Suspected gang affiliation leads to arrest

A 22-year-old Gardnerville man ordered to stay away from gangs or go to prison was jailed Aug. 21 when deputies reportedly found him in the company of a member of Carson City's Lima Street Gang.

Miguel Rubio, who avoided a prison sentence on July 28, was picked up at a Gardnerville apartment complex after deputies observed him with Joab Marquez, a known gang member from Carson City.

The two were questioned in what officers said was a consensual field interview.

Marquez had a warrant for contempt from Carson City. Rubio was booked in Douglas County Jail where he is awaiting a district court date.

He was arrested in March after he and codefendant Andrew Tagay pleased guilty to robbing two teenagers on their way home from a Gardnerville grocery story.

Tagay admitted he was a member of the Eastwood Tokers and was sentenced by District Judge Michael Gibbons to eight years in Nevada State Prison with gang enhancement.

Rubio, who denied he was a gang member, received 12-30 months in Nevada State Prison, suspended, and was placed on five years probation.

At Rubio's sentencing, District Judge Dave Gamble said it was unfair to automatically link Rubio to a gang because he accompanied Tagay, or based on 2002 allegations, that he associated himself with the Bulldogs, a California gang out of Fresno.

Terms of his probation included no gang affiliation or paraphernalia, 40 hours of community service, up-to-date child support payments and no alcohol, controlled substances or drugs during probation.