Suspect in Olive Garden brandishing gets 3 years
February 11, 2014
A 57-year-old Indian Hills man, accused of brandishing a gun at employees at a Carson City restaurant in July, was sentenced Monday to three years in prison for resisting a Douglas County deputy who arrested him at his home.
District Judge Michael Gibbons told David Paul Lane he must serve a minimum of 12 months before he is eligible for parole. But the judge told Lane that although he was presumed innocent in the Carson City case, he probably was facing a lengthy prison term.
He ordered Lane returned to Carson City where he faces trial on the July 21 incident at Olive Garden Restaurant.
There were no injuries, but Lane is accused of waving a gun and threatening employees at the business.
The Douglas County charge was a result of his arrest at his Indian Hills residence where he allegedly fled after the restaurant incident.
In exchange for his guilty plea, a misdemeanor plea of carrying a concealed weapon, a Glock 9mm pistol, was dismissed.
In Carson City, he faces four charges of assault with a deadly weapon and one of carrying a concealed weapon.
Lane allegedly threatened the restaurant manager and chef. Two employees testified at a preliminary hearing in Carson City that he pointed the semi-automatic pistol at them as well.
Lane was accused in Douglas County of assaulting the deputy who arrived at his home to make the arrest.
Witnesses said Lane showed up at Olive Garden demanding to see the manager. The manager said she met with him, and he didn't really say why he was upset. She said he refused to calm down and demanded to go into the kitchen.
She said that's when he pulled the gun and pointed it at her. The chef said he confronted Lane, and Lane responded by holding the weapon next to his head and pulling back the weapon's slide, cocking it, and asking if he wanted to die.
He was arrested shortly after leaving the restaurant after the manager gave his license plate number to deputies.
According to court documents, the handgun had 17 rounds in the magazine and one round in the chamber. The weapon has been forfeited.
Lane pleaded guilty to resisting a public officer with a firearm, the Douglas County charge, saying it was in "his best interest."
His attorney, Derrick Lopez, said his client was reaching for the gun in his waistband to give to the arresting officer. The deputy believed Lane was going to fire the weapon.
"The court assumes you'll be found guilty of something in Carson City, the evidence against you is pretty strong. Of course, you have the presumption of innocence. The court understands you took full responsibility in Douglas County. That hasn't happened yet in Carson City," Gibbons said.
Gibbons gave Lane credit for 204 days in custody. If Lane is convicted in Carson City, Gibbons said it would be up to that jurisdiction to decide whether his sentence is consecutive or concurrent to Douglas County.