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Judge Robert E. Estes recused himself from the sentencing hearing scheduled Monday afternoon for Debbie Getto Smith. Smith pleaded no contest to two counts of embezzlement in district court in June.
Johnnie McGowan, judicial coordinator for the Third Judicial District Court in Fallon, said the sentencing was vacated for Monday and has not been rescheduled yet.
Estes filed an application with the Nevada Supreme Court for a senior judge to handle the sentencing hearing. Once the high court appoints a judge, that judge will contact the district court and a new sentencing hearing will be scheduled, McGowan said. She estimated the hearing could take place within the next four weeks.
All three judges for the Third Judicial District Court Leon Aberasturi, Estes and David Huff have recused themselves from the case, McGowan said. Estes could not be reached for comment on Monday.
Churchill County District Attorney Art Mallory said his office received a call Friday afternoon at 4:50 p.m. advising them of Estes recusal. He said his office called the alleged victim immediately to alert her of the delay so as not to inconvenience her.
Smith, 53, a former Churchill County School Board president, was formally charged with two counts of embezzlement of more than $2,500 from a victim over the age of 60. Smith allegedly stole $134,650 from an elderly client for whom she did bookkeeping services.
The criminal complaint filed in Justice Court states that between Nov. 2, 1999, and Dec. 8, 2006, Smith used a credit card belonging to Joanna Hibbert Ross and charged $84,650. The complaint also states on or around March 28, 2001, Smith withdrew a total of $50,000 from three accounts belonging to Ross, age 80. Ross is the owner of Ross Investment Co. and shared an office building at 507 S. Maine St. with the accused.
According to a Fallon Police Department report, Ross contacted local Certified Public Accountant Joe Lane in December about suspicions regarding her company credit card. Lane and Ross checked online statements and discovered numerous charges not related to business, the report states. Lane and Ross confronted Smith about the charges Dec. 6 and Smith admitted stealing from Ross for the past four or five years, the report states.
Smith confessed Dec. 8, 2006, to Fallon Police Department Detective John Frandsen to taking money from Ross since mid-2000, claiming she had a shopping addiction.
Smith attempted to pay Ross with two checks, one for $10,628 and another for $226,000, but both were refused in favor of prosecution.
Smith turned herself in at the Churchill County Jail May 4 on a warrant issued the previous day. She immediately posted $10,000 bail and was released.
She waived a preliminary hearing in Justice Court in June 5 and pleaded no contest at her arraignment in district court June 12.
Johnnie McGowan, judicial coordinator for the Third Judicial District Court in Fallon, said the sentencing was vacated for Monday and has not been rescheduled yet.
Estes filed an application with the Nevada Supreme Court for a senior judge to handle the sentencing hearing. Once the high court appoints a judge, that judge will contact the district court and a new sentencing hearing will be scheduled, McGowan said. She estimated the hearing could take place within the next four weeks.
All three judges for the Third Judicial District Court Leon Aberasturi, Estes and David Huff have recused themselves from the case, McGowan said. Estes could not be reached for comment on Monday.
Churchill County District Attorney Art Mallory said his office received a call Friday afternoon at 4:50 p.m. advising them of Estes recusal. He said his office called the alleged victim immediately to alert her of the delay so as not to inconvenience her.
Smith, 53, a former Churchill County School Board president, was formally charged with two counts of embezzlement of more than $2,500 from a victim over the age of 60. Smith allegedly stole $134,650 from an elderly client for whom she did bookkeeping services.
The criminal complaint filed in Justice Court states that between Nov. 2, 1999, and Dec. 8, 2006, Smith used a credit card belonging to Joanna Hibbert Ross and charged $84,650. The complaint also states on or around March 28, 2001, Smith withdrew a total of $50,000 from three accounts belonging to Ross, age 80. Ross is the owner of Ross Investment Co. and shared an office building at 507 S. Maine St. with the accused.
According to a Fallon Police Department report, Ross contacted local Certified Public Accountant Joe Lane in December about suspicions regarding her company credit card. Lane and Ross checked online statements and discovered numerous charges not related to business, the report states. Lane and Ross confronted Smith about the charges Dec. 6 and Smith admitted stealing from Ross for the past four or five years, the report states.
Smith confessed Dec. 8, 2006, to Fallon Police Department Detective John Frandsen to taking money from Ross since mid-2000, claiming she had a shopping addiction.
Smith attempted to pay Ross with two checks, one for $10,628 and another for $226,000, but both were refused in favor of prosecution.
Smith turned herself in at the Churchill County Jail May 4 on a warrant issued the previous day. She immediately posted $10,000 bail and was released.
She waived a preliminary hearing in Justice Court in June 5 and pleaded no contest at her arraignment in district court June 12.


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