District Judge Dave Gamble reduced bail to $750,000 for a 42-year-old Gardnerville man charged with four counts of sexual assault with a child under 14 in connection with the alleged abuse of his former girlfriend's son.
Suspect Ronald J. Smith pleaded not guilty to the charges and is set for trial April 16. If convicted, he could face life in prison.
Gamble told Smith on Tuesday that if he is able to post $75,000 bond, there must be a hearing before he is released to determine bail conditions.
Prosecutor Tom Gregory argued against lowering Smith's bail which had been $2 million because the alleged offense occurred while the suspect was under court supervision for a domestic battery conviction.
"We ask if he is bailed out that he be placed on house arrest to set up restrictions of no contact with the victim or his mother or any kids," Gregory said.
Gregory also talked about the seriousness of the new allegations.
"Mr. Smith is not accused of 'following too closely,'" Gregory said. "Clearly, the Legislature has something in mind when it says he is in a different position than a man who stands accused of his first crime."
Smith is accused of assaulting the boy, now 13, from April 2006 through August. He was arrested Sept. 5 after the mother said she found Smith hiding naked in her son's closet.
The boy testified for three hours at a preliminary hearing in East Fork Justice Court on Oct. 20.
Smith has been held in Douglas County Jail for 5 1/2 months.
His lawyer, Laura Grant, argued that even though her client was under court supervision for a prior conviction when the new allegations were filed, Gamble had the discretion to set bail.
At $2 million, Grant said Smith had no chance to post bond and, as a result, was unable to assist in his defense.
"A man accused of first-degree murder has a greater opportunity to get out than my client," Grant said.
"Unless it occurred while he was on a suspended sentence," Gamble said.
"We ask you to allow him to return to work, to assist counsel in preparation of this trial which is coming up in April," Grant said.
"His cell has been searched the last two nights," she said. "He can't feel anything is private and confidential.
"He is no danger to the community. His parents are living in his home and will assure he is toeing the line."
