WINNEMUCCA — A motion by Public Defender Matt Stermitz was successful in reducing the charges against his client – even though the matter was not decided in court.

Rather than discuss whether or not the motion had merit, the Humboldt County DA’s Office negotiated a resolution.

The defendant, Chad Matthew Brown, was originally charged with misdemeanor domestic battery and gross misdemeanor interrupting a telephone call following a dispute with his fiancée earlier this month.

The accusations against Brown were that he grabbed the wrist of his fiancée and knocked a cell phone out of her hand when she tried to call her mother during a dispute between the two.

Stermitz filed a motion in Union Township Justice Court in which he sought dismissal of the charges and  exoneration of the $7,500 bail.

In the motion Stermitz pointed out the defendant was not initially charged with interrupting the telephone call.  Instead, a report was sent to the DA’s Office and the DA’s Office filed a criminal complaint alleging the offense.

Inexplicably, Brown was then arrested on the charge even though no warrant was issued.

Stermitz also argued the NRS statute under which Brown was charged, 707.900, is the crime of interception, interruption or delay of a message sent over a telephone line. However, the phone in question was a cell phone.

The NRS statute enacted in 1911 simply had not kept up with the times.  The 6^th Judicial District Court previously ruled the statute does not apply to cell phones.

Stermitz commented, “The district attorney knows better.”  He went on to note while the current deputy DA was not in his position when the 6^th JDC ruled on the matter, the staff was.

Stermitz concluded, “The matter should be dismissed.  The district attorney and his staff admonished to do better.”

As the DA’s Office negotiated a settlement, the motion was not heard in court and the DA’s Office received no such admonishment – except from Mr. Stermitz.

Brown was in Union Township Justice Court on Tuesday (Nov. 29) where he pleaded guilty to simple battery.

Sr. Judge Edward Johnson sentenced the defendant to time served of seven days.  Additionally, he instructed Brown to take his fiancée out to a nice dinner.