A couple who engaged in an early morning drunken brawl in front of a terrified 5-year-old girl pleaded guilty Wednesday to separate charges of obstructing a peace officer.
East Fork Justice Tom Perkins sentenced Daniel Verduzco, 26, of Carson City to 103 days in Douglas County Jail with 90 days suspended for one year.
Tessla Higuera, 21, the 5-year-old's mother, was released from Douglas County Jail on Wednesday on her own recognizance. Perkins ordered her to get an updated substance abuse evaluation before sentencing on Jan. 12.
Douglas deputies were contacted early Dec. 2 by the little girl's father in Carson City who said the woman's boyfriend called him to say Higuera was drunk and he needed to pick up his daughter at the couple's apartment in Gardnerville.
The man said he was worried about his daughter's safety because he could hear screaming in the background and believed Higuera and Verduzco were intoxicated.
When deputies arrived at the Mission Street apartment, they knocked and looked in the front window. An officer observed Verduzco allegedly push Higuera. They could see the residence was in disarray.
Due to concerns for the child's safely, deputies kicked in the front door and entered the residence.
The kitchen floor was covered with a broken artificial Christmas tree and decorations. The living room was covered with broken glass from picture frames and ornaments. Other debris was strewn throughout the apartment, deputies said.
Higuera, Verduzco, the little girl and another man were found in a bedroom with a single mattress on the floor.
Deputies said the little girl was "visibly terrified" and standing in a corner screaming. Higuera had a warrant from Carson Township Justice Court and Verduzco was on Carson alternative sentencing.
Her preliminary blood-alcohol content was tested at .252, more than three times the legal limit of .08 for driving. She is not allowed to drink on probation. Verduzco's alcohol level tested at .012.
After her Douglas arrest, Higuera was sent to Carson City where she was arrested in July after police found a 6-year-old boy at home alone about 10 p.m. Higuera reportedly showed up two hours later with her 3-year-old niece. Her blood-alcohol content was .292.
Her attorney said Wednesday that Higuera was sentenced to time served for a week in Carson City jail.
Prosecutor Karen Dustman wanted acknowledgment from Higuera that the little girl's father had custody of the child.
"We just want to make sure the child is safe. The father has a custody order," Dustman said Wednesday.
Perkins ordered Higuera not to interfere with lawful custody of the child.
Dustman said there was evidence to support more serious allegations against the couple, but it would be difficult to prove.
She said Higuera was adamant in her refusal to file domestic battery charges against Verduzco.
According to reports, Verduzco is a validated member of the Lima Street gang.
Perkins ordered Verduzco not to have any gang affiliation or paraphernalia. He must abstain from drugs and alcohol and violate no laws.
"You'll have to play it straight, you have 90 days hanging over your head," Perkins said. "I am aware you called the baby's father and told him there was a problem. You did the right thing, or else you would be getting six months."
