Sentencing set for burglars

Sentencing was set May 18 for two suspects who pleaded guilty Tuesday in the theft of $12,000 from a home in Johnson Lane used as a party house while the owners were on vacation.

Richard Eernisse, 20, of Yerington, pleaded guilty to grand larceny for his part in the crime which occurred Oct. 9, 2009.

In exchange for his guilty plea, the district attorney has agreed to recommend probation. He also will be responsible for restitution along with his codefendants.

Garrett Cunningham, 19, pleaded guilty to burglary. He faces up to 10 years in prison, but the district attorney has agreed to recommend Western Nevada Regional Drug Court if Cunningham qualifies.

District Judge Dave Gamble, who said he knew Cunningham from his juvenile record, said he wasn't prepared to send the defendant to drug court.

The homeowner told deputies he and his family left on vacation Oct. 3 and returned Oct. 12 to discover someone had entered the house. Nearly $12,000 had been stolen from a safe along with checks made out to the family business.

A neighbor told the residents there had been a large juvenile party at the house while they were gone. According to reports, the party was held to cover up the burglary, so a guest could be blamed for the crime instead of the suspects.

Several juveniles also have been charged.

"I've got every kid in the case," Gamble said.

He got Cunningham to admit he stole the money rather than his original admission of "taking" it.

"You stole it from the people who cared for you and considered you their friend?" Gamble asked.

In asking Gamble to consider drug court, lawyer Tod Young said Cunningham's drug habit qualified him for the program.

"These young people go into the house where the people are on vacation, and use it as a rec room, a dope-smoking room. Garrett's share was $2,000 which he spent mostly on drugs," Young said.

Young said Cunningham turned himself in when he learned there was an arrest warrant. Cunningham has been in Douglas County Jail on $15,000 cash bail.

Gamble refused to release him unless he is accepted at an in-patient treatment program as a Douglas County inmate.

Young said Cunningham had a "real opiate dependency" which started with pain killers and advanced to heroin.

"As I have heard you say, drug court is the best way to handle this problem," Young said.

Gamble agreed to allow Cunningham to attend drug court prior to his sentencing and to undergo in-patient treatment. He said he would decide on drug court after he considers Cunningham's pre-sentence investigation report.

"I just want him to do in-patient," Gamble said. "I don't want him out of custody."

Eernisse was accused of entering a crawl space to remove the money from a safe. Cunningham is accused of picking the lock, opening the safe and removing a money bag.

"We went to a house. Somebody opened a safe. We took the money and left," Eernisse said.

He faces up to five years in prison and a $10,000 fine.

A third adult, Lynsey Fecteau, 18, was charged with possession of stolen property.

She is to appear in East Fork Justice Court on Wednesday.

According to reports, Fecteau distributed the money, but was not accused of taking part in the burglary.

The suspects reportedly told investigators they had spent the money on clothing, marijuana, Ecstasy, video games, and a PlayStation.

Witnesses said there were as many as 30 people in Kim Place residence while the owners were out of town.