IN THE SUPREME COURT OF THE STATE OF NEVADA
`
`THE STATE OF NEVADA
`
`Petitioner,
`
`
`
`vs.
`
`
`
`Electronically Filed
`Jun 20 2024 04:21 PM
`Elizabeth A. Brown
`Clerk of Supreme Court
`
`THE FOURTH JUDICIAL DISTRICT COURT OF THE STATE OF
`NEVADA AND THE HONORABLE ALVIN R. KACIN, DISTRICT JUDGE,
`
`Respondents,
`
`
`
`ANDREW JAMES HACKENBERRY,
`
`Real Party in Interest.
`
`
`
`Docket No. 88715
`
`
`
`REAL PARTY IN INTEREST’S APPENDIX
`
`
`
`
`
`
`Diana J. Hillewaert, Esq.
`Nevada State Bar No. 8815
`Attorney for Real Party in Interest
`Hillewaert Law Firm, LLC
`575 5th Street
`Elko, NV 89801
`(775) 777-3000
`diana@hillewaertlawfirm.com
`
`
`
`
`
`
`
`
`
`Docket 88715 Document 2024-21511
`
`
`
`THE STATE OF NEVADA
`
`Petitioner,
`
`
`
`vs.
`
`
`
`Electronically Filed
`Jun 20 2024 04:21 PM
`Elizabeth A. Brown
`Clerk of Supreme Court
`
`THE FOURTH JUDICIAL DISTRICT COURT OF THE STATE OF
`NEVADA AND THE HONORABLE ALVIN R. KACIN, DISTRICT JUDGE,
`
`Respondents,
`
`
`
`ANDREW JAMES HACKENBERRY,
`
`Real Party in Interest.
`
`
`
`Docket No. 88715
`
`
`
`REAL PARTY IN INTEREST’S APPENDIX
`
`
`
`
`
`
`Diana J. Hillewaert, Esq.
`Nevada State Bar No. 8815
`Attorney for Real Party in Interest
`Hillewaert Law Firm, LLC
`575 5th Street
`Elko, NV 89801
`(775) 777-3000
`diana@hillewaertlawfirm.com
`
`
`
`
`
`
`
`
`
`Docket 88715 Document 2024-21511
`
`
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`
`
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`Alphabetical Index
`
`Description
`
`Pages
`
`Date
`
`Criminal Complaint
`
`RA 001 – RA 005
`
`07/06/2022
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`CERTIFICATE OF SERVICE
`
`I hereby certify that on the 20th day of June 2024, a copy of the foregoing
`
`REAL PARTY IN INTEREST’S APPENDIX was served on the following parties by
`
`e-mail and/or electronic filing through the Supreme Court’s e-filing system (eFlex):
`
`
`
`
`
`Elko County District Attorney
`Tyler J. Ingram, Esq.
`E-mail: tingram@elkocountynv.net
`Justin M. Barainca
`E-mail: jbarainca@elkocountynv.net
`
`Aaron Ford, Nevada Attorney General
`Office of Attorney General
`
`Honorable Albin R. Kacin
`Fourth Judicial District Court Judge
`E-mail: akacin@elkocountynv.net
`
`RESPECTFULLY SUBMITTED this 20th day of June 2024.
`
`Hillewaert Law Firm, LLC
`575 5th Street
`Elko, Nevada
`
`
`
`/s/ Diana J. Hillewaert
`Diana J. Hillewaert
`
`
`
`
`oOonomoOfFWwWHY=
`
`hmNMRORPOROROPRDRORDmewmmiikakakkaonDoakWwWDY|COOoDOANDODoOfF&WY|CO
`
`CASE NO. EL-JC-CR-F-22-3941
`
`FILE
`ELKO Ti:
`f
`
`JUS TI
`
`2022 JUL-6 PM 4:08
`
`CLERK
`
`iN! —
`
`IN THE ELKO JUSTICE COURT
`
`INAND FOR THE COUNTYOF ELKO, STATE OF NEVADA
`STATE OF NEVADA,
`
`Plaintiff,
`
`1. CRIMINAL COMPLAINT
`
`VS.
`
`
`2. UNSWORN DECLARATION IN
`
`ANDREW JAMES HOCKENBERRY,
`
`SUPPORT OF CRIMINAL
`
`Defendant.
`
`COMPLAINT
`
`COMES NOW, THE STATE OF NEVADA,thePlaintiff in the above-entitled cause, by
`and through its Counsel of Record, the Elko County District Attorney's Office, and based
`
`upon the Declaration Of Probable Cause and/or the narrative report and the Officer
`Declaration executed by the submitting officer in connection with said narrative report,
`complains and alleges that the Defendant above-named, on, about, or between the months
`
`of April through September, 2021, at or near the location of the City of Elko, within the
`County of Elko, and the State of Nevada, committed the following described criminal
`
`offense(s):
`
`COUNT 1
`
`SEXUAL ASSAULT ON A CHILD UNDER THE AGE OF 14 YEARS, A
`
`CATEGORYA FELONYAS DEFINED BY NRS 200.366. (NOC 50105)
`
`That the Defendantwillfully and unlawfully subjected another person, to-wit: JC,
`
`whois a child under the age of 14 years, to sexual penetration, or did cause the
`
`child to make a sexual penetration on himself or herself or another, or on a
`
`beast, to-wit: by inserting his penis into JC’s vagina and/or by any other manner
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`Page 1 of §
`
`RA 001
`
`RA 001
`
`
`
`—_
`
`2
`
`3
`
`or means as yet unknown.
`IN THE ALTERNATIVE TO COUNT1
`
`COUNT 2
`
`LEWDNESS WITH A CHILD UNDER 14 YEARS OF AGE, A CATEGORY A
`4
`FELONY AS DEFINED BY NRS 201.230. (NOC 50975)
`3
`That
`the Defendant did willfully, unlawfully, and lewdly commit a lewd or
`6
`lascivious act, other than acts constituting the crime of sexual assault, upon or
`7
`with the body, or any part or memberthereof, of a child under the age of 14
`8
`years, to-wit: JC, and that said Defendant committed said act with the intent of
`9
`arousing, appealing to, or gratifying the lust or passions or sexual desires of
`10
`either the Defendant or of said minor child in the following manner: by
`11
`penetrating JC’s vagina with his penis and/or by any other sexually gratify
`12
`contact.
`13
`All of which is contrary to the form of the statute in such cases made and provided,
`14
`15||and against the peace and dignity of the State of Nevada. Said Complainant, therefore,
`16||prays that the Defendant be dealt with accordingto law.
`17
`The Complainantfurther prays for the issuance of a Warrantof Arrest.
`18
`The undersigned hereby declares under penalty of perjury that
`the foregoing
`18||Complaintis true to the best of his/her knowledge,information, and belief.
`20
`Dated: July 6, 2022.
`24
`
`TYLER J. INGRAM
`ELKO COUNTY DISTRICT ATTORNEY
`
`La
`a
`Lo POCo
`* Justin M. Barainca
`Deputy District Attorney
`\_.“State Bar No.: 14163
`Estimation Of Time Needed
`The State estimates that 3 hours will be needed to conductthetrial/preliminary
`hearingin this matter.
`
`22
`23
`24
`25
`26
`27
`28
`
`Page 2 of 5
`
`RA 002
`
`RA 002
`
`
`
`Oooan@Oo&WDNH=
`
`nmhwhwWwWNHNNMNHNRNkeeokUOaowtODchhkWHNH|=©OOWOANODaof&WSNH=—OB
`
`UNSWORN DECLARATION IN
`
`SUPPORTOFCRIMINALCOMPLAINT'
`
`COMES NOW, Michael Marshowsky, who declaresthe following to the above-
`
`entitled Court:
`
`1.
`
`That your Declarant, who will present the remainderof this Declaration in the first
`
`person, is presently serving as a Detective for the Elko Police Department.
`
`2.
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`That on or about May 9, 2022, the Elko Police Department becameinvolved in
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`an investigation regarding a sexual assault, which occurred during the summer of 2021,
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`which occurred in the City of Elko, County of Elko, State of Nevada.
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`3.
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`During the course of the investigation, | was informed or became awareof the
`
`following information:
`
`a. That during the summer of 2021, was at the Defendant's residencein the City
`of Elko;
`
`b. That the Defendantin this matter, Andrew James Hockenberry, was residing
`in the City of Elko;
`
`c. That Andrew James Hockenberry sexually penetrated JC, by inserting his
`penis into her vagina and/or by any other act upon hervagina;
`
`d. That said sexual acts were performed uponthe victim when the victim was
`eleven years of age;
`
`e. That JC indicated that she believed that on the date of the assault, she drank
`
`1
`
`See NRS 53.045 which provides in pertinent part as follows:
`
`Any matter whose existence or truth may be established by an affidavit or other sworn
`declaration may be established with the same effect (emphasis added by the State) by an
`unswarn declaration of its existence or truth signed by the declarant under penalty of perjury,
`and dated, in substantially the following form:
`
`If executed in this state: “| declare under penalty of perjury that the foregaing is true and
`1.
`correct.”
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`Executed on
`
`{date}
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`(signature)
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`Page 3 of 5
`
`RA 003
`
`RA 003
`
`
`
`a drink made of orange juice and what she believed to be alcoho).
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`f. That JC’s brother was present with JC, and he also drank the drink believed to
`contain orange juice and alcohol.
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`4.
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`In executing this Declaration | declare, under the penalties of perjury, that|
`
`believe, upon information andbelief, the assertions of fact set forth in this Declaration,
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`to be true.
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`5.
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`Finally, based upon the information set forth above in this Declaration, | would
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`allege and averto the above-entitled Court that there is probable cause to believe that
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`Andrew James Hockenberry, on, about, or between the months of April through
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`September, 2021, committed the criminal offenses pleaded against him in the attached
`
`Criminal Complaint.
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`FURTHER YOUR DECLARANT SAYETH NOT.
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`Dated this 6th day of July, 2022.
`
`“4
`
`MICHAEL MARSHOWSKY
`Elko Police Department
`
`d
`
`Page 4 of 5
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`RA 004
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`RA 004
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`
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`onwsMDow&WwWNH=
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`ahek=oO
`
`12
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`The Issue Of Obtaining The Discovery
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`Available In This Matter
`
`To: The Defendant’s Counsel or The Defendant Representing HimselffHerself
`The Elko County District Attorney's Office has an open file discovery policy. This
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`means you will be provided with a complete copyof all reports, photos and compact discs
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`received by the DA's Office from the submitting Officer and agency in connection with this
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`case. Private Counsel and/or Defendants appearing without Counsel will be charged a
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`reasonable copying and duplication fee. [f this is a misdemeanor case the State believes and
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`avers that by providing a copy of the discovery containing the names and addresses of the
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`witnesses the State maycall in its case-in-chief, the State is fulfilling its discovery obligations
`
`pursuant to NRS 174.234.(1}{b)(2)} which provides that:
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`file and serve upon the
`(2) The prosecuting attorney shall
`defendant a written notice containing the name and last known
`address or place of employment of any witness the prosecuting
`attorney intends to call during the case in chief of the State whose
`name and last known address or place of employment have not
`otherwise been provided to the defendant pursuant
`to NRS
`171.1965 or 174.235.
`
`Extradition Scope:All 50 States
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`DA #F-22-01386/ REPORT#: 22-0866/ OFFICER MARSHOWSKY/ AGENCY: CARLIN
`
`POLICE DEPARTMENT
`
`Page 5o0f5
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`RA 005
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`RA 005
`
`
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