Probation revoked in 2009 domestic battery

Probation was revoked Wednesday for a 46-year-old Gardnerville man who admitted drinking in violation of his release on a second domestic battery conviction.

Senior Judge Steven McMorris ordered Ronald John Smith to serve 28 days in jail over 14 consecutive weekends to complete a suspended sentence.

McMorris took Smith off probation.

"You're an interesting fellow," McMorris said. "When you're sober, you are a prince. When you drink, you're the worst guy on the face of the earth. You're just a guy who can't drink, can't take a sniff of alcohol."

McMorris presided over Smith's trial in January 2009 and found him guilty of misdemeanor domestic battery. The 55-year-old victim testified that Smith broke her arm, beat, kicked, and choked her in a drunken rage in July 2008 at his home.

He served six months in jail and had 30 days suspended with two years probation.

Smith admitted the violation that took place during an Oct. 2 housewarming party at a friend's in the Gardnerville Ranchos.

Smith's attorney Matt Ence said there were mitigating circumstances.

"He had been invited to a house warming party. Everybody had been drinking," Ence said.

Ence said Smith served two days in Douglas County Jail following his arrest.

He asked that Smith's probation be reinstated and he serve any additional jail time on weekends or as community service.

Ence said Smith had volunteered by helping fill hot air balloons at the Nevada Day parade and cutting and donating firewood to the Walker and Douglas County senior centers.

"I want you to know he has done very well with other conditions," Ence said.

He said Smith completed court-ordered domestic violence counseling and parenting classes and paid his fines.

"His counselor said Mr. Smith may be the only client who completed 52 weeks of domestic violence counseling without an absence," Ence said.

Prosecutor Erik Levin disagreed with Ence's account.

"People tried to call him (Smith) a taxi so he would go home. He resists, he refuses to provide a preliminary breath test," Levin said. "I ask the court to impose the suspended sentence and close the case.

Smith is set for trial Dec. 9 in East Fork Justice Court on allegations he was trespassing at the residence in the 1300 block of South Riverview.

He is to report for his first weekend in jail on Nov. 11.

"I think you made some real effort," McMorris said.