District Judge Dave Gamble refused Tuesday to release 21-year-old Kevin Oliver pending sentencing Oct. 13 for possession of heroin.
Lawyer Tod Young asked Gamble to release the Gardnerville Ranchos resident on his own recognizance.
"He's addicted, but he feels he can maintain his sobriety," Young said.
He said Oliver had been sober since he was jailed following his arrest Aug. 13.
"He feels absolutely certain he's not going to use," Young said.
Oliver applied for admission to Western Regional Drug Court. Gamble granted the request, but ordered a pre-sentence report due Oct. 13.
"I don't know any heroin or meth addict who doesn't feel really, really good after they've been in jail for awhile," Gamble said.
Gamble said he was concerned Oliver wouldn't be able to stay off drugs.
"Right now, to have a 21-year-old heroin addict before me makes me feel ill. My task is to make sure you have the best shot possible at drug court and that is to keep you in custody," Gamble said. "The very best way for you to get to be 21 is to stay in jail until sentencing."
He explained the benefits of completing drug court rather than having a felony possession conviction. If Oliver is successful in the 18-month program, the charge is dismissed and there's no felony record.
"A felony conviction will be a terrible consequence on your life," Gamble said.
If Oliver posts $15,000 bail prior to sentencing, he would be on house arrest, monitored by the Department of Adult Supervision.
Oliver was arrested after Douglas County deputies received a tip through Secret Witness that he allegedly was selling heroin.
The sheriff's Street Enforcement Team recovered three balloons of heroin from Oliver on Aug. 13 when they took him into custody at his home. He admitted selling heroin on Aug. 12.
