No job, restitution, no probation

Probation was revoked Monday for a 27-year-old South Lake Tahoe man who was involved in a check forgery ring.

Adam Smith made several excuses to District Judge Michael Gibbons why he failed to fulfill any conditions of his probation, including claims he was cheated out of his pay, stood up by drivers who promised to take him to drug court and caught with a knife because he couldn't find a safe place to dispose of the weapon.

"This is the second time he's been back for violations," said prosecutor Tom Gregory. "He's done nothing on probation at all."

Smith was ordered to pay $1,826.45 restitution at $75 per month. He pleaded guilty to conspiracy to utter a forged instrument in connection with a series of fraudulent checks which were cashed at the Lake two years ago.

"I learned my lesson from this," he said Monday. "It won't happen again. I am sorry; it just didn't work out. I think unsuccessful discharge of my probation would be most fair."

Gibbons disagreed.

"The court tried to help you. This is not the first case you've been arrested on. Your probation is revoked. It's not always somebody else's fault," Gibbons said.

He gave Smith credit for 73 days in jail and ordered him to serve the balance of the year.

Because of Smith's indigent status, he is no longer required to make restitution that was divided among other defendants.

A 49-year-old Gardnerville Ranchos woman was ordered to serve seven years in Nevada State Prison for her third felony conviction of driving under the influence.

Janice Generelli must serve 28 months before she is eligible for parole.

"I hope you get all the treatment you can," District Judge Michael Gibbons said Monday.

He encouraged her to request parole release into a treatment program.

Generelli, who wept during the sentencing, said she had been sober for 13 years, but drank because it was the anniversary of her husband's death.

"I just fell," she said. "I just couldn't get up."

She was arrested in May for drunk driving, released on probation and re-arrested at her residence June 26 with a blood-alcohol content of .232, nearly three times the legal limit for driving in Nevada.

"I'm very sorry for your personal circumstances," Gibbons said. "But I am concerned about the community's safety. You can't stay out of a car when you've been drinking."

Gibbons gave her credit for 105 days served in Douglas County Jail.

A 24-year-old Bodie Flats man was sentenced Monday to probation on two counts of trafficking in cocaine, including an allegation he was peddling the drug within 1,000 feet of Lampe Park.

District Judge Michael Gibbons ordered Isaias Leon, 24, to serve an additional six months in Douglas County Jail. Leon has been held on $30,000 bail since his arrest July 25.

Leon's lawyer, Tod Young, said his client took the offense seriously.

He said Leon was in the country legally, had family in the community, and wanted to go back to work.

Prosecutor Tom Gregory asked that Leon be sentenced to two consecutive prison terms of 12-36 months each.

"These were two difference offenses," Gregory said. "The second transaction took place just outside the park. The state believes if you're going to sell drugs here, two times, and it's cocaine, you go to prison. We want to send a message to the community we view this very seriously."

Gibbons said he believed Leon could be a productive member of society, but deserved punishment for the crime.

He sentenced him to four years in Nevada State Prison on each charge to be served concurrently, and placed him on five years probation.

He ordered Leon to pay $600 restitution and $500 attorney's fees at $75 per month when he's released from jail, and to perform 40 hours of community service.