A Carson City teen's obnoxious statements after stabbing his ex-girlfriend and shooting at her father in December prompted a judge to give him a lengthy prison sentence Monday.
"I think the statements that you made ... were very inappropriate and clearly showed no remorse on your part," said Judge Todd Russell in rejecting the defense request for probation for Johnny "Nubs" Linville, 18.
On a charge of assault with a deadly weapon, Russell sentenced Linville to four to 10 years in prison and a consecutive sentence of two to six years in prison on a charge of assault with a deadly weapon.
According to court documents, on Dec. 26 Linville armed himself with two knives and a gun stolen from a friend's father to confront his 16-year-old ex-girlfriend. Then he went to her home and asked her to step outside.
When father Ed Beaumont heard his daughter screaming after Linville stabbed her in the back, he rushed out to find Linville pointing a gun toward the girl who'd fallen in the street. During a struggle between Beaumont and Linville, the weapon fired, but no one was hit. Beaumont then chased the teen, beating him with the gun, before rushing back to check on his child. Linville fled, surrendering a few days later.
Deputy Public Defender Marcy Flygare asked for leniency saying as a young boy Linville was kidnapped and abused by his father which led to drug and alcohol abuse in his teen years.
"Unfortunately on the date in question, John doesn't know why it happened or what actually happened in his head for this have actually occurred. He understand that this is wrong and he is quite remorseful for his actions," she said.
But, Deputy District Attorney Mike Bolenbaker noted that in a questionnaire to determine what sentence recommendation to give the judge, Linville had made derogatory comments about his ex-girlfriend.
"I'd like to give you an example of John Linville's remorse," said Deputy District Attorney Mike Bolenbaker "He was asked in the questionnaire, 'In your opinion how do you believe this crime affected the victim?' (He) replied, 'Made her not want to be with me and made her realize she shouldn't be (expletive) with people the way she does. Slut is what I'm referring to."
"When he was asked if he really felt that way about the juvenile victim he said yes, he does feel like she is a slut. So I don't know if that's what the defendant is referring to as remorse in this case, but if it is, I think that would warrant a prison sentence."
Beaumont testified Monday that he had also asked for leniency on behalf of Linville, but after hearing the comments made in the questionnaire he'd had a change of heart.
"My assumption all this time was that ... he was remorseful, that he knew his actions were completely out of line. Obviously that's not the case, and now I hear the statement that was read before the court and I hesitate to believe that Mr. Linville is all that remorseful," said Beaumont. "That night my daughter's screaming brought me out the front door and Mr. Linville already had the gun in his hand. The only reason he had that gun in his hand wasn't because he knew I was coming out the door. He was turned toward the street where my daughter had fallen and probably leveling on her getting ready to kill her. When I came out, he turned on me and he did not hesitate to pull the trigger."
Beaumont's daughter also spoke, saying she didn't think Linville deserved a lengthy prison term, but that she was afraid.
"I do not believe that John is a threat to society, and I don't think that a lot of prison time would do him good, but I do think that some prison time should be served," she said, her voice choked with emotion. "And to be honest, your honor, I don't feel safe if he were to be out while I'm still in Nevada."
Linville read a statement to the court, apologizing for his actions and asking for probation.
"From the moment I woke up sober the next morning after the incident, I knew what I did was wrong, and I realized the severity and the magnitude of my crime," he said. "After three months of nonstop thinking I still can't think of a logical reason for what I did that night and that's cause there isn't one. ... but what I do know is alcohol took a big role in what happened on the night of December 26.
"I'm still just a young boy and I'm very concerned about my future at this point. My future doesn't have to be in prison. I would like to be given the chance to get out there and get my life back."
But the angry words Linville made after the assaults were his undoing, Russell said.
"First of all I think your very fortunate not to be facing two murder counts. Obviously you went there with intent to cause harm to somebody. Obviously when you were confronted by the father, you took a shot at him. So, as a result of those actions, it's clear to me that ... you intended to do the harm that you intended to do," the judge said.
Linville was given credit for 84 days time served. Because Russell made the sentences consecutive, Linville must serve at least four years on the first count before becoming eligible for parole. If paroled, he then must serve at least two years on the second count before parole eligibility.
