Probation was reinstated Tuesday for a 15-year-old involved in the Father's Day beating death of a 54-year-old man with the condition that if he and his mother don't cooperate, the boy will go to prison.
"I've done everything I know how to do," District Judge Dave Gamble told defendant Jimmy Holman. "You have to be a different person."
Holman was convicted of involuntary manslaughter in the death of Terrence Joe Howell. Holman's three codefendants were sent to prison, but he was judged the least culpable and sentenced to probation.
Holman was arrested for probation violations last month that included drinking, using controlled substances and wearing gang colors to school.
His mother was renting out rooms in their Gardnerville Ranchos apartment to two men with criminal records.
Holman spent the last week in Douglas County Jail while Gamble weighed his sentencing options.
"I've spent most of this week trying to figure out what to do with Mr. Holman," Gamble said. "It's complicated and there is the temptation just to impose the prison sentence, but that would not be in the best interest of Mr. Holman or the community. What makes it difficult is so much depends on Mr. Holman."
In his 23 years as a judge, Gamble said he'd sent three 15-year-olds to prison, including Alexandrew Vail, Holman's codefendant in the Howell death.
Gamble said while Howell's death merited the prison terms, he was reluctant to send Holman.
Because he has a felony conviction, Holman could not be admitted to juvenile facilities like China Spring, Rite of Passage or the Nevada Youth Training Center at Elko.
But, Gamble said, through the county Juvenile Probation Office, a host of programs were available to Holman and his mother including psychiatric counseling, house arrest and intense supervision.
Holman's attorney, Kris Brown, said she had been "frustrated and angry" since the beginning of the case that her client was charged with murder and tried as an adult, especially after the charge was pled down to involuntary manslaughter.
Brown said she would welcome the help of juvenile probation because of her client's age.
"We tried to put him in drug court. They can't take a juvenile," she said. "We're struggling with someone stuck in the system with no options on either end.
"He needs direction, that mentorship, not only for someone to be there for what he does wrong, but to point out when he does right," Brown said.
Prosecutor Karen Dustman said the district attorney recommended Holman's probation be revoked and he be sent to prison.
"Our concern is if he is supervisable, and the threat to the community," she said. "We would encourage very, very specific requirements so we know whether he is compliant. The environment he is going back into may not be conducive to success."
Holman's probation officer Gary Campbell said his biggest concern was Holman's living situation. He said Holman's mother, who is not under supervision, became frustrated with him over the violations and her roommates.
"I have grave concerns and suspicion about what is really going on," Campbell said.
Chief Juvenile Probation Officer Scott Shick said he thought the supervision would work along with the counseling from juvenile services psychologist Dr. Bruno Bielat.
"Jimmy needs to quit acting like an idiot," Shick said. "If he's committed (to probation), we'll go to it. He has to get it in his conscience and in his soul the degree of seriousness."
Bielat told Gamble he was looking forward to working with Holman and his mother.
Gamble told Holman's mother that he knows how difficult her life is as she provides for four children.
"Nobody denies you're having a tough time. I'm not missing the fact that you have a difficult life. At this point, I hope you heard how few choices we have and how hard everybody is working to keep your son from going to prison," Gamble said.
He told the woman that there may be services available to her "to help you raise your kids, run your home and not have heroin slammers on your couch. You have to buy into doing whatever has to be done to keep Jimmy out of prison."
Holman told the judge that he boxed up all his red clothing and was finished with his attraction to gangs.
Gamble said that wasn't enough.
"I want you to have the mental image of burning them," the judge said.. "Do you have any concept of what prison would do for you?"
"I would do real bad," Holman said.
Acknowledging the state's objection, Gamble reinstated Holman's probation.
New conditions include:
-- No gang association, colors display or relationship with any gang members;
-- Drug and alcohol evaluation;
-- The district attorney's office is to contact state Division of Child and Family Services to request intensive family services for Holman's mother;
-- Participation and successful completion of JPO programs available to Holman;
-- Participation of Holman and his mother in ongoing individual and group counseling with Bielat;
-- No association with any felons.
Gamble old Holman's mother she has to kick out her roommates and no felons may live there. Anthony Gomez, the woman's husband and Holman's stepfather, is serving up to eight years in prison for voluntary manslaughter in Howell's death. He is eligible for parole in 28 months.
Holman, who has been expelled from the Douglas County School District, must go to school. His mother said she would contact Sierra Crest Academy to see if he's eligible. His probation officer recommended Silver State Academy, an online program.
