Ex-prosecutor’s jail term for drug charge delayed

A nine-month jail sentence for a former drug prosecutor who pleaded guilty to buying $40 worth of cocaine again has been delayed, this time by Nevada's high court.

The Supreme Court on Friday said that because the case is under appeal, David Schubert does not have to report to the county jail Monday to start serving his sentence, which was handed down by a district judge in February.

Meanwhile, the Supreme Court has asked the state attorney general's office to respond to the sentencing appeal made by Bill Terry, Schubert's lawyer.

Terry has said Judge Carolyn Ellsworth showed bias against his client at a Feb. 27 sentencing hearing.

At the hearing, Terry said, Ellsworth violated procedure by adjudicating Schubert guilty before arguments by the defense and the prosecution. And Ellsworth's court marshal handcuffed him before the judge announced she was sentencing him to nine months in jail for his buying $40 of rock cocaine last year.

Last week Chief Judge Jennifer Togliatti denied Schubert's motion to have the sentence tossed and the case moved to another judge.

The Supreme Court has asked for a response to Terry's appeal from the state attorney general's office, which prosecuted the case. As part of a deal with prosecutors, Schubert pleaded guilty to a felony charge of cocaine possession, which under state law results in mandatory probation.

At the sentencing hearing, Ellsworth called the deal "offensive" and sentenced Schubert to three years of probation, which included nine months in the county jail. State law allows a judge to order a defendant to serve a year of probation in jail.

In contrast, two high-profile cocaine prosecutions handled by Schubert resulted in probation and no jail time. At the time of their arrests, celebrity Paris Hilton and singer Bruno Mars both had more cocaine in their possession than the former prosecutor.

Las Vegas police arrested the 10-year veteran prosecutor in March 2011 after they watched a man get out of Schubert's car, go into an apartment complex and return. Officers found Schubert with a minute amount of rock cocaine and confiscated a 9 mm handgun from his car.

Contact reporter Francis McCabe at fmccabe@reviewjournal.com or 702-380-1039.