Probation revoked for defendant in gang battery

Probation was revoked Tuesday for a 22-year-old Gardnerville man spared prison originally because Judge Dave Gamble believed he wasn't involved with a gang.

Gamble ordered Miguel Rubio to serve 30 months in Nevada State Prison with a minimum of 12 months for parole eligibility.

Rubio admitted drinking alcohol and hiding from deputies but denied any gang affiliation that lead to his arrest Oct. 19.

He was found hiding under a blanket in a closet at the apartment of a suspected gang member who was having a party.

Deputies called him out at gunpoint. His blood-alcohol content was .088.

"I can't remember the last time I went as far out on a limb for somebody as I did for you," Gamble said. "I told you I would give you one chance and that was it. Your probation is revoked."

Rubio was on probation for his part in an attack and robbery of two teenagers in March. His co-defendant, Andrew William Tagay, was sentenced to eight years in prison with a gang enhancement.

Tagay admitted he was a member of the Eastwood Tokers and was sentenced for attempted robbery with the enhancement.

Rubio was found to be more of a follower than a gang member.

His lawyer, Kris Brown, asked Gamble on Tuesday to reinstate Rubio's probation.

She said she was concerned that Rubio be a target of gang members in prison.

Brown advocated an in-patient alcohol treatment program.

"He didn't use force. He didn't try to run," Brown said. "He hid because he was scared and afraid he would be arrested. He's not mean. He's not violent, he's unable to get his life together."

Prosecutor Laurie Trotter said Rubio proved he wasn't a good candidate for probation.

"He violated several times. He drank, he hid from officers, he placed himself and others in a risky position," Trotter said.

She said he has failed to meet several other probation conditions set by Gamble including paying child support, earning a general equivalency diploma, and performing 40 hours of community service.

"He continues to do what he likes to do," Trotter said.