Man denies felony DUI that carries mandatory prison sentence

A New Mexico man is denying a subsequent felony instance of driving under the influence.

Richard Duane Dow, 60, has three prior felony instances of driving under the influence, defense attorney John Oakes said.

He estimated that a trial would take two days.

Dow was arrested Aug. 24, 2019, in connection with a crash three miles north of the state line on Highway 395. He allegedly had a .185 blood alcohol content.

A third instance of driving under the influence during seven years is a felony punishable by a minimum of 1-6 years in prison. However, offenders may participate in a 3-5-year DUI diversion program that allows them to enter a guilty plea to a misdemeanor if they graduate.

However, any subsequent instance of driving under the influence is a felony with a mandatory prison sentence of 2-15 years.

• A man was released and was granted diversion on Monday after he admitted to a felony instance of driving under the influence.

Joel Calvin Walker Jr., 26, was arrested June 12 after driving through Minden with a .145 blood alcohol content.

He had prior convictions in Texas in 2016 and 2018.

Walker said he’d been drinking daily since he was 18 years old.

• A woman who faced a probation violation was dishonorably discharged and her case closed Monday.

Rachel K. Zacharias was arrested in 2018 after she fell asleep with her car running and in gear at the Dairy Queen in Minden.

At the time it was determined she was on heroin.

She was granted a drug diversion, but failed it and in 2019, received a suspended 12-34-month prison sentence.

Attorney Maria Pence said Zacharias has struggled with her addiction since and was potentially facing prison for having .2 grams of heroin.

Prosecutor Patrick Ferguson argued that Zacharias should at least do 90 days in jail before her probation was discharged.

However, Judge Tom Gregory said that nearly four years after her original arrest it was time to end the probation.

• A 66-year-old man admitted to a count of felony possession of methamphetamine on Monday.

Douglas Albert Lee is seeking diversion to Western Nevada Regional Drug Court at a hearing set for Aug. 9.

Lee was arrested for possession of slightly more than 2 grams of methamphetamine at his May 20 arrest.

• A California man who kited $2,807 in checks at the Hard Rock in Stateline admitted to a felony count of uttering a forged instrument.

Randy Keith Bechtel, 51, is accused of altering two checks on Dec. 4.

• A Gardnerville Ranchos man was granted diversion on Tuesday after he admitted to a third instance felony count of driving under the influence.

John Phillip Garrett, 48, faces a 3-5-year program, but if he’s successful he will be able to have the charge reduced to a misdemeanor.

A felony DUI carries a mandatory prison sentence of 1-6 years, but defendants may seek diversion and have the felony removed.

• A chef on an oil rig appeared virtually on Tuesday to admit to a count of attempted grand larceny.

David Allen Monroe was ordered to appear in district court on his Sept. 21 sentencing date.

Monroe could face either a felony or a gross misdemeanor in connection with the theft of a purse that occurred on Dec. 21, 2019.

The purse contained $300, according to court files.

• A man who said he started using metamphetamine not long after he got done with a seven-year stretch in prison admitted to possession on Tuesday.

Jared Olan Smith, 28, said he’d been using the drug since he was 11 years old.

On parole, he could be revoked in addition to the 1-4-year prison sentence he faces in the Douglas charge.

He was arrested June 3 after having been out of prison since October 2020.

He is scheduled to be sentenced on Sept. 7.

• A 34-year-old Reno woman who has been on the lam for two years was granted a diversion program.

Krystal Roseanne Olano doesn’t have any other felonies on her record.

In 2019, she was arrested with a hypodermic loaded with heroin but failed to appear in court.