On Tuesday, February 21, 2023, with Judge Thomas Stockard presiding, Dominic Richard Deleon, in custody, appeared for sentencing on the Category B Felony of Battery with a Deadly Weapon Causing Substantial Bodily Harm.
Assistant District Attorney Lane Mills said the victim does not want the defendant to go to prison as “prison will not benefit him.” Mills also spoke of having a responsibility to protect the public from “random acts of violence,” as he explained, “this was just that, a random act of violence.” The victim did not know the defendant. The victim was a long-haul trucker who pulled over because he thought he hit something.
He then encountered Deleon who pulled a gun and attacked him. The law enforcement officers who located the victim found him severely beaten.
“His face and hair saturated with blood; eyes swollen shut, bruising around them,” said Mills. The victim had a ½ to 1-inch gash above his left eye where you could see the bone of his skull. Mills stated there was blood everywhere, on the outside and the inside of the truck’s cab. He said the defendant “also took his phone and recorded it.” Mills then quoted the vulgar, crude words the defendant used as he beat the victim. At one point saying, “Check this high kick,” as he kicked the victim in the face three times.
Mills told the court, “This conduct is just horrendous. Anything short of a serious prison sentence does not do justice to this case.” Mills concluded his argument by stating, “The man was care flighted. He was hurt.” He said the victim may “have a big heart, a heart of gold” but we have an “obligation to our public to protect them from this defendant.” He asked for “a significant, significant, prison sentence.”
Public Defender, Jacob Sommer began his argument by stating, “Largely we do not disagree with the state’s arguments.” He said the defendant recognizes his behaviors are “just reprehensible, and scary, and something he is embarrassed to even be a part of.”
Sommer stated there has been a lot of talk about protection and that is an important aspect of the process. He noted that “None of us can see the future,” although some want to be able to say we can predict what’s going to happen because of the past. He said that “doesn’t recognize that people can, number one, learn from mistakes and number 2, change.” Sommer pointed out that the defendant has not led a life riddled with crime and substance abuse. “In fact, this is the single and only criminal offense that I’m aware of in his life.” He stated this one event was essentially fueled by a mental break and substance abuse. “It was alcohol. It was mental health issues. All of those things combined to create this horrific experience.”
Sommer said, “a sentence that is severe enough to send a message could be imposed and suspended.” If Deleon didn’t conform to the rules of society and the conditions of probation, he could then be incarcerated. Sommer said he feels the defendant has learned some important lessons. He explained if granted the privilege of probation, Deleon would be living with his father. He stated Deleon is not a resident of Nevada, “He was merely traveling through Nevada at the time of this occurrence.”
Judge Stockard imposed fees and assessments, then sentenced Deleon to 55 -144 months in Nevada State Prison. He stated, “I’ve considered probation. I don’t find it appropriate given the facts and circumstances of the case.”
Deleon was remanded to the custody of the Sheriff for imposition of the sentence.
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