Staff Reports
A 36-year-old Carson City man was sentenced May 13 to 90 days in Douglas County Jail, suspended, after he pleaded guilty to trespassing in what he said was an attempt to remove belongings from his home.
Gabriel Munoz originally was charged with felony invasion of the home after a neighbor reportedly saw him breaking into his home.
Prosecutor Laurie Trotter said the charge was reduced because the state couldn't prove whether a lock was broken before the April 29 incident.
She said Munoz's wife had an argument with him on April 28 and asked the defendant to leave and not return. She had a temporary protection order against Munoz.
The next day, a neighbor saw Munoz enter the house through a window.
"He had no right to be there, he had no key," Trotter said.
She said Munoz was easy to identify because he had "COMPTON" tattooed on the back of his head.
She said the neighbor and Munoz's wife were concerned for their safety because the defendant was a member of the Lima Street gang.
"My wife got mad at me. She told me to leave and come back the next day to get my clothes," Munoz said. "I don't understand. I was living there."
Attorney Kris Brown asked that Munoz be sentenced to the 14 days he served in Douglas County Jail since his arrest.
"He was living at the residence. There was a disagreement. His wife told him to leave. She packed up his clothes and texted him to pick them up," Brown said.
She said her client went to the house when no one was home and avoided a confrontation.
"The only thing he took was clothes," Brown said. "It was a bad decision on his part, but I don't think it was evil intent."
She said the incident occurred at 2 p.m.
"It was broad daylight. I don't think there needs to be over-the-top punishment," Brown said.
Perkins sentenced Munoz to 90 days suspended for two years.
He was warned not to violate any laws or a temporary protection order.
Munoz is forbidden to contact his wife, the neighbor who reported the incident, and their families.
Perkins also told Munoz's wife she cannot contact him. Any visitation issues involving their children must be addressed in court.
"If you guys want to have a talk, come in (to court) and ask for a hearing," Perkins said.
He released Munoz on Friday.
