WINNEMUCCA - Nicholas Henry Holley, who was arrested in October on suspicion of shooting at a victim on a front porch in Winnemucca, was sentenced Monday to 28 to 72 months in prison for two separate charges: discharging a firearm at or into a structure and assault with a deadly weapon.
Sixth Judicial District Judge Michael Montero ordered that the sentences run concurrent.
According to court documents, Holley had spent the night across the street from the victim prior to the incident. In the morning when he was leaving, the neighbor yelled at Holley and he retaliated by firing a weapon at the victim.
Public defender Matt Stermitz, argued that Holley is still a young man (21 years old) and has the potential to turn things around and do things right from now on.
Stermitz acknowledged that Holley did fire a gun at the front porch, but also said that he did not actually hurt anybody.
Deputy District Attorney Roger Whomes disagreed and said that "all he had to do was make one little mistake and he could have killed a child," referring to the infant that was in the home at the time of the discharge.
Whomes said he did not object to the request that Holley's sentences run concurrent, but asked that he be given the maximum sentence for each charge, which is 28 to 72 months.
"He may have been antagonized," Whomes said, "but firing a gun was not justified."
Whomes also said that Holley discharged the firearm toward a congested area of town and any number of alternate (and worse) scenarios could have resulted from the shooting.
The state's request differed from parole and probation's recommendation that Holley be sentenced to 19 to 48 months for each charge, but that they run consecutive.
Stermitz questioned parole and probation's recommendation that Holley's sentences run consecutively, but officer Bryan Waters stood by the recommendation and said that the division followed the proper procedure to determine it.
Holley told the court that the victim was "attacking me with words," and he did what he thought was right in the heat of the moment. Holley said he could be a success if given the chance and that prison would only cause more problems.
Judge Montero decided, however, that maximum prison sentences were appropriate and ordered that Holley be remanded back to custody to carry out the sentence. He was given credit for 141 days served.
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