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Thursday, June 1, 2006

Fallon man admits making meth near elementary school



A Fallon man accused of manufacturing methamphetamine near an elementary school pleaded guilty to the charges Tuesday in the Third District Court.

Daniel James Hardy changed his earlier not guilty plea and admitted to offer, attempt or commission of an unauthorized act related to manufacturing or compounding a certain controlled substance within 1,000 feet of a school. He faces three to 15 years in the Nevada State Prison and a fine up to $100,000 when he is sentenced July 18.

"All I can say is I am sorry," Hardy told Judge Robert E. Estes. "I made some serious mistakes and don't want to waste your time. I know prison is where I'm going and hope that's where I can get help. I was manufacturing meth. I brought some items and put them in my garage."

Estes said because the drug was being made close to West End Elementary School, the law requires that any prison term be automatically doubled.

Hardy and Melinda Bowman, 38, were arrested in Feb. 13 at their Center Street home after members of the North Central Narcotics Task Force served a search warrant at the address.

Police confiscated various chemicals in different stages of the methamphetamine manufacturing process. They also found a glass pan containing meth residue from a previous batch of the drug.

The search warrant was served after members of the drug task force received information about methamphetamine being made at the house.

Hardy, 36, has remained in the Churchill County Jail since his arrest. Bowman was released from jail a few days after she was taken into custody and remains free on bail.

She had pleaded guilty in March to allowing a child to be present during the commission of certain violations that involve controlled substances other than marijuana, which carries a possible prison term of five to 20 years.

Bowman was back in court May 9 after the Churchill County District Attorney's Office and her attorney realized she was not eligible for probation on the charge to which she pleaded guilty.

Deputy District Attorney Lane Mills said part of a plea bargain agreement with Bowman included the provision that her attorney could argue for probation. When the law was further researched, Mills discovered that the charge in the plea bargain carries a mandatory prison term.

"Once we made everyone aware of that she has a right to withdraw her plea," Mills said. "What we did is we came up with a new plea agreement that put everyone in the same place with probation."

In the new deal, Bowman admitted to two counts of trafficking a controlled substance. She faces two to 15 years in prison on each count. She will be sentenced June 20.

Mills said normally a defendant cannot be given probation on drug trafficking offenses, but the prosecutor and defense attorney agreed that Bowman provided "substantial assistance" to authorities. That wording makes Bowman eligible for probation, Mills said.

"We're arguing for prison, obviously," Mills added.

Confidential informants told investigators about a meth lab at the home, according to court documents. One informant told police Hardy was making 40 grams of meth at a time.

Two children - a 14-year-old boy and an 11-month-old girl - were in the house at the time the search warrant was served. They were taken into protective custody.

Marlene Garcia can be contacted at mgarcia@lahontanvalleynews.com




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