John Hamrick
A man who went to prison for felony domestic battery who had been out for less than a year is going back after he received a 2-5-year prison sentence for yet another domestic battery.
John William Hamrick, 36, initially denied the March 19 incident his attorney said stemmed from an argument with his ex-girlfriend.
Matthew Ence said that if there were no priors, it would have been a misdemeanor.
Prosecutor Erik Levin countered that was why subsequent domestic batteries have increasing penalties. He said that over the past 17 years, Hamrick had 21 criminal convictions.
Hamrick originally sought a trial, but that was vacated in mid-June after he agreed to plead guilty to the charge.
“The time I’ve spent in jail has not gone to waste,” Hamrick said. “I’ve reached out in every direction I could for help.”
However, District Judge Tom Gregory said Hamrick had several opportunities for help. He said that Hamrick was paroled on a prior felony domestic battery in May 2021 and was arrested again in March.
Hamrick has been in custody since his arrest in lieu of $25,000 bond.
Hamrick was sentenced to 1-3 years in prison in February 2020 in connection with a Dec. 2, 2017, fight. It was his third domestic battery in seven years. While initially denying the charges, Hamrick eventually admitted the charge and was given 240 days credit for time served in jail awaiting trial.
• A fourth felony drug conviction in a year resulted in a Carson City man’s probation being revoked and another prison term.
James Albert Hernandez, 34, was on probation on three prior possession charges when he was arrested with heroin on May 21 at the CVS in Stateline.
Hernandez appeared in Douglas County District Court after he waived a preliminary hearing in Tahoe Township Justice Court.
According to a letter provided by attorney Matthew Ence, Hernandez had been accepted to Vitality in Elko.
“It’s clear from his history that he has a substance abuse problem,” attorney Matthew Ence said in arguing for probation.
Hernandez faced 2-5 years just on the three probation violations, prosecutor Patrick Ferguson said. Hernandez admitted to the probation violations in June.
Hernandez was in a treatment program but walked away.
“It’s futile to continue to attempt to rehabilitate him,” Ferguson said.
Hernandez was found guilty of possession of a controlled substance with three or more prior convictions.
District Judge Tom Gregory said that if he hadn’t had a criminal record from before the four cases, he might have considered taking one more chance on him.
“I believe we’ve made all effort to rehabilitate you and prison is appropriate,” Gregory said.
On Monday, Hernandez was sentenced to 12-30 months on the most recent drug charge and his probation was revoked on the three violations.
He’s been to prison for possession of a controlled substance for sale after he was sentenced to 12-30 months in Douglas County on April 30, 2018.
