What’s Honorable About Judge Breslow's sentence?
Picon is somewhat in disbelief of a recent sentencing in Judge Breslow’s court. Despite his relatively hard stance with some defendants, this case seems to show the apparent ‘softie’ sentencer Judge Barry Breslow at work. If you’re the City of Reno, Breslow lowers the boom, is it personal between Breslow and the Reno City Attorney Karl Hall, Picon would love to know. Apparently, if you’re alleged to be driving high, hit a car, flee the scene, and leave a man to die, Barry hands out probation.
If you recall, Judge Breslow was appointed by his long-time buddy, and former Governor, Brian Sandoval. Breslow then ran unopposed twice. No shocker there since Breslow makes $168,391.65 a year as a judge and any remotely successful attorney in Reno clears that in six months. Who wants to take a pay cut?
In this matter, Jennifer Dietsch, was reportedly driving altered on drugs, killed a man, and fled the scene, and where was the Washoe County District Attorney Chris Hicks. If he’s planning to run for Nevada Attorney General Hicks needs to find a spin and have his underlings, in this case Robert Erquiaga, step up.
KTVN reported: Nevada Highway Patrol says 44-year-old James Marsh died on scene after his 2001 Ford Explored was hit by a 2007 Volkswagen Beetle, driven by 20-year-old Jennifer Dietsch.
NHP says a preliminary investigation shows Dietsch was driving northbound on Panther in the storage lane south of the southbound US-395 Panther Valley on-ramp, while Marsh was driving northbound on the left travel lane on Panther approaching the southbound US-395 Panther Valley on-ramp.
The Beetle attempted to overtake the Ford Explorer by passing on the left in the storage lane and approached a raised concrete traffic island. The Volkswagen drove onto the traffic island, struck a marker post, and entered the left travel lane occupied by the Ford.
The right side of the Volkswagen struck the left side of the Ford, causing it to roll. NHP says Dietsch then drove away from the crash.
She was eventually arrested and booked into the Washoe County Jail on several felony charges, including DUI causing death and duty to stop at scene of crash involving death. She also faces charges of failure to maintain travel lane, failure to render aid, duty to report crash to police office.
It would seem Jennifer Dietsch ‘lawyered-up’ and hired Tom Viloria as her attorney. Is Jennifer a trust fund baby? Got a bucket full of dough stashed away from her high school/college jobs? We question where a 20-year old found at least $40,000 to pay her attorney. Mr. Viloria is highly skilled, just ask Mrs. Melody Brown (County Manager Eric Brown’s wife), who got Mrs. Brown off the hook in Sparks, to the tune of $15,000-$20,000 per the rumor mill, so we assume about double fees for a driving-high-hit-and-run death case.
Judge Breslow should check the KTVN 2 News Facebook feed where back on May 18, 2021, there were about 512 comments that this person should have the ‘book thrown at them’ for this reckless death, but Barry gave probation instead. Wonder how ‘Softie’ Breslow will fare in the 2026 judicial elections? We bet based on his track record if he pulls an opponent he will no longer be on the bench.
Oh, and for anyone who wants to call us out on this:
Dietsch pled to: NRS484B.653(9) a category B that carries a mandatory minimum in of one year with a max of 6 years, and a fine of $2-5K.
She was given a 28–72-month sentence and a payment of $2k with 9 days credit.
Suspended and put on probation for 3 years.
However, Breslow remanded her to WCSO to be in their custody until Feb 24, 2024, and restitution or $2002.73 to Nevada Victims of Crime. She is in jail.
So instead of prison for a minimum of a year, Breslow put her in jail for six months and a three-year probation period.
Not only was his sentence very lenient, he has now added a body to the jail, which at last check is over capacity. Had he sent her to prison, the jail would be absolved of the burden of housing her. Maybe he didn’t consider that when he sentenced her to jail time on this felony case.
Picon wonders if Barry has been around long enough to remember the sad case with Anna Jackson. Ms. Jackson, just 24 at the time, was sentenced to 2 years in prison for an unfortunate set of circumstances that resulted in the death of a police officer. See, Anna pulled out from an obstructed view driveway on Mill Street into the path of a motorcycle police officer rushing to another accident. Anna claims to have never seen the officer, which was supported by prior citations of the business owner for bushes that obstructed to the view onto Mill Street.
Unlike this case, Anna stayed on scene, cooperated, and admitted to smoking marijuana the day prior. She passed the roadside tests and was not overtly impaired. She had not been reckless or driving in a manner as to harm others, like this lady reportedly had. Yet Anna went to prison, and then DA Gammick called the judge's sentence “ludicrous”, citing the death of a police officer. Wonder what a tough-on-crime retired DA would say about this case?
Between the Handte-Hillygus matter and some other rumblings we have heard out of Judge Breslow’s court, we have a feeling this will not be the last article about Mr. Breslow.