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Court briefs

Mancos teen avoids prison for beating

An 18-year-old Mancos boy has been approved for a youth offender program after he admitted to hitting a minor in the head with a hammer.

Austin Yeager, 18, was sentenced this week to a three-year term at the state’s Youthful Offender System. The medium-security prison houses teens aged 14 to 19.

“I’ve seen some successes in these programs, and I hope you’re one of those successes,” Chief District Court Judge Doug Walker told Yeager.

In January, Yeager pleaded guilty to second-degree assault in connection to beating his former 16-year-old girlfriend with a hammer in October.

“I wished it never happened,” he said. “I’m not a bad person. I’m sorry.”

Public defender Kenneth Pace said the state’s youth offender program had a 30 percent recidivism rate, compared with the state’s prison system, at 70 percent.

District Attorney Will Furse was on board with the decision, stating his office had received “zero cooperation” from the victim. A protection order remains in place.

Medical records reveal the victim suffered a concussion, three lacerations on her forehead and a contusion.

Yeager was also ordered to undergo domestic violence evaluation and treatment and pay $4,000 in restitution. He was credited for 157 days served.

Wannabe cannibal sentenced

A mentally disturbed man will avoid jail if he enters an in-patient treatment center.

Joshua Berry, 22, was sentenced this week to 24 months of supervised probation. He was ordered to seek mental health treatment until he could find a bed at an in-patient treatment center. He was also sentenced to 90 days in jail with credit for 259 days served.

Berry reportedly fired a rifle at several residences last summer with the intent to kill his neighbors so he could “eat them,” police said.

Public defender Kenneth Pace argued against a longer jail sentence, saying a psychological evaluation revealed that his client suffered from severe PTSD in connection to longstanding child abuse and extensive trauma.

Berry previously pleaded guilty to illegal discharge of a firearm and harassment involving ethnic intimidation. No injuries were reported as a result of the shootings.

Purse snatcher violates probation

A convicted purse-snatcher who violated terms of his probation will now sit in jail.

Terry Emmons, 29, was sentenced to 90 days in jail this week after he admitted violating his probation. He was credited with 41 days served.

District Attorney Will Furse said the defendant had “failed miserably” at a second chance.

Last month, Emmons was placed on 12 months of supervised probation after he stole a purse from inside a vehicle parked at the Cortez Walmart last fall. Unemployed at the time, Emmons had gone to the store to apply for a job, said Public Defender Kent Pace, who described his actions as an “impulsive crime of opportunity.”

Emmons pleaded guilty to auto trespassing in connection to the incident at a hearing on Feb. 6, as part of an agreement for deferred prosecution.

Sex-assault trial rescheduled

A Cortez man facing assault, menacing, sexual assault, false imprisonment and harassment charges has waived his right to a speedy trial.

In custody, Allen Dietz, 56, of Dolores, was granted a new trial date. The trial was rescheduled for Aug. 3. Dietz has pleaded not guilty to 15 felony and misdemeanor charges.

According to court records, Dietz apparently threatened the alleged victim with physical abuse to engage in sex throughout their three-year relationship. Authorities said the alleged victim recorded some of the reported incidents.

Divorcee now faces trespass charge

A California man convicted last month on multiple domestic violence charges was slapped again with a trespass charge this week.

After pleading guilty to attempting to commit trespass, Thomas Reim, 68, was ordered to pay $11,000 restitution within 90 days to avoid jail.

Addressing the court, Reim said the victim, his ex-wife, had received $500,000 in their divorce settlement. He said the trespass charge enabled her to attack him again.

Walker said the divorce was not at issue as he sentenced Reim to 24 months of probation. He told Reim that a protection order remained, and he was not permitted to possess a firearm because of the domestic violence conviction.

A Montezuma County jury found Reim guilty of theft, harassment and criminal mischief charges after he ransacked his ex-wife’s Mancos home in December 2013.

tbaker@cortezjournal.com