SUBLETTE COUNTY – In an already complex case that led a California woman and a Pinedale doctor to seek temporary restraining orders against each other while her son remains in jail, charged with attacking the doctor – his husband – the doctor is accusing the mother of felony marijuana delivery.
Gloria T. DeNava, of Idyllwild, Calif., came to Pinedale and found a job shortly after her son, Nicolas A. Leyva, of Daniel, was arrested after an Aug. 31 domestic dispute and charged with alleged felony strangulation, felony assault and battery, property destruction and attempted third-degree murder of his husband, Dr. Stephen “Buck” Wallace, also of Daniel.
Leyva allegedly assaulted Wallace that evening in their home while the two talked about their pending divorce; Wallace has since filed to divorce Leyva.
Wallace drove to a neighbor’s home, collapsed and was life-flighted to Idaho Falls for a damaged trachea and other injuries, records show.
Wallace is the head of emergency medicine for Sublette County’s medical clinics. Leyva was employed at Wells-Fargo in Pinedale. Leyva’s bond is set at $500,000 cash only and he has remained in custody since his arrest.
His criminal charges, to which Leyva pleaded not guilty in 9th District Court by reason of mental illness, are pending while he awaits a court-ordered mental-health evaluation the judge requested two months ago. He is represented by Teton County attorney Alex Freeburg.
In Leyva’s preliminary hearing, Detective Travis Lanning testified that in a search he found prescriptions written to Wallace including “a powerful antipsychotic” Seroquel that Wallace said Leyva was taking instead of Wallace.
County officials say this Dec. 22 drug charge against DeNava has nothing to do with her son’s charges but a look at court records and affidavits show they are are interwoven.
‘Delivery’ charge
DeNava is charged with shipping at least one package of alleged illegal marijuana/THC products to Leyva that arrived at the couple’s Daniel home on Aug. 29, according to Sublette County drug detective Toby Terrill’s Dec. 22 affidavit. She was arrested that day, charged and released on a $5,000 surety bond.
Her initial appearance in Sublette County Circuit Court on Tuesday, Dec. 27, was before Magistrate Judge Chris Leigh, who appeared via videoconference due to Judge Curt Haws’ travel plans.
Her preliminary hearing will be Jan. 6 at 10 a.m., where a judge will determine if there is enough evidence to bind the felony charge over to 9th District Court.
Sublette County Deputy Attorney Adrian Kowalski filed the charge, citing Lanning’s report to SCSO drug detective Toby Terrill that DeNava sent marijuana to Leyva.
DeNava asked about making a plea and her right to a trial.
“We’re not at that point right now to set a trial,” Leigh told her, adding she might be tried in 9th District Court before Judge Marv Tyler, who is presiding over Leyva’s felony case and Wallace’s divorce, records show.
Leigh doesn’t “have the jurisdiction to accept a plea” on a felony charge, he said.
“I’m being treated as if I’m guilty already,” DeNava said. “I wanted to ask if my visitation and communication with my son can be given back. We’re all that each other has in this state.”
The magistrate said she cannot communicate with Leyva because he is “an alleged material witness” to the felony charge against her.
He advised DeNava to fill out a financial statement to qualify for a public defender to represent her. He maintained the bond and release conditions set by Judge Haws.
DeNava asked why her bond could not be reduced, after watching a probation revocation hearing for a man in custody.
“I’m not very confident with the judicial system in this town. A repeat offender got a $3,000 surety bond and I had to bond out at $5,000. … No disrespect to you.”
Magistrate Leigh said, “I’m acknowledging what you’re saying. I’m just saying this was set by a different judge” and one term is that DeNava cannot communicate with her imprisoned son unless attorneys reach an agreement.
Later that day, he appointed public defender Rachel Weksler to represent DeNava.
Background
The affidavit filed with DeNava’s charge says Wallace told Lanning, who later told Terrill, that DeNava shipped packages of marijuana/THC products through the U.S. Post Office.
On Sept. 1 after the alleged assault, Lanning searched their home at 12 Rendezvous Drive in Daniel and found “suspect marijuana and paraphernalia,” the affidavit says. That was when he also found the Seroquel that Leyva was reportedly taking, according to his testimony.
Four days later, “Detective Lanning was called back to the house by Wallace,” who reported he found glass jars with plant marijuana, rolled cigarettes and marijuana edibles, Terrill wrote. Lanning collected the jars from Wallace and took photos of “gummies” that Terrill was shown, the affidavit says. The plant material testified positive for THC, Terrill says.
Terrill said Lanning reported he also searched Leyva’s phone “and observed text messages” between Leyva and DeNava “reference the use and acquisition of illicit substances (THC).”
The text messages appear to refer to “edibles” and “joints” DeNava allegedly sent to Leyva and his receipt of them in affectionate conversations.
DeNava proclaimed after her son’s arrest that Wallace “poisoned” him by encouraging Leyva to take Wallace’s prescribed antipsychotic, which Wallace admitted in a protection-order court hearing he gave it to Leyva. Wallace also told Lanning shortly after he was hospitalized that he wasn’t sure if Leyva had taken Seroquel or not that night of the alleged assault.
At Leyva’s preliminary hearing, Judge Haws determined there was enough evidence to bind the charges over to 9th District Court and Judge Tyler for prosecution.
It is not clear if Magistrate Leigh or Judge Haws will preside over DeNava’s preliminary hearing. If found guilty of the felony delivery, DeNava faces a maximum penalty of 10 years in prison and a $10,000 fine.