Sentence depends on supervision
June 25, 2013
Senior Judge Charles McGee issued a temporary sentence Monday for a man accused of a weapons offense to see what kind of penalty he'll get in justice court for additional charges.
McGee told Scott Simpson, 44, he wants to make sure the defendant has supervision.
Simpson pleaded guilty to carrying a concealed weapon, but denied allegations that he threatened his wife in the incident that occurred in February in the couple's north valley home.
Simpson is to be sentenced for domestic battery and driving under the influence in connection with the incident. He now lives in Reno.
Prosecutor Tom Gregory said he agreed Simpson was doing well since his arrest, but felt he should get a nine-month suspended sentence with probation that includes no drugs or alcohol, search and seizure and testing, as well as a substance abuse evaluation.
"Any time you mix alcohol with weapons, bad things happen," Gregory said.
Simpson's attorney, Derrick Lopez, said his client showed initiative in completing a victims' impact panel, DUI prevention class. and signed up for domestic violence counseling before he was sentenced.
Simpson said the incident "completely turned my life upside down."
He said he lost his job, but was fortunate to find employment.
"I never drink any more," Simpson said, producing a log from daily attendance at Alcoholics Anonymous meetings.
Simpson said he took responsibility for the incident, and wanted to send his wife an apology.
Lopez said his client denied pointing a gun at the victim's head, as mentioned in the Douglas County sheriff's report. The defendant was accused of pointing the handgun, pulling the trigger, and saying, "bam,bam,bam," when the weapon failed to fire.
"It's not on the 911 tape," Lopez said. "You can hear him on the tape saying, 'blah,blah,blah.'"
Lopez said the argument began when Simpson arrived home drunk from work. He said victim smacked Simpson with a roll of paper towels she'd used to clean up after his dog which became upset because the couple was arguing.
McGee said he intended that Simpson remain under supervision, and he would reserve final judgment for after his sentencing in justice court on the lesser charges.