Dale Al Happy, Jr., 26, sat up straight and paid attention. On March 4, 2019, Sheriff’s officers drove him from jail to the 11th Judicial Court for a revocation hearing. If the judge revoked his probation, the next stop could be state prison.
In an unrelated case, Happy faces additional sentencing in a Washoe County courtroom. On June 11, 2016, a South Reno grocery store’s surveillance camera recorded him entering and exiting the building. He fled with a six-pack, a store employee in pursuit. Happy turned and punched his pursuer in the face. That punch could add up to another five years to his incarceration.
Happy’s meth-fueled tagging spree began two years ago. The defendant admitted to spray-painting several Lovelock houses, government buildings and stop signs. As soon as the owners repaired the damage, the tagger struck again.
The tagging continued for several months and resulted in $7,000 worth of damages. Victims included Treasures Bookstore, the Lovelock Trading Post, the Lovelock Nugget and others.
Surveillance cameras showed a small group of young men leaving their temporary mark on Lovelock. One kept an eye out for the police. They operated under the cover of darkness.
“I wasn’t thinking. I didn’t care. I was taking drugs and drinking,” Happy told Judge Jim Shirley at his sentencing on March 20, 2017.
The DDA’s Office dropped the drug charges in exchange for a guilty plea to felony vandalism.
“You did not just damage people’s property,” Judge Shirley told the defendant at the March 2017 hearing. “You damaged a town’s sense of security.”
In 2017,the judge gave Happy 19-34 months in prison, suspended, with probation up to five years. He ordered restitution and added an additional 90 days in jail because of the egregious nature of the crime.
Two years later, on Monday, March 4, Happy admitted to violating several of the conditions of his probation. On May 16, 2018, he fled from Idaho House, a drug treatment facility.
The Pershing County Division of Parole and Probation got a tip that Happy had returned to Lovelock. They tracked him down, but the defendant climbed a fence, ran out back doors and hid behind houses to elude capture. The foot chase ended in Happy’s apprehension and incarceration in the Pershing County jail.
“I’m sorry for absconding from Idaho House,” Happy told Judge Shirley before sentencing. “I was having problems with my girlfriend and being away from home for so long.”
Happy also admitted to being $390 in arrears on his payments to the Division of Parole and Probation. Further, he tested positive for methamphetamine on Dec. 10, 2017, and marijuana on Jan. 3, 2018.
“Mr. Happy has admitted to the violations,” acknowledged his defense attorney, Kyle Swanson. “However, the fact that he did well in the early part of 2018 at Idaho House shows that, with supports, he can work probation effectively. He doesn’t like this lifestyle and wants to be off of it. He apologizes to the court for going in the wrong direction.”
DDA Banks disagreed.
“Mr. Happy absconded from Idaho House,” he said. “He’s shown a complete lack of ability and zero willingness to comply with the gracious terms offered by the State.”
The DDA asked the judge to revoke Happy’s probation and impose the underlying prison sentence.
Happy took advantage of his right of allocution. He spoke to the judge before sentencing.
“I’m sorry for absconding,” he said. “I’d like a chance to show I can be a good husband and father.”
Judge Shirley revoked Happy’s probation and sent him to prison with 336 days credit for time served.
“A lot of people in the community were damaged by your actions,” said the judge. “I gave you a good chance.”
