Woman receives prison sentence in motel room beating death
April 18, 2003
A Carson City woman, whom prosecutors contend was the catalyst for a deadly 1998 confrontation, will spend up to five years in prison, a judge decided Thursday.
Jessica Evans, 24, was sentenced by Judge Michael Griffin for her involvement in the motel room beating death of Sammy Resendiz on Aug. 21, 1998.
“Nobody intended to kill anyone, but someone was beaten cruelly to death in a very short time,” Griffin said in sentencing Evans for felony battery with a deadly weapon resulting in substantial bodily harm.
Griffin said if Evans hadn’t rallied a group of American Indian cousins and friends to defend her after she was struck at a party by gang member Israel “Muppet” Ralla, Resendiz’s death “would never have happened.”
When the group returned carrying chains, bats and pipes, two men uninvolved in Evans’ earlier fight were all that remained in the Round House Inn room.
Carlos Lainez survived the attack by hiding under a vanity, said District Attorney Noel Waters. But Resendiz, 25, sustained 18 to 22 blows to the head and body. He died 13 hours later.
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“She was drunk and obnoxious. She was insulting,” Waters said in describing the events that led up to the fight between Evans and Ralla. “It’s not all that surprising that some macho Mexican decided to punch her in the nose.”
He said a drunken Evans exaggerated the number of gang members in the motel room and the fight she had with Ralla, and “as a result a man died.”
Evans, who often looked at her infant son in the arms of a family member, was tearfully apologetic.
“I’m sorry. I regret going to the room,” she said.
Her attorney. John Oakes, said Evans has been “nothing but an angel for the past 4 1/2 years.”
Lew Dutchy, 29, the oldest of the 1998 group, was sentenced to prison after pleading guilty to felony battery with a deadly weapon causing substantial bodily harm in the assault on Lainez. Griffin sentenced Dutchy to 26 to 65 months in prison.
Fred Fred, 23, received 90 days in jail, 100 hours of community service and five years’ probation on a charge of battery causing substantial bodily harm. Prosecutors don’t believe Fred Fred had a weapon.
Silvia Fred, 22, who is pregnant, received one year probation and 150 hours of community service on a charge of gross misdemeanor conspiracy to commit battery with a deadly weapon. Sylvia Fred contends she never went into the motel room, but only drove others there.
Clint Malone, 19, the only defendant to plead guilty to two charges, received 18 months in jail for felony battery with a deadly weapon resulting in substantial bodily harm and gross misdemeanor conspiracy to commit battery.
Michael Kizer, 18, received 30 days in jail and a one-year suspended sentence for gross misdemeanor conspiracy to commit battery.
Each of the defendants must pay $24, 067 in restitution for Resendiz’s medical and funeral costs and $250 to the public defender’s office.
Griffin placed the blame partly on the shoulders of the defendants’ parents, saying they should have known if their children were out drinking.
“Had any of these people had the sense to say ‘I’m going home,’ none of this would have happened,” Griffin said. “If anyone had a lick of sense — the parents or the kids — they could have stopped this. It’s important to realize this is a brutal murder. There’s punishment in the death of someone.”
Rocky Boice Jr., 24, the only defendant in the case to face a jury, was found guilty in September of second-degree murder and is serving a 20- to 50-year sentence. Two others — David Moyle and Alejandro Avila –pleaded guilty to lesser charges early on and received probation.
Jaron Malone, 19; Julian Contreras 19; and Elvin Fred, 19, will be sentenced Thursday.