Carson man sentenced to 30 days, probation for sex with underage girl

A 23-year-old man was sentenced to 30 days in jail followed by probation not to exceed five years on a single charge of attempted statutory sexual seduction in district court Monday morning.

Jarret Wagner, 23, pleaded guilty in April to attempted statutory sexual seduction for his acts with a 15-year-old girl. Judge James Russell gave him credit for 143 days served in the Carson City Jail. Wagner will have to register as a sex offender.

He faced a maximum sentence of a little over 2½ years in the Nevada Department of Corrections.

The defense and prosecution agreed with the the Division of Parole and Probation’s recommendation for probation, although the division recommended an extra 57 days in jail.

Deputy District Attorney Nathan MacLellan told Judge James Russell that the victim was a runaway, and that Wagner provided her solace.

“He took advantage of the difference in age,” he said.

Wagner’s attorney, William Murphy, told the judge an extra 57 days was unnecessary.

“I think his heart got in the way of his head as his judgment goes,” he said. “I don’t see the need for 57 more days in jail.”

The prosecution and defense agreed Wagner showed remorse.

“My decisions that led to this were my own stupidity,” Wagner told the judge.

ALSO IN DISTRICT COURT

• The trial date for a Carson City man accused of providing heroin to a Carson City woman, causing her death, was moved from the end of June to Oct. 15-18.

Angel Altamirano, 21, is charged with second-degree murder and failure to seek or render medical aid in Brittany Rubke’s overdose death. She was 23 at the time. He was bound over to district court Jan. 11.

According to state law, if a person dies from the ingestion of a controlled substance, the person who gave or sold him or her that drug can be charged with murder.

Altamirano was arrested on a second-degree murder warrant Oct. 9. Rubke died Oct. 17, 2011.