An Indian Hills man, serving six months in Douglas County Jail for his second domestic battery offense, was sentenced Tuesday to Nevada State Prison for felony drunk driving.
District Judge Dave Gamble rejected an application from Michael Proctor, 31, for the diversion program designed to keep drunk drivers out of prison.
"You're not a candidate for diversion," Gamble said. "I do see some hope for you, but the very next time you drink, you won't see the light of day for a long, long time."
Gamble sentenced Proctor to three years in prison with minimum parole eligibility of 12 months. He sentence is to be served concurrently to six months in Douglas County Jail for domestic battery.
He was accused of threatening a woman with an ax and hitting her 6-year-old son in the leg with a ketchup bottle in October.
"Alcohol is going to kill you and probably kill some other people if you don't stop," Gamble said.
Gamble pointed to Proctor's three convictions in 1997 for minor consuming as the first time a judge probably suggested he had a drinking problem.
"Some people are not good at drinking and you're one of them," Gamble said.
Proctor's lawyer, Chuck Zumpft, said his client wants treatment. He said Proctor is certified in health care to conduct sleep studies, kidney dialysis and other procedures.
"When he's sober, he's a good guy to have around," Zumpft.
Proctor said he finally realized the depth of his problem.
"I love my kids. I love my community. I love people. I love helping people," he said. "I can't control it (drinking). I just can't start in the first place."
