Defense Motion For Dismissal Fails In Battery Case
A defense effort to have a case dismissed after the defendant pleaded guilty to the charges failed and the case will move forward to sentencing.
Quintin Boyles, 35, will be sentenced for battery causing substantial bodily harm on April 26, as scheduled.
Boyles was arrested last November and pleaded guilty to battering his wife, who was left unconscious on the floor of the home she shared with her husband. When she regained consciousness in the early morning hours she was alone as her husband had fled with the couples two children.
The victim called 911 and was later flown to Reno for life-saving surgery after it was discovered her clavicle had been broken during the beating and was dangerously close to her heart.
Boyles was in court Thursday (April 26) for the hearing on a defense motion to have the charges dismissed over allegations his due process rights were violated by actions taken by the Humboldt County DAs Office and bias by the Department of Public Safety Parole and Probation Division.
The defendants attorney, Larry Dunn, first asked the court to grant the motion for dismissal due to the lack of a response from Humboldt County DA Roger Whomes.
Whomes actually responded to the motion, but failed to cite any case law, statutes, and never used the words due process even once.
Judge Richard Wagner struck the response from the DAs Office, but declined to dismiss the charges.
Larry Dunn also called into question his clients ability to get a fair sentencing hearing over ex parte communication between the DAs Office and the court.
Both sides, in fact, sent letters to the court. The defense sent letters in support of Boyles from friends; the defense sent a victim impact statement, etc.
Judge Wagner adamantly denied seeing any ex parte communication from either side.
Although the defense complained about the personal attacks the defendant received at the hands of Deputy DA Whomes, Judge Wagner stopped short of calling it prosecutorial misconduct. He advised the defense to report the conduct to the Nevada Bar if they believed there was misconduct.
As for P&Ps pre-sentence investigation report, the defense broadly suggested the PSI writer was biased against the defendant.
The defense called the PSI writer, Debbie Okuma, to the stand to question her about statements she made at a little league game that the defense intended to show demonstrated her bias.
Okuma said she was concerned for her safety after the defendant suddenly started attending her church, where he attempted to engage her in conversation, then showed up at her sons little league baseball game.
Friends of Okumas, who are also friends of Boyles, testified to comments she made at the game.
Teresa Ricketts and Heather Nelson testified that Okuma recounted how Boyles beat his wife and the injuries she suffered as a result. Both acknowledged they knew of the allegations but did not believe them.
Okuma denied releasing any information from the PSI, which is not a matter of public record. She said the fact Boyles beat his wife and broke her clavicle were a matter of public record.
She further stated shes allowed to express her own personal opinion that people who beat their wives should go to jail.
Okuma said she was afraid when Boyles suddenly showed up at her church, so much so she didnt go back. Then, when he also showed up to the little league game, she was very afraid.
Dunn argued the PSI should be an independent analysis and broadly suggested Okuma had been in collusion with the DAs Office, allegations Okuma denied.
Okuma explained while she writes the PSIs, the information comes from police reports, interviews with those involved, including the defendant and the victim, etc. Further, Okumas work is checked by a supervisor.
The PSI does include sentencing recommendation, but ultimately the sentence is up to the judge.
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