Probation was reinstated Monday for a 24-year-old Incline Village resident who admitted taking a painkiller in violation of the terms of his release, but said he had no idea how cocaine turned up in his system.
District Judge Michael Gibbons told Michael Gillmann he must successfully complete drug court in Douglas or Washoe counties or face incarceration.
He also ordered the defendant to boost his efforts to find a job, and pay for his substance abuse evaluation.
Prosecutor Laurie Trotter said she was concerned about Gillmann's participation in drug court because of his "history and propensity to sell drugs on more than one occasion."
Gillmann was arrested April 24, 2009, by the Douglas County Street Enforcement Team with the assistance of Tri-Net Narcotics Task Force for reportedly selling 981 grams of marijuana and .8 of a gram methamphetamine or Ecstasy in the parking lot of a north Douglas County shopping center.
A few days later, Gillmann's Reno residence was raided and officers seized 445 grams of marijuana, 13.71 grams of psilocybin mushrooms, 9.23 grams of Ecstasy, .47 grams (28 doses) of LSD and an AK-47 assault rifle.
Gillmann originally was charged in Douglas County with trafficking and maintaining a place to sell narcotics in Reno.
Trotter said because Gillmann provided substantial assistance to law enforcement in Douglas and Washoe counties, charges were reduced to possession of a controlled substance which made him eligible for probation.
Gillmann told District Judge Michael Gibbons on Monday he was living with his parents in Incline Village. He said he had completed the evaluation, but lost his job before he had a chance to pay for it and it was not released to him.
Gillmann's lawyer Tod Young said his client has been tested repeatedly and this was the first time, he tested positive for cocaine.
"He did not knowingly use it," Young said. "Somebody gave it to him. That's the best he can come up with."
Gillmann admitted taking the Vicodin which he said his mother gave him because he was ill and couldn't sleep.
"I know it was wrong," Gillmann said. "I just needed to sleep. It wasn't for pleasure. I have been clean for a year and a half."
He faced a probation hearing in Washoe County on Tuesday for the alleged violations.
Gibbons wanted to know why it took Gillmann so long to get serious about his probation.
"I lost my job June 9. I'd been in a stressful state. I was living on the couch. I didn't feel like doing stuff. When I got the dirty UA (urinalysis), it really lit up that I've got to get something going," he said.
Gbbons said he was frustrated that Gillmann had done so little.
"When I read the report, there was the suggestion that you had not done anything. I'm not sure why you didn't realize the gravity of the situation when you were facing felony convictions in two counties," Gibbons said.
Gillmann did complete 80 hours of community service.
