2

3
4
S
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
2S
26
27
28
we>
wutaaPiU.ax:a1
'Obllll:lO
_NY"'"
"'" ... ""
, __ .-.. ' .... __ ____ __ -.- .... ".._ ... __ .-. ____ ._._ , __ " ___ <0-- ,_ _
Case No. II TR 26800 21
Dept. No.3
FILED
RENO MUNICIPAL COURT
DEPT. NO.3
FEB 282012

DOROTHY NASH HOLMES, JUDGE
IN THE MUNICIPAL COURT OF THE CITY OF RENO
COUNTY OF WASHOE STATE OF NEVADA
CITY OF RENO,
Plaintiff,
vs.
ZACHARY BARKER COUGHLIN,
Defendant.

ORDER FINDING THE DEFENDANT
IN CONTEMPT OF COURT AND
A trial was held in Reno Municipal Court on Febrwuy 27, 2012 on a traffic citation
issued to the defendant, ZACHARY BARKER COUGHLIN. He was initially charged with
three offenses alleged to have occulTed on November 15, 20 I I in the City of Reno. At the
onset of the trial it was detennined that Failure to Provide Evidence of Security or Insurance
(a violation of RMC 6.06.555(a) WId Failure to Provide Vehicle Registration (a violation of
RMC 6.06.560(a) were both dismissed at arraignment after the defendant establislied that he
had complied with both code sections but simply had not carried the documentation with him
in the vehicle on that day.' The remaining charge, a Right of Way Stop Sign violation at WI
intersection, known as a "Boulevard Stop" (rolling through a Stop Sign WId not stopping
completely), 8 violation of RMC 6.06.170(a), was the subject of the trial.
The City of Reno was represented by Deputy City Attorney Alison Ormaas. The
I During trial. tlIc: officer also testified that he could hove cited the dcfendnnt wilb failure 10 cany his Ncvuda Driver's J..icense
In his possession but gave him a brenk by no1 citing rum for Ihnt. os well.
01810
1769
_ 'T' ,,_ ...... _ .' __ T ~ ~ . T _ ' . __ '" __ .. ______ . ' .......... --'-" ... __ .. -. ---.----- -.---..... -.-. - - . ~ - - ....... _-_ __ _.-
defendant, a licensed attorney, represented himself. Reno Police Sergeant John Toner was the
2
sole witness. The court had the defendant sworn at the beginning of the trial, stating that the
3
court has found that most self-represented defendants tend to testilY a great deal as they cross-
4
5
examine opposing witnesses, so the defendant would be under oath from the start, too. No
6
exhibits were marked or admitted.
7
The matter was called at approximately 3 :00 p.m. and concluded without a verdict about
8 4:30 p.m. after the court held the defendant in criminal contempt of court for his behavior and
9
activities committed in the direct presence oflhis court dwing the trial.
10
The court finds that defendant's contemptuous conduct consisted of his rude, sarcastic,
II
12
inappropriate, insubordinate, disrespectful, antagonistic, deceitful, disruptive, argumentlltive
13
and childish behavior during trial, all of which appeared to be done to vex and annoy the
14
court, the witness, and the opposing party, and to disrupt the trial process. The court finds
15
that the following occurred, and constitute contempt: I) defendant's mime-like, clownish
16
antics of making faces at the court; sagging down into his seat and banging his head; looking
17
behind himself and inside his coat as if searching for a better way to ask a question; rolling
18
19
his eyes; and mimicking others words; 2) defendant's incessant arguing with the court,
20
talking over the court, and interrupting !be court; 3) defendant's repeatedly restating matters
21 after being told by the court to "move on" or "ask the next question;" 4) defendant's
22
repeatedly injecting allegations of bribery, pedury, and police reta1iation into the matter after
23
the court instructed him not to, and directed him to limit himself to issues pertaining to the
24
25
facts of the "Boulevard Stop;" 5) defendant's repeatedly trying to insert "Richard Hill" into
26
his questions and statements when such person was not relevant to the proceedings and the
27
defendant had been ordered to stop discussing that; 6) defendant's disregarding the rules of
28
.....
evidence and court procedure by continually posing improper questions after being directed
.......... ""'"
.0..,.,.:0
"-"" ....
""'".,..
2
01811
1770
by the court to properly phrase his questions; 7) defendant's continually accusing the court
2
of denying him the right or ability to ask questions and telling the court to "give me a list of
3
questions you want me to ask;" 8) defendant's suggesting that the court "tell me what
4
5
would make you happy;" 9) defendant's lying to the court in response to direct questions
6
posed by the court with regard to his recording the proceedings; and 10) defendant's failing
7
and refusing to properly examine the witness, despite numerous admonitions by the court to
8 stop repeating questions, misstating answers, injecting irrelevant material, arguing with the
9
witness and mischaracterizing the testimony.
10
The court finds that the defendant's actions were intentional and done in utter disregard
II
12
and contempt for the court, and in the presence of the court, for purposes of disrupting and .
13
delaying the proceedings and dishonoring the rule oflaw and this court, and constilute the
14
misdemeanor of criminal contempt, a violation ofNRS 22.010. Good cause appearing
15
therefore, the following sanctions are imposed:
16
IT IS ORDERED, pursuant to NRS 22.100, that the defendanl be incarceraled at the
17
18
Washoe County Regional Detention Facility for the term of five (5) days, from the time he
19
was laken inlo custody on this court's order on Februwy 27,2012, and thai sentence shall not
20
be reduced for any reason. In the alternative, the defendanl rnay pay a fme of$500 10 the
21
Reno Municipal Court.
22
Dated this 28th day of Februwy, 2012.
23
24
25
~ ~ ~
Reno Municipal Judge
26
27
28
""" . . u . C C U I I
.0_111
_NV ....
""'"..".,
3
01812
1771
.... ~ .. ---.. ~ - "-'-' -- -.-- - ~ - . - .. --..
." _. _ ~ . __ <o. __ .---' _ . ~ ' .. _. __ _ ~ .. __ . -.-.-.--___ ~ ..... _ _.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
...... _eo..t
Dorothy Nah HoIma.
' .....
P.O. Oox 1800
....... NV .....
(17.) 334-3822
CERTIFICATE OF SERVICE
Pursuant to NRCP 5(b), I certify that I am an employee of the Reno Municipal
Court, Reno, Nevada, that I am over the age of 18 years and not a party to the above
action, and that on this date, served a true and correct copy of the attached document
to the following as set forth below:
Alii Bon OnnaaB
Deputy Ctty Attorney
PO Box 1900
Reno NV 89606
Zachery Barker Coughlin. Esq,
121 River Rock
Reno NV 89509
..J.laclng said document in a sealed envelope and placed for collecting and
mailing by Unites States mail in Reno, Nevada, postage prepaid following ordinary
business practices.
Washoe County Jail
Court Services
-.L Facsimile (FFAX)
Electronic Mail (E-mail)
Inner-officemail following ordinary business practices
Parsonal Delivery.
DATED: February 28,2012.
rtment Three
01813
1772