A 29-year-old Oakland financial analyst was ordered Monday to serve 21 days in Douglas County Jail for causing severe injury to a South Lake Tahoe man after a fight in a casino nightclub.
Scott A. Stewart pleaded no contest to conspiracy to commit battery causing substantial bodily harm. His lawyer, William Cole, said Stewart entered the plea to avoid possible conviction on a more serious charge.
"It rose out of a misunderstanding fueled by alcohol," Cole said. "He (Stewart) entered an Alford plea. At this point in his career, he can't afford to have a felony conviction."
Prosecutor Tom Gregory said his view of the May 19 incident changed after a preliminary hearing on the allegations.
"We had facts that the victim shoved or pushed the defendant out of his way, balled up his fists and got in a fight stance, but nothing excuses what the defendant did," Gregory said.
Stewart apologized to the 25-year-old victim who suffered serious facial injuries.
"I've never been in a fight before. It's out of character for me," he said. "Not a day goes by that it's not at the top of my mind. I am terribly sorry for any pain or suffering I have caused."
The victim was unable to attend Monday's sentencing, but his mother appeared on his behalf.
"Every bone was broken around his eye," she said. "My son is ruined for the rest of his life."
She said a doctor told her that surgeons will have to peel his face back to rebuild all his bones, a decision her son has put on hold.
"He doesn't want to do any of it," she said. "He's 25. It's his time to work. I feel no hatred for him (Stewart), nor does my son. It's just what he's done to the rest of his life."
Gibbons said he felt Stewart was unlikely to be in trouble again.
"But I have to look at the effect of the crime. This is a horrible situation. I am sure everyone feels really bad. It's a tragedy," Gibbons said.
He sentenced Stewart to one year in Douglas County Jail, suspended, and placed him on three years probation.
Stewart was ordered to pay $6,073.75 restitution to the victim.
He must complete 200 hours of community service, and successfully complete anger management counseling.
Stewart is to abstain from drugs and alcohol during his probation.
Gibbons also imposed the 21 days in jail which he ordered Stewart to begin serving immediately.
"It's the absolute lowest number I can come up with. There has to be jail time," Gibbons said.
