Hearing continued in machete/stalking allegations

A preliminary hearing for a man accused of threatening a half-dozen people with a machete was continued Friday after the prosecutor said she was going to amend the complaint and extend the alleged criminal conduct from 24 hours to several months.

James Aaron Preston, 41, has been jailed on $25,000 cash bail, accused of four counts of aggravated stalking.

He was charged with leaving multiple cell phone messages Jan. 9 that he was on his way from Dayton, where he lives, to the Centerfield Bar in Gardnerville to kill people with a machete.

When deputies stopped his vehicle at highways 395 and 88 near midnight, they confiscated a machete behind the driver's seat.

He was jailed on a mental health hold and taken for treatment to West Hills Hospital in Reno for four days. He was diagnosed with a bipolar disorder and began a treatment regimen included medication and therapy.

He was incarcerated in Douglas County Jail on Feb. 1 where he remains.

Preston's lawyer, Kris Brown, did not object to the continuance, but argued her client should be released on his own recognizance because he only waived his right to a hearing within 15 days of his arrest because of the prosecution's new information.

She said since Preston had been correctly diagnosed and was receiving the proper medication, he did not pose a risk to the community.

"The use of improper medication led to his aggressive behavior," Brown said.

She acknowledged Preston had been drinking when he was arrested, but said he was not driving drunk.

"He realizes it was not a good idea to use alcohol over his medications," she said. "He has been seeing an alcoholism counselor and has focused attention on his mental health issues."

She said if Preston were released, he would be on a GPS monitor and under the supervision of the Department of Alternative Sentencing and confined to his Dayton residence.

Prosecutor Laurie Trotter said the charges against Preston were serious and the alleged victims feared for their safety.

Several people testified Friday.

"He took action to carry out his threats," Trotter said. "After he was arrested as he was driving to the Centerfield Bar, the next day one of the victims received several calls from the defendant and a text message that caused a lot of concern."

One of the alleged victims said he didn't trust Preston to take his medication or "do what he says he'll do."

"I believe he would be caught, but at that point, it would be too late. I fear for myself, my family and other people in this community. I don't trust him," the man told Justice Jim EnEarl.

Preston's wife said her husband was doing intensive outpatient treatment and she wasn't afraid of him.

"He'll never have a chance to get better if he sits in jail," she said.

Preston said he wished he had known 15 years ago he had a bipolar disorder.

"My history - childhood to present, what got me here today - violent outbursts, days of just not feeling OK, I was always told I had an anger management problem," Preston said.

EnEarl let the bail stand at $25,000 cash only.

"I'm not happy with either decision I have to make: The bail stands, or I release him on his own recognizance," EnEarl said.

Addressing Preston, EnEarl said he applauded the suspect for the steps he's taken.

"Do you understand you have scared a lot of people?" EnEarl asked. "I have to deal with those fears as well. I have a delicate balancing act. Do I think keeping you in jail is going to help you? Not necessarily. If I release you, I exacerbate the fears of these people. Do I err on the side of caution or err on the side of treatment?"

EnEarl set a new preliminary hearing date of March 5 and authorized Brown to apply for funds to hire an investigator to look into Trotter's new information.

"It makes me angry," Brown said. "I don't like what happened here today."

EnEarl said he didn't like it either, but the prosecutor was within her rights.

He ordered all the witnesses to return March 5.