Citing concern for his safety, a 42-year-old man pleaded no contest Monday to using methamphetamine, but insisted the substance was slipped in his food in retaliation for his testimony against an acquaintance who pleaded guilty to burglary.
John Christy pleaded no contest to the probation violation which occurred Oct. 7. He cited a break-in at his Bodie Flats residence and claimed someone must have put the substance in his food.
Christy provided assistance in the case against Robert Pierce, 33, who pleaded guilty Oct. 18 to robbery and is set for sentencing Nov. 29.
District Judge Michael Gibbons sentenced Christy to 60 days in Douglas County Jail for the violation after which he'll be discharged from probation.
Christy said he and his family planned to move from the area.
"He looks to relocate," said lawyer Derrick Lopez. "He believes he is the target of retaliation that may become more physical."
Lopez said Christy admitted his methamphetamine addiction and had worked to get off the drug.
"He is prepared to take his punishment but he is adamant he did not knowingly use methamphetamine," Lopez said.
Christy was sentenced to three years in prison for possession of a motor vehicle stemming from a February 2009 conviction. He has a lengthy criminal history.
Prosecutor Laurie Trotter agreed with the recommendation to discharge Christy from probation.
"The issue of retaliation is real if John Christy is sent to prison. He did cooperate as a witness," Trotter said.
Christy claimed he ingested the methamphetamine after someone broke into his residence and contaminated food or drink. He said he was advised to get rid of all his food and beverages to protect his family from the substance.
Kevin Young of the Nevada Department of Parole and Probation told Gibbons that Christy did not report the alleged burglary until five days after he failed the drug test.
Christy has had prior probation violations involving drug use.
"I understand this has been a long road nobody wants to go down. It makes me feel bad, like I am a loser," Christy said.
Despite his record, Christy said he was trying to change his ways.
"I do care what people think about me," he said. "I'm working really hard. Maybe some day people will say I've been able to change for the better."
Gibbons reinstated Christy's probation and ordered him to serve 60 days in Douglas County Jail.
Gibbons gave him credit for 215 days in custody, but said he had to serve the full 60 days.
"Frankly, the chances were very high your probation was going to be revoked today," Gibbons said.
The judge said he was persuaded by the state's argument that Christy had cooperated in the Pierce case, could face retaliation in prison, and had served a long time in custody.
"If it simply came down to believing you or not believing you, you would have come down on the short end of that one," Gibbons said.
He said Christy would be taken off probation after he served his jail time, completed 80 hours of community service and paid all his fines and fees.