Medical condition earns house arrest

A 45-year-old Indian Hills man with diabetes complications was placed on house arrest for 12 months Wednesday and warned if he consumed alcohol or drove, he would be incarcerated in the Nevada State Prison infirmary.

Richard Denny was sentenced to two consecutive six-month sentences after racking up probation violations and driving under the influence arrests.

East Fork Judge Jim EnEarl told Denny he was disappointed in himself and the suspect because the defendant was re-arrested for drunk driving after the judge released him on house arrest.

"I am more disappointed in you and me than anybody in a long time," EnEarl said. "I don't know any other judge in the state who would take into consideration your medical needs. Then, you drove around drunk."

Denny spent the last week in the prison infirmary.

EnEarl told Denny he could not have a vehicle at his residence until it had been installed with a state-approved device which would indicate whether the driver had consumed alcohol.

Denny begged EnEarl not to return him to prison.

"I don't want to go back to prison. I am done. I am more than done. It wasn't on purpose I was making a mockery of this system. I am an alcoholic," Denny said.

EnEarl discounted Denny's alcoholism defense.

"Anybody else who did what you did would go to jail for a year," he said.

Because of Denny's medical condition, Douglas County Jail was unable to accommodate him. At the time of his arrest, his leg was infected and he required daily infusion of antibiotics so he was housed at the prison infirmary in Carson City.

Denny said he was willing to pay $450 month for house arrest.

"I'll go to any lengths to stay clean and sober. From this day on, I'll be an upstanding citizen and do what I have to do to clean this up," he said.

EnEarl said he could not drive or consume drugs or alcohol.

"If you get behind the wheel, you are going to jail," he said.

Denny was sentenced to six months in jail, suspended, on March 21 for discharging a firearm in a public place. He pleaded guilty on June 13 to domestic violence stemming from an incident at a Minden restaurant.

He was arrested twice in August on traffic violations involving alcohol and driving under the influence.

- A Carson City man who said he was a heroin addict was sentenced Wednesday to 90 days in Douglas County Jail for driving with a suspended license, and without insurance or registration.

James Karpus, 36, also admitted failing to appear for sentencing. Originally, he said he was fighting a fire for the Bureau of Indian Affairs, but admitted he didn't know where he was when he missed the March 27 court date.

He told East Fork Judge Jim EnEarl he was addicted to heroin.

Prosecutor Mike McCormick recommended Karpus serve six months in jail and questioned whether he really was a firefighter.

"I don't think a firefighter should be strung out on heroin," McCormick said.

EnEarl told Karpus he could undergo inpatient substance abuse treatment while he is incarcerated. EnEarl rejected the defendant's offer to undergo outpatient treatment.

"I'm going to lose my job and send my family back to welfare," he said. "I can't just leave my family stranded. I guess I should have thought about that."

- A Carson City man was sentenced to 15 days in Douglas County Jail on Wednesday for contempt after he blew off a $67 seat-belt violation and missed two court appearances.

"You generated a half-inch thick file and two arrest warrants," East Fork Judge Jim EnEarl told Thomas Lovelace, 23.

"This is more embarrassing than anything," Lovelace said.

"It's more aggravating," EnEarl replied.

Lovelace was cited Feb. 6, 2007, for not wearing a seat belt. He failed to appear for a March 13 court appearance and was arrested June 13. He pled guilty and was ordered to pay a $67 fine by July 7. He failed to appear or pay the fine and a second arrest warrant was issued.

He was arrested a few weeks later and taken to Douglas County Jail.

- A charge of battery constituting domestic violence was dismissed Wednesday against an Indian Hills man who was accused of pinning down his girlfriend and cutting her hair in retaliation for an earlier fight.

The district attorney's office dismissed the charge against Justin Robert Jackson, 29, without prejudice which means the charge could be refiled with more evidence.

The alleged victim in the incident sent a letter to the court that Jackson did not choke or pin her down. She asked that a temporary restraining order be lifted and he be allowed to return home.

- A 25-year-old Indian Hills resident is to appear in District Court on Sept. 11 accused of hitting a 3-year-old girl with his vehicle and leaving the scene of the accident.

John Tabor is charged with failure to stop at the scene of an accident involving personal injury or death.

Prosecutor Michael McCormick said the little girl suffered a scraped elbow.

"The victim is fine," he said Wednesday.

Tabor waived his right to a preliminary hearing in East Fork Justice Court on Wednesday.

According to court documents, Tabor was driving a 2002 Ford F150 pickup May 13 and struck the little girl on Basalt Drive.

He told authorities he left the scene because he wasn't aware he'd struck anything.

He returned after his mother-in-law, who witnessed the accident, called him.

Tabor reportedly told deputies he drank a 40-ounce beer prior to the incident. A preliminary breath test indicated blood-alcohol content at .129. The legal limit for driving in Nevada is .08.

A DUI charge was dismissed.

- The Douglas County Sheriff's Office reported 31 contacts for domestic violence Aug. 8-21.

There were 17 verbal domestics, nine arrests for domestic battery including three juveniles, two referrals to the district attorney's office for arrest warrants for battery or review, two unsubstantiated battery complaints and one unfounded violation of an extended protection order.

Four juveniles witnessed domestic violence and one juvenile was a suspect in a verbal domestic.

The Family Support Council issued eight requests to East Fork Justice Court for temporary restraining orders with seven approvals, and one denial.

There were five requests for anti-stalking and harassment orders with two approvals, two denials and one pending a hearing.

Connie Richardson, Douglas County Sheriff's Office domestic violence prevention coordinator, said the average range for this time of year is 16-22 per week. The average range of children witnessing domestic violence is 9-11 per week with juvenile suspects at 0-2 per week.


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