Archive | September, 2015

Delgrande’s Defense To Be No Holds Barred, Victim’s Reputation Will Face Withering Fire

Posted on 24 September 2015 by Howard Copelan

Alex Ghibaudo

Alex Ghibaudo

The attorney for accused wife beater Benji Delgrande served noticed last week that anyone thinking convicting Delgrande would be easy should have another think coming.

“I did my job,” said Delgrande’s lawyer Alex Ghibaudo said of his 10 hour performance September 17th in Ely.

Ghibaudo left no piece of evidence or witness or witness unchallenged and while not preventing Delgrande from being sent to trial the las Vegas lawyer did lay the legal ground work to get at least some of the charges dropped.

“I think this is a clear case of over charging,” Ghibaudo said in Tuesday interview with the High Desert Advocate. “Yes I know it is common practice but that doesn’t mean we won,t fight it. I am preparing a couple of writs of hobos corpus right now.”



Delgrande age 35 of Ely was bound over for kidnapping in the first degree, kidnapping in the second degree resulting in substantial bodily harm, coercion, attempted murder, domestic battery causing substantial bodily harm and domestic battery strangulation.  Bail has been set at one million dollars.

He is also separately charged with felony stalking in relation to an earlier incident.

According to police reports deputies investigation were called by Delgrande’s ex-wife, Shannan Breitrick also of Ely. Deputies reported that Breitrick had sustained multiple head injuries and requested an ambulance respond for medical treatment. Breitrick was taken to E.R. By ambulance and due to the extensiveness of her injuries was life flighted to another hospital facility. She identified Delgrande who had fled the area. An arrest warrant was obtained from Ely Justice Court. (Editors note the complete police incident report is republished in this edition).

Screen Shot 2015-07-02 at 10.10.43 AMHowever according to Ghibaudo there may be significant problems with that police report including the fact that Breitrick was significantly inebriated at the time she was found by deputies.

“Her blood alcohol content was 1.3 at least six hours after she was found,” Ghibaudo said. “The would make her very, very drunk at the time of the alleged attack. We have the her photos and to me I don’t think they were inconsistent with falling down the stairs.”

The Las Vegas attorney may also be telegraphing that he plans in effect to put Breitrick on trial along with his client.

That is not to say Ghibaudo will suggest Breitrick deserved the beating but rather either she does not remember correctly or that she is seeking vengeance against her ex-husband.

“In the preliminary hearing when I asked her about the TPO (temporary Protective Order she said it was done out of spite,” Ghibaudo said. “She said yes, no hesitation.”

Homecoming Schedule fromTuesday- 2015-1In other words Ghibaudo’s defense may be that while Breitrick injuries are real she is falsely accusing her ex-husband for revenge.

“She isn’t the saint sh is made out to be,” Ghibaudo said. While attacking the victim’s reputation is a common defense tactic it might not work in Ely. A long time UPS driver Breitrick was known, liked some characterized as loved by just about every White Pine County resident.

“She drove and delivered in Ely and all the rural routes,” said one resident. “She is just a wonderful person. Even during blizzards she brought us all our Christmas presents,” said one resident.

Ghibaudo has said in the past that he would file a change of venue motion on the grounds that his client cannot get a fair trial in Ely.

  Even if change of venue motions are rarely granted, all the las Vegas attorney has to ask is that everyone who received a package from Shannan Breitrick to please raise their hands. It would not be a stretch of the imagination that the only one in the courtroom with his hands down would be Ghibaudo.

“I think it is pretty obvious that emotions are running high in Ely,” said Ghibaudo, this summer. “The press coverage alone is inflammatory and Ely is a small rural community. I think it would be very difficult to find a jury who have not heard about this case or formed an opinion.”

The story has drawn immense attention from Ely and the rest of White Pine County. Since the story first broke in July it has generated about 100,000 page views on the High Desert Advocate website alone.

“The story is being intensely followed not only from Ely but all parts of White Pine, Elko and Eureka counties, as well as the rest of Nevada and rural Utah,” said High Desert Advocate publisher Howard Copelan.

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Long Canyon Mine Kicks Into High Gear

Posted on 24 September 2015 by Howard Copelan


Newmont is going full steam ahead in the construction of the Long Canyon Mine but so far the influx of mine workers has been a trickle in Wendover and Wells.

“There is really no reason to be concerned,” said Senior External Relations Representative Pamela Smith. “We told local officials this project would be completed in stages we informed potential workers just when the jobs we advertised for would start. Everything is going to plan.”

Long Canyon  mine site

Long Canyon mine site

In fact things are are actually better than two months ago when the price of gold got dangerously close to the $1,000 an ounce mark a five year low.

Since then gold has rebounded to well over $1,100 an ounce mark and is expected to go higher perhaps much higher in the next few years.

New Homecoming Schedule from Thursday3Two weeks after the temporary dip, the company issued a new call for workers, truckers, at Long Canyon and the company also announced a quarterly dividend of $0.025 per share of common stock, payable on September 24 to shareholders of record at the close of business on September 10.

The company says the average London Bullion Market Association p.m. gold price during the second quarter fell below the company’s gold-price-linked dividend policy threshold of $1,200 per ounce. Still, the board authorized the company to maintain the dividend for the third quarter based on “strong year-to-date operating and financial performance,” Newmont says in its announcement. The company is the first major North American gold producer scheduled to report second-quarter earnings, with the report due out sometime after the market closes this week.

Estimated to need 500 workers during construction and 250 miners once operations are ready, the Long Canyon mine could add at least 1,000 people to the area and that may be just the tip of a gold boom in eastern Elko County.

“We think this could have as much potential as the Carlin Trend,” Geologist Moira Smith said four years previous. “It is truly remarkable.”

Advocate fall Charley adIn addition to having ‘smoking hot’ ore, the area is a stones throw from Interstate 80, has no endangered species living anywhere near it and does not have any significant archaeological sites located on it. Despite the contention of the Goshutes, ancient Native Americans also apparently ignored Long Canyon.

This August a federal judge ruled against the Goshutes motion for a temporary order to stop work on the mine suggesting that the tribes request to halt construction altogether will also be denied.

“The Wells Band of the Western Shoshone believes we can have preservation and economic development at the same time,” said Gracie Begay tribal chairwoman. “We have been meeting with the BLM, Newmont and the Ibapah Goshutes for months now. We had no idea that they would do this now.”

While there have been finds of ancient hearths, tools and poetry shards there have been no discoveries of petroglyphs, permanent or even semi-permanent hunting or agricultural sites in the area.

rmbf1507The mine has the potential to radically alter the economy and the lives of eastern Nevada, residents of Wendover and Wells. The two cities who once looked with jealously at the boom in Elko and Carlin could soon have a mine to call their own.

Long Canyon Mine project cleared its final hurdle to begin construction with Bureau of Land Management issuing its Record of Decision this April. The decision allows the mining operator to construct and operate a new heap leach gold mine that would consist of one open pit, one heap leach pad, a waste rock storage facility, a tailings storage facility, a natural gas pipeline from the existing Ruby Pipeline, on-site power generation plant and other ancillary facilities.  The associated disturbance would be approximately 1, 707 acres of public land, including 480 acres of split estate lands of federal surface and private subsurface.

zapterAccording to a Newmont press release the first phase of development consists of an open pit mine and heap leach operation with expected gold production of between 100,000 and 150,000 ounces per year over an eight year mine life at an estimated all-in sustaining cost of between $500 and $600 per ounce. At current gold prices, the project is expected to generate around $100 million  annually, beginning in 2017.


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Boys Soccer Undefeated, Sarah Isaacs Wins 3rd Tournament

Posted on 24 September 2015 by Howard Copelan

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Boys soccer remains undefeated knocking off the two best teams in their division Friday and Saturday.  Beating incline 1-0 and north Tahoe 3-0.  They will try to continue their winning ways playing battle mountain for homecoming on Friday over at the recreation soccer field at 6:00 pm.

1Girls soccer lost both of their games this past weekend.  The games were competitive but just come up short.  They take the field Friday against Battle Mountain for homecoming at 4:00 pm and play Lovelock again Saturday at 12:00 pm on the football field.

New Homecoming Schedule from Thursday3Volleyball played 4 games this week.  JV went 2-1 as silver stage did not have a JV team.  Varsity is playing really well going 3-1 this week.  Both teams beat the Wendover Utah wildcats and Jackpot in straight sets.  The JV and varsity played well against Lovelock but came up short.  Varsity won an all important game Saturday against Silver Sage to keep them in the playoff hunt.  They play their homecoming games against incline Friday at 4 and 5 pm and North Tahoe saturday at 11 am and 12 pm.

Football traveled to Altamont.  They played them tough through 3 quarters only being down 13-7.  They had trouble with penalties and missed assignments in the 4th quarter.  They lost 30-7.  JV played spring creek freshmen and came up short 38-0.  Each team will still try to get their first win of the season this week.  As jv takes on wells at 4 pm Thursday and varsity takes on silver stage at 7 pm for homecoming.

Cross country took on the magic mountain beast and tamed it.  Each runner ran hard and did well.

Girls golfer Sarah Isaacs took 1st again, Sara Vera took 7th.  The team placed 2nd overall.

Mock up Goshute P. Notice 1a (1)

Mock up Goshute P. Notice 2a (1)

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WWHS Home Coming 2015

Posted on 24 September 2015 by Howard Copelan



photos Betty Ghiggia

Powder Puff




JV Game



Tug Of War Mud Pit


Home coming fun was the traditional tug-o-mud between classes. photos Lou Copelan


Tug Of War Mud Pit


New Homecoming Schedule from Thursday3







Mock up Goshute P. Notice 1a (1)

Mock up Goshute P. Notice 2a (1)

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WREC Kicks Off WWHS Home Coming

Posted on 24 September 2015 by Howard Copelan


In what has become a local tradition the Wells Rural Electric Co-op kicked off home coming week with a free barbecue for Wendover. About 1,000 attended the event .  photos Veronica Hanson


New Homecoming Schedule from Thursday3

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Posted on 22 September 2015 by Howard Copelan

Homecoming Schedule fromTuesday- 2015-1



Posted on 21 September 2015 by Howard Copelan

Mock up Goshute P. Notice 2a (1)IN THE TRIBAL COURT OF THE CONFEDERATED TRIBES OF THE GOSHUTE INDIAN RESERVATION NEVADA AND UTAH GOSHUTE HOUSING ) AUTHORITY ) Case No. CIV-15-714-200 PLAINTIFF, ) ) -V- ) ) COMPLAINT ) LEO PETE ) DEFENDANT. ) ) COMES NOW the Plaintiff Goshute Housing Authority, by and through its undersigned attorneys, Wagenlander & Heisterkamp, LLC, and states the following for its Complaint against Defendant Leo Pete: FACTS 1. Plaintiff Goshute Housing Authority (hereinafter “Plaintiff Housing”) is a tribal governmental agency established by the Goshute Tribal Council of the Goshute Tribe. 2. Plaintiff Housing currently has a Homelessness Prevention and Assistance Policy that is available to enrolled members of the Goshute Tribe. 3. Defendant Pete submitted a written request to Plaintiff Housing requesting financial assistance to pay for a rent deposit, rent and utility deposit costs for an apartment in Wendover, Nevada. A true and correct copy of Pete’s written request is attached as Exhibit A. 4. Pursuant to their Homelessness Prevention and Assistance Policy, Plaintiff Housing approved Defendant Pete’s request and approved financial assistance in the form of a loan for a total amount of $995.00 for the first month’s rent and rental deposit and $200.00 for the utility deposit. The total amount approved for Defendant Pete was $1195.00, as he requested. 5. On July 16, 2014, Defendant Pete signed a payback agreement in which he agreed to pay Plaintiff Housing $100.00 each pay period until the entire $995.00 was paid back to Plaintiff Housing. A true and correct copy of the Rental Deposit Payback Agreement is attached as Exhibit B. 6. Also on July 16, 2014, Defendant Pete signed a second payback agreement in which he agreed to pay Plaintiff Housing $100.00 each pay period until the entire $200.00 was paid back to Plaintiff Housing. A true and correct copy of the Utility Deposit Payback Agreement is attached as Exhibit C. 7. Despite numerous written requests from Plaintiff Housing, Defendant Pete has failed to make a single payment toward his debt to Plaintiff Housing. A true and correct copy of letters sent to Defendant Pete are attached as follows: September 29, 2014/Exhibit D; October 15, 2014/Exhibit E; January 13, 2015/Exhibit F; May 1, 2015/Exhibit G. 8. As of the date of this Complaint, the current outstanding balance due to Plaintiff Housing is the entire amount owed, $1,195.00. CLAIMS BREACH OF CONTRACT BY FAILURE TO PAY 9. Plaintiff Housing realleges and incorporates by reference each and every allegation contained in paragraphs 1 through 8. 10. Plaintiff Housing has performed all conditions, covenants, and promises required by Plaintiff to be performed in accordance with the terms and conditions of their payback agreements. 11. As of the date of this Complaint, Defendant Pete has breached the Payback Agreements by failing to perform his promise to make the required monthly payback payments to Plaintiff Housing. 12. Plaintiff Housing has suffered damages as a result of Defendant Pete’s breach of their Payback Agreements. UNJUST ENRICHMENT 13. Plaintiff Housing realleges and incorporates by reference each and every allegation contained in paragraphs 1 through 12. 14. Plaintiff Housing provided Defendant Pete with financial assistance so that he could rent an apartment, including rent costs, rental deposit costs and utility deposit costs. 15. Defendant Pete benefited from receiving financial assistance from Plaintiff Housing. 16. Plaintiff Housing have suffered damages and Defendant Pete has been unjustly enriched as a result of receiving financial assistance from Plaintiff Housing and not paying it back. WHEREFORE, Plaintiff Goshute Housing Authority respectfully requests that this Court enter an Order in favor of Plaintiff for: 1. Damages in an amount of $1,195.00; and 2. Costs of the suit incurred herein; and 3. Reasonable attorney’s fees; and 4. Such other relief to Plaintiff as the Court may deem just and proper. DATED this 14th day of July, 2015. WAGENLANDER & HEISTERKAMP, LLC By: ____s/Sylvia Wirba_________ Sylvia Curley Wirba David Heisterkamp II 1700 Broadway, Suite 1202 Denver, CO 80290-1201 (303) 832-6511 FAX (303) 830-2246 Attorneys for Plaintiff: Goshute Housing Authority P.O. Box 6035 713 Tempi POI Rd. Ibapah, UT 84034 4



Posted on 21 September 2015 by Howard Copelan

Mock up Goshute P. Notice 1a (1)IN THE TRIBAL COURT OF THE CONFEDERATED TRIBES OF THE GOSHUTE INDIAN RESERVATION NEVADA AND UTAH GOSHUTE HOUSING ) Case No. CIV-15-714-200 AUTHORITY ) PLAINTIFF, ) ) -V- ) SUMMONS ) ) LEO PETE ) DEFENDANT. ) ) TO; Leo Pete P.O. Box 3221 Pueblo Apartments, Unit 1860D West Wendover, NV 89883 You are hereby Summoned and required to answer to the Complaint of the above named Plaintiff, a copy of which is hereto annexed and herewith served upon you, within twenty (20) days from the date of this service, to the above named Court in Ibapah, Utah, with a copy which is to be delivered by the Court to the Plaintiff. If you have been served outside the state you are required to answer the Complaint within thirty (30) days from the date of this service. You are further notified that if you fail to answer said Complaint as required above, the Court shall enter Judgment in favor of the Plaintiff for the relief requested in the Complaint. Issued: s/Bertie Kee Lopez Goshute Tribal Court

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WWHS Sarah Isaacs Scores Incredible Hole In One at Elko Golf Meet

Posted on 17 September 2015 by Howard Copelan


by Lou Copelan

Wendover Girl’s Golf phenom Sarah Isaacs, at her worst was still awesome Tuesday.

She took fourth place in Elko and not so incidentally scored a hole in one.

Sarah made her incredible feat at this Tuesday’s gold tournament in Elko on a par 3.  Though records are badly kept, this marked the first hole in one in tournament conditions hit by a Nevada high school golfer in over twenty years.  In non-tournament conditions, Golf Digest and the National Hole In One Association estimate that a tee shot hit by an amateur golfer on a par-3 goes into the hole one out of every 12,750 times.

wwRally2015Coming off back to back first place finishes, Sarah’s game was considered a little off before she scored her ace Tuesday.”It’s been a delight having Sarah on the golf team the last two years and a great athlete, a pleasure to be around,” Said coach Jennifer Lopez, “Motivational to her teammates, helping them throughout the season with their swings and focus. Out of my coaching years of golf I have never thought to have experience something like this happen to our school and team. I can’t wait to see how Sarah and the other girls improve this year and next year, because of the young team we have with no seniors. Thank you to Toana Vista Golf Course for all the help they have provided us, along with the parents, staff, and community. After five years, this is the largest girl’s golf team this school has had and I am proud to have more girls join. We hope to have new golfers coming up these next few years to continue helping drive our girl’s golf team and expand into our high school with a JV and Varsity team.”

Advocate fall Charley adSarah’s father, who in his 45 years of playing golf never scored a hole in one, was astonished,  “The 12th hole at Ruby View golf course in Elko, Nevada is an uphill, 119 yard par three measured from the tee used in the Northern Nevada Girls High School golf match. Sarah has always liked par three holes. She especially likes par three’s with a pitching wedge in her hand. The tee shot was high and straight at the flag-stick. One bounce, two bounces and the ball disappears. The girls looked at each other. ‘Did that go in’ someone whispered. The girls made their way up the hill. As her two competitors prepared to hit their short chip shots Sarah could contain herself no longer. She raced to the green and stopped, looking around for her ball. Slowly she walked to the hole and looked down. There, at the bottom of the hole, sat Sarah’s signature pink Wilson Hope golf ball. Sarah Isaacs had made a hole-in-one!”

centra“After my years of playing golf, having this experience happen to me was really special,” says Sarah Isaacs, “One of a hundred chances, mostly done by luck and it was luck that happened. Watching that ball take off into the air and landing close to the hole before it went in, it was just a big moment. On Hole 12 of Ruby View Golf Course, a par three, the two other girls and I go to red tees. After they finished hitting, it was my turn. I line up my ball, aiming toward the hole, my feet steady and my mind in focus. Lifting that club up before hitting the golf ball high into the air, I felt my excitement build up, but as soon as it fell right in front of the flag, none of us were unable to see it. A hill was in front of us so it was difficult to know, but when we went up to the green none of us saw my ball anywhere close to it. Until I saw small dents on the ground leading up to the hole, the first thing crossed my mind was, “oh my gosh.” Excited as I was, I checked the hole to find it in there. A great moment in my life, seeing my first hole in one, having witnesses and my dad see it all. As soon as I finished the tournament and told the coaches, they were ecstatic and supportive, the other girls also. It didn’t take long until my family and friends all heard what had just happened, they all were enthusiastic and happy as I was. I thank my Coach JLo (Jennifer Lopez) for having me and reminding me to focus on my basics along with my teammates that have made this game a lot more fun. Being around them has taught me that golf could also be a team sport when we do our best to get the lowest score and placed in the top scores. Everyone at Toana Vista has always been supportive of me and helped me throughout my years of golfing, Mike Propp has been a big help with teaching me new things most of the time I’m up there. Both he and Matt Nadeau has helped the girls and me in golf, along with letting us practice up there all the time. Thanks to everyone that has supported me and I can’t wait to play out in the greens.”

zapterThe team scored second place at this tournament and plays next Thursday in Battle Mountain.

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Ely Insurance Lady Cat Fight Opens Up Fraud Allegations

Posted on 17 September 2015 by Howard Copelan

Nevada Insurance Commissioner Scott Kipper and Betsy Lopez

Nevada Insurance Commissioner Scott Kipper and Betsy Lopez

A minor misdemeanor battery case could have much greater implications than the $100 fine assessed on a Las Vegas Insurance Broker earlier this August in Ely.

Cynthia Throm

Cynthia Throm

Ely Municipal Judge Michael Kalleras found Cynthia Throm guilty in the misdemeanor assault on Betsy Lopez of Ely. According to the trial transcripts the incident took place in early June during an insurance information meeting of White Pine county employees at the local library.

Throm Trans1-p0001 – p0102

Throm Trans 2-p0001 – p0104

Kalleras fined Throm $100 for the battery and also charged her for court fees.

But while the fine is little more than a judicial slap on the wrist it may just be a first finding in what could be a very expensive legal fight for Throm.

wwRally2015According to testimony and evidence Throm grabbed Lopez and shook her forcibly enough to leave large bruises on the diminutive Lopez’s arm pits.

While the assault was not usual for an insurance meeting the reasons behind the battery were even more disconcerting.

According to Lopez; Throm and two other woman were livid with her for what they believed was Lopez’s telling on them to authorities for various irregularities.

centraIn an interview with the Advocate Lopez also said that she had been paying Throm a ‘kickback’ for insurance policies she wrote until she learned that the practice may have been illegal.

Lopez also said she would continue to pursue the matter civilly now that Throm was found guilty criminally and that she also make a formal complaint to the Nevada Ethics Commission.

Throm’s firm handles most of the insurance for White Pine County employees. Since the battery Lopez reportedly has seen a significant decline in business. That decline may end in the near future.


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