Probation revoked for murder victim's ex-wife

Probation was revoked Wednesday for 37-year-old Dawn Oxley who admitted drinking vodka in violation of her release and a second domestic battery offense.

"She's been on a multi-year runner with her problems with alcohol," said prosecutor Erik Levin.

In two years, Levin said, Oxley has pleaded guilty to two counts of driving under the influence and two counts of domestic battery.

"We can only do so much for a person. She knew the consequences," Levin said. "We can't stop her, but at least we can assure for the next 170-175 days she won't present a threat to the community."

Oxley's lawyer Tod Young said she had been undergoing treatment at Douglas Mental Health Center and was attending 12-step meetings.

"She's trying to deal with it," Young said. "She asks that you put her back on probation and give her another opportunity. She wants to be sober. She is very sincere about this."

Oxley was arrested Aug. 28 after deputies were called to a residence in the Gardnerville Ranchos where she and her teenage daughter were living.

The alleged victim said Oxley struck him in the face and body several times. A witness to the incident reportedly videotaped it on a cell phone.

She fled the scene on foot, but was arrested at her mother's home.

A preliminary test indicated her blood-alcohol content at .110, over the legal limit of .08. Oxley told deputies she had been drinking vodka.

Young showed the 6-second cell phone video to Senior Judge Steven R. McMorris.

He said Oxley claimed the victim awoke her and shoved her and that the incident was a continuation of an earlier argument. She said the victim had pushed her daughter.

Oxley was sentenced June 30 to 160 days, suspended, for domestic battery of her mother and teenage daughter.

As terms of her release, she was forbidden to consume drugs or alcohol and ordered to violate no laws.

She pleaded guilty Wednesday to the second domestic battery charge and was sentenced to 90 days to be served concurrently to the alternative sentencing violation.

In a letter to McMorris, Oxley asked McMorris to sentence her to 120 days so she could be out of jail before Christmas.

She said her son would be home on military leave and she was hoping to find a seasonal job "so I can give my two youngest girls somewhat of a Christmas."

"I have to concur with Mr. Levin," McMorris said. "She's had a lot of opportunities. The string has run out. She won't be able to drink in jail."

McMorris revoked her probation and sentenced her to 160 days in jail with credit for time served. Her release date is set for Feb. 8, 2011.

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

Her roommate, James Matlean, 23, was charged with first-degree murder on June 9.

He is being held in Douglas County Jail without bail.

He is set for a preliminary hearing Nov. 4-5.

The district attorney's office has said she is not a suspect in the murder.

In the past two years, Dawn Oxley has been convicted of two counts of driving under the influence, domestic battery and arrested for possession of a dangerous drug, and contributing to the delinquency of a minor.

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 for a week for drinking in violation of her release on the first domestic battery charge.