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Saturday, September 21, 2024

City Attorney Wes Duncan Announces First Conviction in Jurisdiction of Newly Enacted Domestic Battery in the Presence of a Child Ordinance

The Sparks City Attorney Wes Duncan has announced that Everett Eugene Palo Trahey has been convicted of one count of Domestic Battery in the Presence of a Child and one count of Domestic Battery, 1st Offense.

On October 22, 2022, Sparks Police Department officers were dispatched to a call for service regarding a domestic disturbance. Upon arrival, the female victim indicated to officers that Trahey, her husband, began a verbal argument with her, which escalated to Trahey pushing her to the ground and striking her in the face repeatedly. The altercation was witnessed by the couple’s three-year-old son. While speaking with the female victim, officers observed swelling and red blotches forming into bruises on her face, as well as older bruises on her arms and legs. Trahey was arrested and charged with Domestic Battery, 1st Offense and Domestic Battery in the Presence of a Child.

On December 1, 2022, Senior Assistant City Attorney Zadora Hightower represented the City of Sparks at Trahey’s trial. At the conclusion of trial, the Honorable Shirle Eiting found Trahey guilty of one count of Domestic Battery, 1st Offense and one count of Domestic Battery in the Presence of a Child. During the sentencing phase, Ms. Hightower argued that Trahey’s violence in the presence of his three-year-old son, injury to the female victim, and his serious criminal history warranted a significant sentence.

“I am proud of our office’s effort to stand up for children living in the City of Sparks by securing this jurisdiction’s first of its kind conviction of domestic battery in the presence of a child,” said City Attorney Wes Duncan.

“In keeping with our zero-tolerance policy in the fight against domestic violence, we will continue to use all tools available to hold abusers accountable and protect children. This sentence should serve as a sign that we will continue to aggressively prosecute domestic battery related offenses, especially when the involve children,” Duncan stated. 

On October 10, 2022, the Sparks City Council unanimously approved Sparks City Attorney Wes Duncan’s proposal of adding the crimes of battery in the presence of a child, domestic violence in presence of a child, and abuse, neglect or endangerment to the Sparks Municipal Code. Prior to the passage of this law, there was no state specific statute prohibiting committing domestic violence in the presence of a child. Consistent with his launch of the “End the Silence of Domestic Violence” initiative, Duncan initiated this ordinance as he believed it was a necessary tool for police officers and prosecutors in the City of Sparks to protect children when domestic violence is committed in their presence or when they are the victim of child abuse.

As to the Domestic Battery, 1st Offense charge, Trahey was sentenced to spend 150 days in the Washoe County Jail and 30 days suspended to complete 48 hours of community service, complete 26 weeks of domestic violence counseling, pay a $200 fine, additional court fines and assessments, a $35 Domestic Violence fee, complete a parenting class on the effects of violence in the home, random drug and alcohol testing, and have no contact with the named victim.

As to the Domestic Battery in the Presence of Child charge, Trahey was sentenced to 180 days in the Washoe County Jail consecutive to the Domestic Battery charge, suspended for two years on the same conditions ordered for the Domestic Battery charge.

Media Contact from the Sparks City Attorney’s Office:

Roxanne Doyle

rdoyle@cityofsparks.us

(775) 353-2324

Original source can be found here

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