Gang enhancement adds to prison sentence

A 20-year-old Gardnerville man was sentenced to eight years in prison Monday for attempted robbery with gang enhancement.

District Judge Michael Gibbons sentenced Andrew William Tagay to five years in Nevada State Prison for attempted robbery and three years for the gang enhancement.

Because of the enhancement, Tagay was ineligible for probation and must serve the sentences consecutively.

Gibbons said he must serve a minimum of two years on the robbery charge and one year on the gang enhancement before he is eligible for parole.

Tagay admitted his part in the March robbery of two teenagers on their way home after returning DVDs to a Gardnerville grocery story.

He is accused along with Miguel Rubio, 22, of jumping the victims, demanding money and throwing beer cans at the teenagers and shouting "Tokers" several times, a reference to the Eastwood Tokers.

Rubio pleaded guilty June 2 to battery causing substantial bodily harm. He admitted throwing a beer can that struck the head of a victim and beating the teenager with his fists.

Officials said the victims had no ties to gangs, but wandered into disputed territory in the neighborhood.

Douglas County Sheriff's Investigator Greg Rooney offered a 30-minute PowerPoint presentation to illustrate the gang enhancement.

Rooney outlined evidence to support the identity of the Eastwood Tokers and Locos Mafiosos Clike as criminal street gangs; identify Tagay as a gang member, prove that he committed a felony and show the crime was committed to further the reputation of the gang.

Tagay, whose gang moniker is "Menace," was a founder of LMC along with Enrique Garcia and Pedro Meza.

Rooney said the LMC was affiliated with the Eastwood Tokers, a Carson City gang which has members in Douglas County.

Garcia, 23, of Minden, died in April 2008 after a vehicle rollover in Carson City.

Tagay's attorney Matthew Ence said Rooney's presentation offered no new information that his client didn't admit to at his arraignment.

Tagay offered no comment. He has been in Douglas County Jail on $53,000 bail.

Gibbons ruled that the prosecution established the elements of gang enhancement through the evidence and Tagay's own admissions.

He also cited Tagay's juvenile record in three counties and the fact that he did not complete regimental discipline boot camp.

"Your family members must be very disappointed to see you in this position," Gibbons said. "You're only 20 years old and you have two felonies plus a juvenile record.

"If you can learn just one thing from this, it's that your future - if you're tied to a gang - you are going nowhere. It's a disastrous future. You'll end up dead or somebody else will. Do you want freedom or to be involved in this stupid activity of a gang? You may have to move somewhere else.

"In this case it was just a couple of kids. This didn't help your gang at all. You're fortunate you got the plea agreement you did. Look at this as your last chance."

Gibbons confirmed the Tagay sentencing was the first time he applied the gang enhancement statute,