Woman sentenced to jail for DUI, battery
February 17, 2012
A 51-year-old Gardnerville woman was ordered Wednesday to serve 20 days in Douglas County Jail after she was sentenced for battery and driving under the influence.
East Fork Judge Tom Perkins sentenced Wendy Smith to 150 days in jail with 130 days suspended for two years from an Aug. 9, 2011, incident in which she stabbed her boyfriend, Kenneth Pestana, two times.
Pestana recovered from the injuries, and did not appear at sentencing.
Smith said the couple was still together.
According to reports, the stab wounds were inflicted during a domestic dispute at Pestana’s residence on Centerville Lane.
The DUI occurred on Aug. 31 when Smith was arrested for driving under the influence of methamphetamine.
Under terms of her probation, Smith is forbidden to use alcohol or controlled substances and must testify truthfully if subpoenaed. She also was ordered to obtain a substance abuse evaluation and follow recommendations.
Smith said she and Pestana were looking for property in Sonoma or Nevada City, and might be moving.
“You’re going to have to clean up,” Perkins said. “I don’t want to put you in jail. I don’t know anything about Mr. Pestana. I do know you are responsible for what happens to you. I expect you to stay clean.”
Pestana has a lengthy history of contacts with law enforcement.
In 2009, Pestana was charged with multiple drug-related felonies, but the charges were dismissed.
In 2004, five charges against Pestana were dismissed including allegations of kidnapping and raping a 19-year-old woman.
He was convicted of second-degree murder in 1973 and served time in Soledad Prison in California.