Defendant talks himself into prison

A Markleeville man literally talked himself into two prison terms in connection with a vehicle break-in and the passing of forged checks on Tuesday.

Waylon K. Dondero, 23, received two 12-36-month sentences after he denied going into someone's car after breaking the window and stealing several items.

District Judge Dave Gamble told Dondero that he talked himself out of a chance at drug court, which would have allowed him to avoid incarceration.

"You just got yourself out of drug court by not taking responsibility for your actions," he said. "You give me no choice by your actions but to sentence you to prison. This will be how your life goes until you recognize that there is a bad guy in this story and it's you."

Defense attorney Terri Roeser had succeeded in getting Gamble to consider drug court for Dondero, saying Dondero had been drinking alcohol since he was 12 years old.

"He's always taken responsibility for what he's done," she said.

Prosecutor Derrick Lopez told Gamble, Dondero got out of a car and used a rock to break the victim's window. The vehicle's owners were within sight of the incident and identified Dondero as the culprit, including where he got back into his car.

Dondero admitted in court that he broke the window, saying he thought the car belonged to some people with whom he'd had an earlier confrontation. He said one of the women in the car took the stolen items.

"I'll be held accountable for my actions," he said. "They gave them a deal to testify against me."

"Baloney!" Gamble said. "You were going to steal stuff from that car."

Gamble sentenced Dondero to pay $340 in restitution for the attempted burglary and to pay $2,480 in restitution in a forged check scheme where Washoe Tribe checks were written out to Sharkey's and the Carson Valley Inn.

n One of the men arrested in an Indian Hills drug raid earlier this year was sentenced to 12-32 months in Nevada State Prison.

Marco Mendez, 29, told District Judge David Gamble he was a skilled carpenter and wanted to be out of prison to care for his children.

"I am both father and mother to my five children," he said through an interpreter.

Mendez was one of five Indian Hills residents arrested Feb. 17. A half-pound of methamphetamine was recovered in the investigation.

Defense attorney Alan Erb said Mendez played a small role in the drug conspiracy and though he was not called on to do so, was ready to provide information to authorities about the chief suspect.

Erb asked Gamble to consider probation for Mendez.

Prosecutor Kristine Brown said Mendez had a prior conviction for trafficking and had gone to prison.

Mendez countered that he had been a drug addict before, but he cleaned up his life after his wife left him with the children.

Gamble agreed with Brown, pointing out that Mendez had been deeply involved in the drug trade as recently as December of 2004.

"When you get out of prison, I suggest you stay as far away as possible from people who do drugs," Gamble said.

Mendez was given credit for 186 days he served in jail.

n A Carson City man admitted to breaking into homes to feed his drug habit when he pleaded guilty to one count of burglary on Tuesday.

Ryan J. Pabor, 26, is one member of a burglary ring that raided several homes in the Johnson Lane area. He was arrested Aug. 6.

Pabor admitted to the charge under an agreement with the District Attorney's Office that they would not argue for more than 22 months in prison and restitution. Gamble could consider sentencing Pabor to the maximum of 4-10 years in prison.

After the judge prodded him to describe what happened, Pabor described the scene.

"We were just high and just stealing to get more money for dope," he said.

Gamble said he recognized Pabor from somewhere and Pabor admitted he had been in juvenile court. His sentencing was set for Oct. 10.

n A Gardnerville man received a suspended one-year jail sentence after he admitted to helping steal a safe from a home of some people he knew.

Richard D. Reynolds, 19, blamed his drug addiction for his involvement in the theft and told Gamble he lied about his involvement because he didn't want to reveal his drug problem.

Reynolds pleaded guilty to conspiracy to commit theft and was ordered to pay $707.12 in restitution. He was ordered to continue his drug treatment program and not to consume alcohol for the entire time of his probation.

n A Gardnerville man faces up to six years in prison after admitting to felony driving under the influence of alcohol.

James M. Macauley, 48, told Gamble on Tuesday that he bumped into the back of a truck that was left parked on Highway 395 at Topsy Lane at 9:40 p.m. Aug. 7.

"I got out of the car and there was no one inside the truck," he said. "I tried to leave a note, but then someone else pulled up so I left. I knew they would pull me over."

Macauley's blood alcohol content at the time of the accident was .290, or more than three times the legal limit.

Prosecutor Derrick Lopez pointed out that the report said Macauley hit a truck that was stopped at the traffic light in the accident and that the driver was the one who called 911.

"Sometimes our perception is altered at .29," Gamble observed.

Prosecutors have agreed to seek only 14-36 months prison time for Macauley and a $3,600 fine.

"You understand that there is no probation available to you?" Gamble asked Macauley in setting a Sept. 26 sentencing date. Macauley said he understood.