A 48-year-old Gardnerville man who was kicked out of a treatment center for using tobacco is set to plead guilty Jan. 8 to conspiracy to violate the Uniform Controlled Substances Act.
James Goldberg was arrested in September with Fern Capra in connection with the alleged sale of 30 grams of methamphetamine to officers in the sheriff's Street Enforcement Team.
Goldberg was charged with being a principal to trafficking in a controlled substance and the conspiracy charge and entered the Sierra Recovery Center for a 28-day program.
He was kicked out after two weeks for smoking, a violation of center rules.
His lawyer, John Routsis, said Nov. 22 that Goldberg would plead guilty to the conspiracy charge and, in exchange, the District Attorney's office would drop the trafficking charge.
Goldberg is to enter his plea before District Judge Michael Gibbons on Jan. 8.
He denied an allegation by center staff that he punched holes in the wall when he learned he was to be terminated from the rehabilitation program.
"You're a mess and you haven't done anything to fix it," said East Fork Justice Jim EnEarl.
"I feel good about not wanting to use," Goldberg said.
His lawyer said he had been drug-free for 30 days, except for the nicotine.
If Goldberg bails out, EnEarl ordered him on house arrest where he is subject to random testing and forbidden to use drugs or alcohol.
EnEarl reduced his bail to $10,000 bondable.
n An 18-year-old Gardnerville Ranchos resident, who tested positive in court for marijuana while awaiting sentencing on an earlier drug charge, was sent to Douglas County Jail for six months.
Brandon Larmee acknowledged that East Fork Justice Jim EnEarl ordered him not to use drugs at his last court appearance, but said he figured he had 10 days to serve anyway.
"I didn't think there was anything I could do," Larmee said Nov. 22. "You said 10 days in jail."
EnEarl said Larmee could enter a treatment program which would count toward his sentence if he successfully completes it.
He must remain in jail for 30 days to be drug-free for the program.
EnEarl said Larmee could come back before him and discuss the remainder of his sentence after the treatment.
"Is that my only option?" Larmee asked. "I have bills to pay."
"The other option is you are remanded to the custody of jail for six months if you don't go to rehabilitation. If you want to try to make it better, go to rehab," EnEarl said.
