Murder victim's ex-wife out of jail on battery conviction

The ex-wife of murder victim Benjamin Oxley was released from Douglas County Jail on Wednesday after she pleaded guilty to domestic battery involving her mother and teenage daughter.

East Fork Justice Jim EnEarl sentenced Dawn Oxley, 37, to 180 days in Douglas County Jail with 160 days suspended and gave her credit for time served since her arrest June 3.

"I may be sorry for this," EnEarl said.

He put her on probation for one year and ordered her to attend 90 Alcoholics Anonymous meetings in 90 days and complete 26 weeks of domestic violence counseling.

She must abstain from drugs and alcohol, be subject to random search and seizure and may not possess a firearm. She also was fined $337.

Prosecutor Erik Levin asked EnEarl to order Oxley to attend a 30-day inpatient substance abuse treatment program.

"She has a long history of problems, but never had this treatment opportunity," Levin said. "I am in favor of giving her one last chance before we decide if we have to lock her up."

Oxley's former husband was murdered Feb. 21, 2008, as he lay sleeping in his Wildhorse home.

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.

She is not a suspect in the murder case, according to the district attorney's office.

Her lawyer, Tod Young, said Wednesday she would be equipped with a global positioning system by the sheriff's office because she is a witness in the case.

Oxley wrote an letter to EnEarl on Monday asking him to release her from jail.

"My life as of Feb. 21, 2008, has been forever changed, not only just mine, but my children," she wrote.

Oxley said in the letter she had been trying to help find the person responsible for her ex-husband's death.

She also wrote on behalf of her daughter with Oxley.

"I have an 8-year-old. She needs me badly. And no, she doesn't need me to be drinking at all. She has already lost her father and she doesn't need to lose her mother also," she wrote.

In the past two years, Dawn Oxley 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 domestic battery which was reduced from two counts to one.

She served six months in Douglas County Jail for the DUIs after she violated terms of her release by drinking.

She went back to jail June 22 after she was drinking in violation of her release on the domestic battery charges.

"I will be in and out of this courtroom over the next eight months (in the murder investigation) and I need to be level-headed. When I leave your jail, I promise to never again give you or anyone else a reason to put me back in here. I have also worked hard with the DA and detectives to bring this murder to an end and they keep telling me it's almost over," she wrote.

On the domestic battery charge, Oxley 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 occurred in Oxley's yard in Gardnerville on June 3, according to reports.

Oxley's mother asked Wednesday for her release.

"My daughter has an alcohol problem," the woman said. "When she's sober, she's a good person and takes care of her children. When she's been drinking, she makes bad decisions. It would behoove her to take on her responsibilities as a parent while getting her drinking under control."

Oxley apologized to her mother and daughter who also was in court.

"I want to make sure they understand it won't happen again," Oxley said.

EnEarl said he believed her intent to be sober, but didn't know if he trusted her not to drink.

"I question your ability to carry out your intent predicated on your history in this court," EnEarl said. "I understand the issues you have, but you are hurting other people now. This is a crime of violence. Other people are suffering because of your conduct. I don't know that I can trust you."

He warned Oxley she will be supervised by the Department of Alternative Sentencing and incarcerated for six months if she violates any terms of her release.

"Don't mess this up," he said.