Five years probation in pedestrian injury accident

A 27-year-old Gardnerville woman was sentenced Tuesday to five years probation for striking a pedestrian with her pickup truck and leaving him injured by the side of the road.

Melissa Rose Hernandez, who faced up to 10 years in prison, tearfully apologized to Tabitha Hanson, wife of 32-year-old Cayle Hanson who was seriously injured late July 22 near Lutheran Bridge in Gardnerville.

"I want to apologize to Mr. Cayle Hanson and his family for all the turmoil this has caused," Hernandez said. "I can't imagine what it's like to live with this every day. I take ownership for what I did and ask you to please show leniency."

Hernandez pleaded guilty in November to attempted failure to stop at the scene of an accident involving personal injury or death.

She did not stop or report the accident, claiming she thought she hit an animal.

Hanson lay on the road for about 30 minutes until two boys on their way home, Miguel and Jose Pena, came upon him and called 911.

Hanson was taken by CareFlight to Renown Regional Medical Center in Reno where he was treated for seven broken ribs, a torn spleen, fractured arm, dislocated shoulder and a punctured lung.

He was released after several days in intensive care and has medical bills totaling more than $100,000.

Hanson's wife Tabitha attended Tuesday's sentencing by Judge Dave Gamble.

She said her husband was too traumatized by the accident to come to court.

Hanson said her husband has nightmares and is still suffering physical injuries.

"It's not just that one day in July. It's affecting our whole life," she said. "His ribs are still not healed. He is unable to catch his breath. All I wanted was for her to stop. Why didn't she stop? Does she know she hit a man? That man is my husband."

Hanson said her husband was unable to return to work in the construction business and they were both going to school for retraining.

Tabitha Hanson said she could no longer be a stay-at-home-mother to the couple's four children because of expenses.

"We have a 1-year-old son my husband is unable to hold because of his injuries. Our 4-year-old thinks he is invincible to cars because his father survived this," she said.

Gamble thanked Hanson for her testimony and her assistance with finding evidence at the scene.

"You have my deep admiration for the work you did in finding out what happened to your husband, you should be proud.

"This part you may not like. As horrible as what happened to your husband is, if this defendant had stopped there would be no crime, but your husband's physical condition would be the same," he said.

He recommended the Hansons retain a lawyer to pursue civil avenues.

"You need to hire a lawyer right away," Gamble said. "There are other potential resources out there. It is unlikely you will ever recover what you lost. Our restitution system is not designed to do what our criminal system does."

Hernandez was not arrested until several weeks after accident when a story appeared Aug. 4 on The Record-Courier's Web site about the search for the driver and the boys' heroic efforts.

Tabitha Hanson had returned to the accident scene and found a mirror from Hernandez's vehicle which was used as evidence.

Hernandez's attorney, Kris Brown, said her client was unaware that she was the suspect and was not someone who knowingly would leave someone injured on the side of the road.

"I told her that might be a defense, but she said, 'I know what I did. I take responsibility,'" Brown said.

Brown said Hernandez was terminated after eight years at North Sails because of the incident, but had been hired at Kirkwood Ski Resort.

"She's a steady worker, the mother of two children and this is her first contact with the criminal justice system," Brown said.

Prosecutor Laurie Trotter asked Gamble to include 30 days in Douglas County Jail as part of Hernandez's probation.

"At the time of the accident, the defendant showed indifference," Trotter said.

Gamble sentenced Hernandez to three years in Nevada State Prison, suspended, and placed her on five years probation.

She must pay $54,807.87restitution, undergo a substance abuse evaluation and any recommended treatment and abstain from alcohol and controlled substances for five years.

"You see what happens as the result of the actions we take," Gamble said. "This is a terrible tragedy. I hope you understand your duties as a driver. Don't come back in front of me having violated this probation."