A 30-year-old Reno man was sentenced Tuesday to one year in Douglas County Jail for leaving the scene of a traffic accident in which two people were injured.
District Judge Dave Gamble sentenced Gilbert Hernandez to seven years in Nevada State Prison, suspended, and placed him on five years' probation which includes the year in jail and $65,153 restitution.
After Hernandez is released, Gamble said he is to be turned over to Immigration and Customs Enforcement officials for deportation.
Gamble ordered the probation because he felt two years in Nevada State Prison - the minimum for the offense - was too harsh.
Hernandez pleaded no contest to failure to stop at the scene of an accident involving personal injury or death, a felony.
Thomas and Barbara Smith of Wellington were taken by Care Flight to Renown Regional Medical Center in Reno for treatment after the accident.
The couple's daughter, Sandra Leong, told Gamble on Tuesday the accident had "devastating effects on the family."
Her parents requested Hernandez be sent to prison, then deported.
She said her father went back to the hospital June 29 for additional surgery because he was exhibiting stroke-like symptoms which doctors confirmed were caused by accident injuries.
"He has a slow bleed in his brain which didn't show up until now," she said.
"He's struggling," Leong said. "Physically, his left side has been damaged. He's had to learn to open his hand and learn to walk. Doctors said he has to learn to 'be aware' of his left side."
Neither of the Smiths, who have been married 44 years, appeared in court Tuesday.
"The cognitive injuries are more devastating," Leong said. "Doctors are hopeful that he will be back to normal within two years, but they can't guarantee it."
Gamble said sentencing was difficult because the minimum punishment required by law - two years in prison - was more severe than some drug offenses.
"This accident was tremendously serious, and yet, the injuries to the Smiths happened whether Mr. Hernandez left the scene or not," Gamble said. "The actual crime occurs after the guy leaves the scene.
"If this state had a minimum 12 months in prison, I would have no hesitation in sentencing him to that."
Gamble said that he didn't feel straight probation would be fair, either.
"It would not be just for him to be in jail for two weeks, get picked up by immigration, and go be with his family in Mexico," Gamble said.
Hernandez fled the scene of the May 4 accident at Highway 395 and Airport Road and was apprehended about 15 minutes later at a housing subdivision where he was employed as a painter for a Sparks firm.
He said he drove away because he was afraid of what would happen because he had lived in the United States illegally for four years.
Hernandez's lawyer, Theodore Gamboa, said the victim's family had hired Reno attorney Cal Dunlap for civil proceedings and there was a $1 million policy on the vehicle.
"This was an accident," Gamboa said. "My client pulled out and did not see the victims. He left the scene and was found 15 minutes later. There was no drinking or drugging. He was working and he has no criminal history."
Using his lawyer as an interpreter, Hernandez apologized.
"I am very sorry for having caused the accident. I apologize to the people I hurt. That was not my intention. I would like to be able to go to Mexico. I ask for forgiveness from the people I hurt for having failed to stop."
Prosecutor Michael McCormick asked for prison.
"Tom and Barbara Smith are the nicest couple you can imagine," McCormick said. "Their life has been totally disrupted. This law is in place so people are not left along the highway to die."
Gamble ordered a hearing if federal officials seek to deport Hernandez before he's served his jail term. He gave Hernandez 75 days credit for time served.
