Probation, jail in battery
May 1, 2014
A 27-year-old man accused of hiding from deputies trying to arrest him, and battery causing substantial bodily harm, was granted probation Tuesday and warned he had one chance or faced five years in prison.
District Judge Tod Young sentenced Miguel Rubio to five years in prison, suspended, and ordered him to serve one year in Douglas County Jail as part of his probation.
Rubio was arrested in connection with the beating and robbery of a 40-year-old man on Genoa Lane on May 25, 2013.
His codefendant, Waylon Dondero, was sentenced in October to 15 years in prison.
Rubio's attorney, Richard Davies, said his client was not as culpable as Dondero in the incident, but admitted his guilt.
Davies said he spent time with prosecutor Tom Gregory crafting a plea agreement for Rubio who originally pleaded not guilty to the offense and was set for trial.
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"A group of people were walking down the road, and individuals made sexual overtures to Miguel and he did not appreciate it. He punched (the victim) in the face. It was immature and drug-induced, but not justified in any stretch of the imagination. It was a knee-jerk response," Davies said.
Davies said Dondero went a step further, beating the victim, rolling him into a ditch and stealing $78 from his pocket.
Had Rubio not broken the victim's teeth, the crime could have been misdemeanor battery, Davies said.
Rubio hid from deputies when they came to arrest him at his parents.
Davies said Rubio had been a model prisoner in Douglas County Jail, working his way up to trusty status.
He said Rubio was a different person when he was clean and sober.
"This is a violent man," Young said. "He won't stay off drugs."
In sentencing Rubio to probation, Young said prison failed to change him.
"You have a history of being a violent person. You are no credit to the community, and you didn't do anything to be granted probation," Young said.
He told Rubio if he violates any probation, he faces five years in prison after he serves 364 days in Douglas County Jail. He gave Rubio credit for 284 days in custody.
"I am sorry for what I did," Rubio said. "I am a different person when I am not using."
Young ordered Rubio to complete Western Nevada Regional Drug Court.
And Rubio has to enroll in a program for at least one year after his release from jail "relative to minimizing your violence," Young said.
He must abstain from alcohol, controlled substances and other intoxicants, earn his high school equivalency.
"This is your last chance to turn yourself around," Young said. "I won't hesitate to sentence you to the maximum."
He said if Rubio has a single violation, he is to be brought to court immediately, Young said.