Man sent to prison in Bodie Flats extortion

Despite his claim of innocence, a 33-year-old Minden man was sentenced Monday to five years in Nevada State Prison for robbery.

District Judge Michael Gibbons told Robert C. Pierce he would be eligible for parole after a minimum of two years.

The sentencing following an hour of testimony from Pierce's mother, twin brother and sister who claimed he wasn't present at the scene and prosecutors built their case on evidence from lying "tweakers."

Pierce was charged with taking a man out to Bodie Flats on Aug. 3, 2009, threatening to kill him and stranding him in the desert in his socks and underwear.

The victim walked to a nearby residence and was unharmed.

Other people were arrested in the case including co-defendant Timothy Young who was sentenced to prison.

"We are here because of substance abuse - drugs and alcohol. Rob had no intent to cause harm," said Patricia Pierce, the defendant's mother.

She claimed that people testified against her son because they had been "threatened that if they didn't testify the way investigators wanted, they would all go to jail or prison."

"People should not be terrorized into making a plea bargain," she said. "The jury is tainted by articles printed in the local paper. Robert is not guilty of robbery. He is guilty of drug abuse. He had never been in trouble a day in his life until he started using drugs and alcohol."

She also complained about conditions in Douglas County Jail where she said Pierce spent months in solitary confinement including time in what she called "the hole" where he had to sleep and eat on a cement floor in a room with only a toilet.

After that, she said, her son spent time in a medical cell where he was separated from the inmate population.

Gibbons asked Pierce if she knew that her son had been accused of having a weapon in jail. She said no.

Defense attorney John Oakes of Reno compared the incident to a hazing. He produced a notarized letter Monday from the victim, signed Sunday, that read: "I was told to say what I said or I would go to jail."

The alleged victim did not appear in court Monday.

"I think what happened to (the victim) was more in the vein of a high school prank," Oakes said.

He said it was laughable to consider the man a victim.

"It was more payback for him (the victim) not being a stand-up guy, for having relationships with other women," Oakes said.

Oakes said Pierce pleaded guilty to robbery because he was afraid to leave it up to a jury and face life in prison if convicted on more serious charges.

Pierce's twin brother Jonathan apologized to the defendant for leading him down the wrong path.

"The people we were hanging out with were tweakers. All they want to do is smoke their dope. They will do anything investigators say so they can go back and smoke dope," Jonathan Pierce said.

"I, as your brother, am sorry for leading you to that life," he said.

Jonathan Pierce, who spent time in custody on an unrelated matter, said he had turned his life around and hoped his brother would do the same.

He has become involved in prison ministry in Southern California and became an emergency medical technician.

Robert Pierce had been a wildland firefighter.

Prosecutor Laurie Trotter produced photos of the inside of the van where the victim was placed in a cage. She had pictures of a gaming card the victim said he hid in the van with his name and phone number because he feared he would never be found.

Trotter said there were several witnesses who could place Pierce at the scene.

She said Pierce was a threat to the public and not a candidate for probation.

Pierce said he had been a model prisoner.

"For over 400 days, I had nothing but excellent conduct," Pierce said.

He claimed his cellmate had the weapon in an attempt to chisel his way out of custody and when he was returned to Colorado, Pierce got blamed for the tool.

"Where I was wrong, I didn't say anything," he said.

He claimed there were "a lot of dirty tactics" in prosecuting his case, but he didn't blame Trotter or Investigator Bill Abbott.

"I put myself in that holding cell a long, long time ago, the day I picked up that glass pipe," Pierce said. "I'm rebuilding my relationship with the good Lord."

He said time in prison wouldn't help him as much as drug court and in-patient treatment.

"Up until age 32, I had an excellent record," he said. "I wasn't raised this way. No matter what happens may the Lord's will be done."

Gibbons said when Pierce appeared before in April for a similar, but unrelated case, he was "extremely borderline," but granted probation.

"This crime is remarkably similar to the extortion crime," Gibbons said. "There is no excuse to say someone was using drugs or alcohol. These were serious crimes, the type where someone normally doesn't get probation.

"I don't know exactly what happened. I heard all these cases over the year and came to the conclusion you were there. You have to take responsibility to what you plead guilty to," Gibbons said.

Gibbons told Pierce there was a "light at the end of the tunnel." He said he has family support and a place to stay when he gets out.

"Stay out of trouble while you're in prison," Gibbons said.