Man who knocked mother off balcony sent to prison

District Judge Dave Gamble sentenced a 27-year-old South Lake Tahoe man to three years in prison for battering his mother's boyfriend after the three crashed through a railing and fell from a 4-foot balcony.

Gamble told James Mickelson he must serve 12 months in Nevada State Prison before he is eligible for parole.

Mickelson, an ex-felon, pleaded guilty to battery by a probationer or a parolee.

He was on parole from California when the Nov. 9, 2008, incident occurred at his mother's Gardnerville residence.

In a letter to the judge, Mickelson's mother said she didn't want her son to go to prison or the offense prosecuted as a felony.

According to reports, she suffered severe head injuries from the accident, a claim she denied.

Directing his comments to Mickelson's mother who attended the sentencing with the defendant's fiancee and baby daughter, Gamble said, "You need to recognize he is not the little sweetheart you think you should be defending.

"Each offense for which you've been arrested has had violence as a component," Gamble told Mickelson.

"Then I see you're in love, in love, and want to raise this child. Meantime, you're $20,000 in arrearages for your other children and your fiancee is 17, your baby is eight months old," he said.

Mickelson said he never plans to commit the offenses which include battery on a police officer and sexual assault.

"I'm the only person in the (jail) cellblock who takes responsibility for what I've done. I made a huge mistake that night when the argument with my mom got physical." Mickelson said.

"Is there somehow in the world a reason to put your hands on your mom in anger?" Gamble asked.

Mickelson denied that he threw his mother off the porch or choked her unconscious.

"I just want to apologize to my mom, my fiancee, and her boyfriend for making these mistakes and leaving them (for prison)," Mickelson said.

Before sending Mickelson off to prison, Gamble told him to turn around and look at his daughter.

"Do you suppose she should have to grow up with someone whose temper control is so weak, she'll have to worry when she's going to get beat up or her mother, or her grandmother?" Gamble asked. "That's within your purview to change."