Man pleads guilty to resisting officer
December 11, 2013
An Indian Hills man pleaded guilty Monday to resisting a public officer with a firearm, saying it was in his "best interest" to admit the felony in connection with his an incident at Olive Garden in Carson City.
David Paul Lane, 56, faces up to five years in prison and a $10,000 fine at his sentencing Feb. 10.
Lane is being held in Douglas County Jail without bail and is set for a status conference Tuesday on charges he faces in Carson City.
Lane's lawyer, Derrick Lopez, said his client's guilty plea Monday had no bearing on the Carson City charges.
Lane is charged with brandishing a gun and threatening employees July 21.
The Douglas County charges were a result of his arrest at his Indian Hills residence, where he allegedly fled after the restaurant incident. Lane is accused of assaulting the deputy who arrived at his home to make the arrest.
"Mr. Lane disagrees with the deputy's account, but decided to accept the resolution," Lopez said. "He said he never pointed a firearm at him, never had the firearm in his hand. The officers contend he was reaching for the weapon in his waistband."
In exchange for his guilty plea, a misdemeanor plea of carrying a concealed weapon, a Glock 9mm pistol, is to be dismissed.
In Carson City, Lane faces four charges of assault with a deadly weapon and one charge of carrying a concealed weapon.
Lane allegedly threatened the restaurant manager and chef. Two employees testified at a preliminary hearing in Carson City that he pointed the semi-automatic pistol at them as well.
His Carson City trial date is set for April 2.
Witnesses said Lane showed up at Olive Garden demanding to see the manager. The manager said she met with him, and he didn't really say why he was upset. She said he refused to calm down and demanded to go into the kitchen.
That's when he pulled the gun and pointed it at her, she said.
The chef said he confronted Lane, and Lane responded by holding the weapon next to his head and pulling back the weapon's slide, cocking it and asking if he wanted to die.
Lane was arrested shortly after leaving the restaurant; the manager gave his license plate number to deputies.
Lane said Monday that when a deputy arrived, he didn't see his uniform, badge or weapon.
He said the officer did not give him a command or order him to give up his weapon.
"It's my word against theirs," Lane said. "I don't agree with it. It's hearsay, but I can't fight it. Two officers said I did this. I had committed a crime in Carson City."
According to court documents, the handgun had 17 rounds in the magazine and one round in the chamber.
The weapon has been forfeited.