Minden man appeals battery sentence
An appeal is pending in the case of a Minden man who allegedly admitted a charge of battery causing substantial bodily harm.
Joseph R. Chafin, 24, allegedly broke another man’s leg during an early morning brawl in downtown Gardnerville.
Prosecutor Erik Levin said Chafin was sentenced Aug. 14 to 1-4 years in prison and must pay fines, fees and restitution of $23,946.
District Judge Tom Gregory denied a request by defense attorney Maria Pence to stay execution of the sentence pending an appeal.
Pence said the prosecutor did not comply with the plea agreement to recommend probation for Chafin.
“The State argued for a prison sentence without explicitly stating so, offering the court only aggravating factors,” she said. “The State did not offer any of the information it had regarding the victim’s actions on this night, or his reputation, or the circumstances of this offense that weighed in favor of probation. “
She said that the Department of Parole and Probation recommended probation in the case.
“When the State does not stand behind a promise, one upon which a defendant relies in making his plea of guilt—rather than going to trial and putting the State to its burden of proof, the wheels of justice grind to a halt,” she said.
Chafin reportedly violated his bail conditions May 6 after getting in a fight at Buckaroos while intoxicated.
He also faces charges of driving under the influence and battery in East Fork Justice Court.