A 15-year-old who was the only assailant to avoid prison in last summer's beating death of a 54-year-old man was sent to Douglas County Jail on Tuesday pending a hearing next week on alleged probation violations.
District Judge Dave Gamble ordered Jimmy Holman to spend the next week in jail as punishment "for being a jerk at school."
According to court documents, Holman was kicked out of Douglas County's alternative school program for wearing gang colors.
He was sentenced in November along with three codefendants for the fatal Father's Day beating of Terrence Joe Howell.
Holman, judged the least culpable, was sentenced to a suspended 4-year prison term and placed on five years probation.
He was charged in two reports from his probation officer this month with wearing gang colors, testing positive for marijuana and alcohol, and living with two ex-felons.
His probation officer cited Holman's "flagrant disregard" for authority and his apparent allegiance to gangs.
Since Howell's death, Holman and his family have relocated to the Gardnerville Ranchos. The officer said in his report that Holman's mother had rented rooms to two individuals with felony records.
"Did you say to parole and probation that it was none of their business who was living with you?" Gamble asked the mother who attended Tuesday's hearing on the violations.
The woman said she didn't find out about her roommates until after they moved in.
"What do you want me to do? Do you want your son out of prison or in prison? You can help this or hinder it," Gamble said.
The woman told Gamble she was a single mother of four children and worked from 6 a.m.-3 p.m.
"Maybe I can't take care of him," she said just before she walked out of the courtroom.
Holman admitted using the intoxicants and marijuana, wearing a red hat and carrying the red bandana in his pocket.
But he told Gamble he was done with gangs and "turned over a new leaf."
"Why would anybody not think you are just waiting to be a Norteno?" Gamble asked.
Gamble ordered Holman to empty his pockets and pull up his shirt. He was dressed Tuesday in black and white clothing and his pockets were empty.
"I'm trying to figure out if you are committed to gang life or are the person sitting here now," Gamble said. "The person 'out there' I am going to send to prison. The person sitting before me today is the one eligible for probation."
Holman also tested positive for an opiate. He told the judge he hurt his back and took half a Vicodin he bought on the street.
"Do you know that's another felony?" Gamble asked. "What do you want to do with your life?"
Holman repeated what he said at sentencing, that he wanted to be a mechanic.
He told Gamble he thought his mother was looking into sending him to Sierra Crest Academy, Douglas County's charter school.
