Statutory seduction case earns Lyon man probation
June 27, 2014
After hearing statements from the defendant and victim Monday, district court judge Michael Gibbons sentenced a Mound House man, who admitted one count of statutory sexual seduction, to probation and "two and a half pages of restrictions."
Gabriel Miles, 29, was arrested for having sex with a 14-year-old girl twice in a home he shared with the girl's family in the Gardnerville Ranchos.
The victim's mother gave a statement to the court.
"I can't imagine this would go on, and someone walk away on probation," she said. "My daughter is closed off — it has affected her school, her friends and she can't be around her father because she doesn't want to explain what happened."
Gibbons said that often probation in a case like this is a higher and longer lasting punishment than a prison sentence.
"He's not the one being punished," Prosecutor Erik Levin said, "She is the one who is going to be punished every minute of every day of every year that she has to think about this."
Levin and the victim's mother asked for a prison sentence of 36 months.
"We can't have open season on the young people of this community," he said.
If Miles had been sentenced to prison, he could have served his time and then lived the rest of his life as a registered ex-felon, Gibbons said.
"The control on someone is greater with more restriction (with probation)," he said.
Counselors and psychologists evaluated Miles and labeled him as "low-risk to reoffend."
"Low-risk does not mean no-risk, but it does qualify him for probation," Gibbons said.
In addition to the mandatory terms of probation for a sex offender, the court ordered that Miles receive his GED, complete 100 hours of community service within one year and serve 30 days in the Douglas County jail.
The court received character letters from Miles's family and ex-wife who claimed that Miles was a "good father" and that they were "shocked" he would do something like this.
Gibbons said that a positive character letter from an ex-wife was odd, especially since he was also charged with disorderly conduct against her after they had been in an argument before their divorce.
"She said that she let's her son who is Mr. Miles's stepson go on custody exchanges with him because he is such a good father," Gibbons said.
Gibbons allowed Miles to turn and face the victim and her family in the audience to apologize.
"You guys, I want to sincerely apologize for what I did," he said. "I betrayed you guys."
Gibbons advised the victim and her family to seek counseling citing that most of the women who came to district court on criminal charges had been victims of sexual abuse as minors.
"This was 100 percent the fault of Mr. Miles," Gibbons said to the victim. "It was zero percent your fault."