Elizarraraz Sentenced Five Years to Life in Prison

Gage Thomas Elizarraraz, in custody, appeared on February 25 for a continued sentencing hearing in the Tenth Judicial District Court in Fallon before Judge Thomas Stockard. Elizarraraz pleaded guilty in September to Category A Felony charges of Incest.

Deputy District Attorney Priscilla Baker began by telling the court that based on the defendant's history and his psychosexual evaluation, the state would be asking for a sentence of two years to life in prison.

Baker argued that there is a need to protect the victim – and society, from Elizarraraz, who, in the state's opinion, "will likely reoffend because he doesn't believe it's wrong, he just knows it's against the law," referring to notations of Elizarraraz's statements in one of the evaluations. Baker also reported that Elizarraraz abused the victim repeatedly over five years. 

Charles Woodman Esq., defense counsel for Elizarraraz, began by telling the court that prior counsel in juvenile matters said the defendant just would not be found competent. He said that as he got to know his client, "I understood completely why…" 

Woodman expressed that he still has grave doubts about the extent to which his client should be facing the charges he is facing. He pointed out Dr. Hixon-Brenenstall's psychosexual risk assessment said Elizarraraz has neurodevelopmental impairments, accompanying intellectual impairment, and academic skill functional deficits. He cooperated and put forth the effort and took the evaluation seriously "to the extent he was able";  he didn't graduate high school; he is psychologically unsophisticated; his adaptive and life skills are impaired, and he benefits from external supports to manage daily needs. 

"When we look at her assessment of what he needs, he sure as heck doesn't get that in prison." Woodman told the court, "So much of this case has to do with this young man's capacities, and I just believe the court has to give that significant deference in deciding what an appropriate sentence is." Woodman further stated that under all the right conditions, he believes Elizarraraz is probatable. If not, 2-5 years in prison is appropriate as there is likely to be lifetime supervision. 

Elizarraraz told Judge Stockard, "I want [the victim] to be happy, safe, and well. And that's it."

The victim was present via Zoom for a victim impact statement. Baker asked her to tell how Gage's behavior affected her. She stated, "I'm actually pretty scared and traumatized." She said she doesn't want him in her life but doesn't want him to have a life sentence; if she could change things that happened, she would; "But I cannot. So, all I can do is roll with what I have to right now." 

Judge Stockard sentenced Elizarraraz to five years to life in prison; he must register as a sex offender and will be subject to lifetime supervision upon release. Judge Stockard told him, "I have considered probation, which you are eligible for, but I am not going to grant you that privilege." Elizarraraz was remanded to the custody of the Churchill County Sheriff for imposition of the sentence.  

Following sentencing, the victim addressed Elizarraraz directly, saying, "I do just want to say, at first, I did not forgive you. I am starting to a little bit."