Judge orders six-month sentence in domestic battery

MINDEN, Nev. " A 44-year-old Gardnerville man was sentenced Friday to six months in Douglas County Jail for his second conviction of domestic battery, repeating a pattern the judge called "intolerable conduct."

Visiting Judge Steven McMorris sentenced Ronald John Smith to six months in jail, suspended 30 days, and placed him on two years probation.

He also ordered Smith to complete a violence risk and threat assessment.

"This will determine what supervision and counseling you need to prevent further violence. This is the linchpin of the sentencing," McMorris said. "Just to have you serve jail time and go back to the streets will not solve anything."

Smith did not comment at the sentencing, but his lawyer, Matt Ence, notified the judge that he would appeal.

McMorris denied Smith's request to delay sentencing for two weeks.

"It would be foolish for me to turn him loose," McMorris said. "I would be abdicating my duties."

Smith was convicted of the misdemeanor after a day-long trial Jan. 23.

The 55-year-old victim testified that Smith broke her arm, beat, kicked, and choked her in a drunken rage on July 27, 2008, at his house,

She professed to still have feelings for Smith and admitted they had been in contact with each other as recently as Friday.

"Ron, you did beat me up the night of the 27th," she said in a victim impact statement Friday. "I know it, you know it, God knows it. You really need to take responsibility for what you do to women. The next time, you might kill somebody."

Prosecutor Laurie Trotter presented the facts of Smith's 2005 conviction for domestic battery, citing similar details.

"The defendant is very violent," Trotter said. "He is a danger to the community and a threat to (the victim). He broke her arm, he choked her, he beat her severely, he hit her.

"It's inappropriate that anyone should have to suffer this kind of violence."

Trotter asked for the maximum "because the defendant didn't get the message from the first domestic battery."

Calling the state's recommendation "quite excessive," Ence asked for a 21-day sentence, noting the statutory minimum sentence for a second domestic battery conviction is 10 days.

"Things have been alleged that are out of character," Ence said. "He has letters from business associates, neighbors and friends that indicate this is completely out of character. I don't think this will be an issue in the future."

Ence said the victim had initiated contact with Smith and that would cease.

Ence also pointed out that Smith had served 7-1/2 months in jail in 2006-07 before he was acquitted of charges he sexually assaulted the 13-year-old son of a former girlfriend.

"That may help satisfy some of the desires for jail time in this case," Ence said.

"This case is disturbing because of Mr. Smith's appearance as a law-abiding citizen," McMorris said. "Mr. Smith is a person who lures people into relationships with charm and wiliness. Then terrible things happen once the relationship solidifies.

"The victim is a prime example of what happens. She's still enamored of him," McMorris said.

"This intolerable conduct must be punished. Unfortunately it's only a misdemeanor with a limit of a six-month jail sentence," the judge said.

He warned Smith that if he is convicted of a third domestic battery before 2012, he would face 1-5 years in Nevada State Prison.

"You will go before either of two judges that I know well. It will be five years," McMorris said.

The judge said it was his duty to protect Smith from himself and to protect the community from the defendant's "propensity to commit violent acts."

In addition to the jail term, Smith was ordered to perform 100 hours of community service, attend weekly domestic violence counseling for one year, pay $667 in fines and abstain from alcohol for two years.

McMorris placed Smith under the supervision of the Department of Alternative Sentencing and he is subject to random search and seizure.

He forbid Smith from contacting the victim and the judge told her not to initiate contact.

"There can be no acts of intimidation, violence and no weapons. You must obey all laws," McMorris told the defendant.

Despite the judge's admonishment, Smith turned to the woman as he was being led to the jail and said, "Thanks a lot ..."