Despite a tearful plea to be released to care for her children, Dawn Oxley remained in Douglas County Jail on Friday charged with battering her mother and teenage daughter.
Oxley, 37, had been out on bail, but was arrested Tuesday after officers found her intoxicated at her home in violation of her release.
She had a .219 alcohol content and reportedly told officers she had been drinking vodka.
Oxley is the former wife of 36-year-old Benjamin Oxley found dead of a shotgun wound to the head in February 2008.
Dawn Oxley's roommate, James Matlean, 23, was charged with first-degree murder on June 9. He is being held in Douglas County Jail without bail and is set for a July 14 court appearance.
Dawn Oxley is not a suspect in the murder case, according to the district attorney's office.
In the past two years, she has been convicted of two counts of driving under the influence and arrested for possession of a dangerous drug, contributing to the delinquency of a minor and two counts of domestic battery.
She served six months in Douglas County Jail for the DUIs after she violated terms of her release by drinking.
Oxley's lawyer, Tod Young, asked EnEarl on Friday to reinstate her on bail with conditions including an ankle device that would detect alcohol consumption.
"She needs to be home to take care of her children," Young said.
Oxley was forbidden to have contact with the alleged battery victims unless they visit her while in custody.
She was accused of shoving and hitting the teenager and grabbing her mother by her arm from behind and digging her fingernails into the woman's cheek. The incident reportedly occured in Oxley's yard in Gardnerville on June 3, according to reports.
Both counts are misdemeanors.
Young said she wanted to be released to keep long-standing appointments she made with Douglas Mental Health.
"She wants to pursue her alcoholism and other issues, some of which drive her to drink," Young said. "She will miss her appointments and they take time to schedule. Her hope is the court will allow her to be out."
EnEarl said he was concerned about allowing Oxley to return home.
"With the alcohol results and the alleged crimes of domestic violence I have a great deal of concern about her going back in the home," EnEarl said.
Prosecutor Erik Levin noted Oxley's DUI convictions and her record for previous violations.
"Until there is an agreement on her treatment, her compulsion to drink is way too strong. It's too risky at this point to let her out on her promise she's not going to drink," Levin said.
Young said Oxley would not live with either of the victims.
Levin also pointed out she had no money to pay for the alcohol monitoring and the Department of Alternative Sentencing was out of grant funds.
Oxley told EnEarl she'd been working five or six months on scheduling her appointments.
"You guys want so much from me and you won't give me anything," she said.
"You've left me no choice," EnEarl said. "You were out on bail on this matter with the condition you not consume alcohol. Not only did you drink, you drank a lot of it. You were drunk. I am not willing to take a chance."
EnEarl exonerated her $3,000 bail and set a new bail at $10,000 cash.
He told Oxley if she is released she is forbidden to have contact with the victims, may not consume drugs or alcohol and must stay on residential confinement with an alcohol-monitoring bracelet. She is under DAS supervision and may not drive.
She is to return to court on Wednesday.
