Daniel Patrick Spencer, age 32, was ordered to serve 364 days in jail after pleading no contest to conspiracy to commit fraudulent use of a credit card or debit card, a gross misdemeanor. 

Spencer was originally arrested on Dec. 25, 2019 in McDermitt under the name Levi Parsons, on felony theft of credit card/identity theft with a $110,640 bail. 

In a January court hearing, Spencer pleaded not guilty to both felony charges. 

On Feb. 11, Spencer pleaded no contest to the amended gross misdemeanor charge, with a recommendation in the plea agreement that he serve the maximum 364 day sentence. 

Spencer admitted to conspiring to possess a credit card without the cardholders consent at the Mini Mart in McDermitt and attempted to use the card, where it was declined. 

Spencer said he was on his way from Oregon to Las Vegas when he stopped in McDermitt and possessed a friend’s debit card. 

“The total loss to the convenience store was a Hostess cupcake or something they gifted him after the credit card was declined,” said Humboldt County Public Defender Matt Stermitz. “He wants to do his time and move on to where his girlfriend lives.” 

Spencer said he left Portland to start a new life where he could get away from being a gang member.

“I will walk out of here no matter what with a smile on my face and I will leave this behind,” said Spencer. “Everything happens for a reason, I consider Winnemucca a blessing and I thank the officers that day because they had to take me to the hospital due to an intoxication level that could have killed me.” 

Sixth Judicial District Court Judge Michael Montero sentenced Spencer to serve 364 days in prison for 50 days credit for time served. Spencer was ordered to pay a $25 administrative assessment fee and $153 DNA collection and analysis fee.