Batterer sent to prison for five years

A 41-year-old man who reportedly struck his ex-wife 20-30 times in front of a room full of children was sentenced Monday to five years in Nevada State Prison.

Timothy Ozuna must serve a minimum of two years before he is eligible for parole.

"You not only hurt your ex-wife, you put her in fear for the rest of her life that you will come back," said District Judge Michael Gibbons.

"You put kids at risk. She's a day care provider. You caused multiple victims here. They're going to carry this forever," Gibbons said of the children who witnessed the beating.

Ozuna disputed the allegation that the victim was holding a 10-month old baby and he knocked her down.

He clai-med she initiated the battery by throwing something at him when he went by the Gardnerville Ranchos home July 29 to pick up his mail.

"A lot of what happened isn't in this," he said. "She runs a day care center. She's not going to say she hit me. It would be a waste of time for me to sit here and try to convince you what really happened.

"I'm sorry for what I'm here for. I am sorry to her. I hope she has a great life. I don't want to be part of it."

He pleaded guilty to battery causing substantial bodily harm that constitutes domestic violence.

The victim suffered a fractured eye socket and may require surgery.

Her brother testified that the victim feared Ozuna will kill her. She did not attend the sentencing or submit a statement.

"He beat her," the man said. "She has a fractured eye, has to have surgery and will be in pain and suffering the rest of her life."

He said his sister was trying to sell everything she owns to move from the area.

Prosecutor Dina Salvucci said it was unusual in Douglas County to have such serious injuries on a battery victim. She said Ozuna had a history of violence which includes resisting arrest, battery and abuse of the elderly.

Lawyer Matthew Ence said his client was unhappy with the prosecution's portrayal of him as a "violent, violent offender."

"Everything was dismissed or charges weren't filed," Ence said of Ozuna's record.

He admitted Ozuna had mental health issues that had been resolved for years including a prior suicide attempt when he shot himself in the head with a nail gun.

"His comment to me was, 'It didn't work. I guess I am not supposed to die,'" Ence said.

Ence said deputies didn't interview Ozuna for his side of the altercation, but Gibbons pointed out the defendant fled the scene.

"Police had to find him. He wasn't too amenable to making a statement," Gibbons said.

Ence questioned the severity of the injuries.

"This wasn't more severe than a lot of batteries I've seen prosecuted as misdemeanor offenses," he said.