John Scarffe, Nederland. The Nederland Courts met on Friday, March 13, 2020, at the Nederland Community Center beginning at 8:30 p.m. with Municipal Court Judge David J. Trower. The Court heard a trial for careless driving and sentenced area residents for theft, prohibited use of a weapon and counts of speeding without registration or insurance.

The Court heard a trial for Marcus Santiago of Nederland, who was charged with careless driving on December 2, 2019. In his defense, without an attorney, Santiago said he did not drive carelessly. He had a two-wheel truck and it slipped on the snow. 

The prosecution called Nederland Marshal Larry Johns, who said he had been with the Nederland Police Department for 18 years and has significant training on an annual basis. On Dec. 2, Johns received a report of driving under the influence in Big Springs.

He drove to the immediate area and talked to Peter Lowell, who had reported the potential DUI. He saw where a vehicle ran off the road on the south side of the road in the snow and then pulled back on to the road. 

Johns drove to 300 Big Springs Drive, where a black Dodge pickup was parked with Maryland plates. Johns also had along a training officer, he said.

The defendant came out of the house, and when Johns approached him and explained why he was there, the defendant appeared to be weaving. He told Johns he had been eating Taco Bell food and didn’t have both hands on the wheel when the truck slid off the road.

Johns said no reason existed to drive off the road. The speed limit is 15 mph, but Big Springs Drive was snow packed, Johns said. 

The prosecution called Peter Lowell to the stand. Lowell said that at 4:45 p.m. on December 2, 2019, he was driving behind a Black Dodge coming up Boulder Canyon. Just after a passing lane, he noticed the pickup going over the yellow lines and going above the speed limit. 

Lowell followed the Dodge as it turned on to Big Springs Drive, and when the snow pack started, he saw the Black Dodge coming out of the ditch. Then he called the police, and followed the Dodge to 300 Big Springs Drive and saw him exit his vehicle. Lowell remembered the black beard and hair of the defendant. 

In his defense, Santiago asked how many other black pickups Lowell might have seen. He couldn’t see the ditch. He thought the driver behind him was trying to pass him, so he pulled over. 

When the officer came to his house, he was going out to his truck to get paperwork because he had been injured at work that day. He had on flat shoes so he had a hard time walking on the slick ice.

During closing arguments, the prosecutor said they have proven that the defendant drove recklessly. He admitted he didn’t have both hands on the wheel and drove into the ditch. 

Judge Trower stated the facts of the case, including the testimony of Marshal Johns and Peter Lowell. Prosecution has provided evidence that the vehicle went off the road because of tracks in the snow. He should have had no reason to go off the road.

Trower found the identification of the defendant as sufficient, and pronounced Santiago guilty of the charge, imposing a $235 fine to be paid by April 10.

In earlier cases before the Court, Noc Cruz pleaded guilty to a charge of theft on January 30, 2020, at Lakeview Drive. His sentence was suspended for 12 months but he must attend classes and pay court costs $200 with $100 suspended.

Judge Trower said that, given the current environment, he will accept online courses. He must complete the courses by June 12.

Jacob Whitt pleaded guilty to the prohibited use of weapons on January 24 at Doe Trail. Judge Trower read the ordinance prohibiting the discharge of any kind of weapon in Town. 

Whitt said he lives in Big Springs and didn’t know he was in Nederland Town limits. He was shooting into a hillside, and the nearest house was two miles away.

Trower sentenced him to deferred judgement for 12 months and 8 hours of community service. Whitt said he will do his community service at Charlie’s Place, an animal shelter in Clear Creek.

Michael Katzen pled no contest to a charge of speeding 40 mph in a 20-mph zone on January 29, 2020, at Highway 119. He said the zone is very confusing, because he thought he was in a 40-mph zone.

Trower said, “You were either speeding, or you were not.” He required Katzen to pay $260 in court costs by April 10.

Steven Rumer had a charge of failure to have insurance, which was dismissed, and he pled guilty to no registration. He said he is no longer driving and agreed to pay court costs of $215 by April 10.

Juan Carlos Aziz Gonzales was charged with speeding 10 to 19 mph above the speed limit, and the prosecutor recommended reducing the charge to defective vehicle and no registration for $220 in court costs. He agreed.

The next session of Nederland County Courts is scheduled for Friday, April 10, 2020, at the Nederland Community Center, pending status of the Corona virus.

(Originally published in the March 19, 2020, print edition of The Mountain-Ear.)