Daniel Lane Holley, 39, has been found guilty of Assaulting a Police Officer stemming from a September 30, 2011 domestic disturbance at Holley’s west side Carson City residence.
Carson City Sheriff’s deputies were called to Holley’s residence at approximately 5:30 p.m. on September 30, 2011, after a neighbor called 9-1-1 to report a loud disturbance coming from the house. Holley was gone when deputies arrived, but his girlfriend reported that Holley was very intoxicated and had been causing a disturbance at the house and in front of their infant child.
Sheriff’s deputies left the scene, but were called back a short time later after Holley returned and threatened to break the door down. Again, Holley left the scene before deputies arrived.
As deputies were preparing to leave the second time, Holley returned to the residence and entered the back yard. Carson City Sheriff’s Deputy Thomas Miller testified that the girlfriend came running out the residence “in a panic” and told them “it’s him.”
Carson City Sheriff’s Sgt. Earl Mays testified he saw Holley coming around the side of the house and immediately identified himself as a sheriff’s deputy and ordered Holley to stop. Holley put his hands up in “boxing stance” and sprinted toward Sgt. Mays. Sgt. Mays side-stepped Holley, who fell to the ground in the middle of Division Street. Holley stood up, raised his fists, and again charged Sgt. Mays.
Deputy Miller and Sgt. Mays fired their tasers at Holley, but Holley pulled the wires out and charged Sgt. Mays a third time. Holley was pepper-sprayed, but continued to charge at the deputies until a third deputy arrived and tasered Holley in the chest, bringing him to the ground. Even while on the ground, Holley continued to struggle and resist until deputies were finally able to handcuff him.
Carson City District Attorney Neil Rombardo said, “Statistically, domestic disturbances are among the most dangerous investigations law enforcement officers respond to. They go into these situations as peace-keepers, knowing the scene will likely be volatile. They should not have to put up with being assaulted and battered while doing their duty.”
Holley testified during the trial that he was too intoxicated to form the intent to commit an assault and that he did not know the men, who were in uniform, were Sheriff’s Deputies. A preliminary breath test indicated his alcohol level was approximately .25.
Deputy District Attorney Melanie Porter, who tried the case, pointed out that voluntary intoxication is not a defense under Nevada law.
The jury returned its verdict on Friday, January 6, 2012 after a two day trial in front of Judge James T. Russell. Mr. Holley will face up to one year in jail when he is sentenced on March 26, 2012.