Part I
The wild west is alive and well in one Nevada county, but not in a good way.
Esmeralda County, one of Nevada’s original counties, is rich with legend and history. Once home to the infamous Northern Saloon in the early 1900s, which was owned in part by Wyatt Earp, the saloon was famed for having the longest bar in the country with 80 bartenders on hand to manage the rowdy mining clientele.
A lot has changed for Esmeralda County since Earp’s time. Instead of being the most populated region in Nevada, it is the least, with less than 900 souls. Some think Goldfield’s ghosts may even outnumber the county’s living residents. But just because the area is no longer densely populated does not mean that the lawlessness of the Old West is welcome to return and run roughshod over the citizens of that area or those passing by.
Regrettably, the new sheriff elected in November tasked with keeping crime at bay in Esmeralda County is not legally qualified for the position. Nick Dondero, a former Churchill County resident and Fallon Police Department officer, lacks the needed certifications to be a peace officer in Nevada – much less a sheriff. While most credentials could be obtained through the Nevada Peace Officers’ Standards and Training Commission (POST), a critical one cannot – the right to own, possess, or carry a gun.
In Nevada and throughout the U.S., peace officers carry guns, and by state and federal law, felony convictions and crimes that constitute domestic violence strip individuals of their gun rights. Sheriff Nick Dondero is one such individual, having lost his rights and privileges under the Second Amendment after a misdemeanor domestic battery conviction in Churchill County 16 years ago.
One might think this would be the end of the story and election was out of the question. But that would be wrong. In addition to the illegality of prohibited persons possessing firearms, something quite common in the criminal community, there is the business of such a person seeking elected office for a high-ranking law enforcement position.
This all came to light last fall in the quiet Esmeralda County Seat of Goldfield, Nevada. Prior to election day, the sheriff’s office received an envelope with no return address or indication of who may have sent it. Inside was a 2007 Judgement of Conviction (JOC) from Fallon’s New River Township Justice Court and investigation documents related to an offense with the named defendant – Nicholas Dondero.
Upon receiving this information, the Esmeralda County Sheriff’s Office attempted to contact Churchill County Sheriff’s Office, according to sources close to the story. However, they were unable to confirm the conviction. It became evident shortly after that Dondero’s records must have been sealed, as evidence of his conviction was unobtainable. No further action was taken by the sheriff or county officials.
According to the JOC, the former Fallon PD officer was charged with Battery that Constitutes Domestic Violence, a first-offense misdemeanor, to which he entered a plea of no contest and a suspended sentence.
The accompanying investigation report stated that in January 2007, after what appears to be a period of tension and strain following a breakup, Dondero was meeting his ex-girlfriend for a custody exchange of their 22-month-old child. An argument ensued, after which Dondero reached over the truck’s seat, grabbed the victim by the neck, then by her arms, and slammed her into the door. He knocked the phone out of her hand when she tried to call 911 and left the scene.
When sheriff’s deputies arrived, they documented a red mark in the middle of her throat “that appeared to be bruising.” An arrest warrant was issued for battery/domestic battery for Dondero.
Other problematic information was discovered regarding Dondero’s frame of mind in the weeks leading up to the incident. Specifically, Dondero told a law enforcement officer from another jurisdiction, “he had been sitting near the Fallon PD with a gun, and if he had more ammo, he would have shot the place up.” It was also reported that “Nick said he was going into Reno to buy an AR-15 and was ‘going to use it.” Dondero later alluded he was “just kidding,” but law enforcement considered the threat serious at the time. No determination was made if he ever purchased the weapon.
In addition to the January domestic violence incident that resulted in his conviction, other reported disputes and harassment complaints were made, ultimately resulting in Temporary Protection Orders. The first was served to Dondero in custody at the Churchill County Jail.
Three days before sentencing on May 27, 2007, Dondero absconded with his son after a scheduled visit. According to related documents, it took an Ex Parte Order for Temporary Child Custody and an Order Directing the Return of the Minor Child to the Jurisdiction for him to return his son. After which Dondero was provisionally denied visitation.
Various sources reported that Dondero had difficulty with his supervisors at the Fallon PD, where he worked for approximately seven months. He also worked for the Fallon and Walker River Paiute and Shoshone Tribal Police, each for about a year. Dondero was no longer in law enforcement at the time of his conviction and there is no available documentation that he has been a peace officer since – until he took his seat as Esmeralda County Sheriff in January.
In Nevada most rural counties, elected sheriffs have one year to meet POST requirements. While Dondero previously had the necessary training and certifications, he would need to repeat the process due to the extended time since he attended the police academy. However, recertification is not an option for him. Due to the domestic battery conviction, he is prohibited from possessing a gun. Unless, of course, he has received a pardon. According to the Nevada Board of Pardons Commissions, he has not.
How has Dondero secured his position? In short - a sealed record. However, this does not change the law regarding prohibited persons from possessing guns. While one may argue that Dondero might not be the person he was 15 years ago, there are several concerns at play. Concerns like unlawful actions, lack of transparency and accountability in law enforcement, compromised public trust, and the potential misuse of power.
Stay posted for Part II next week, where we will address these concerns and bring in the ATF, the Nevada Attorney General, POST, Esmeralda County officials, and Governor Lombardo. Requests for comment went unanswered by both the Esmeralda County Sheriff’s Office and the District Attorney.
To read last week’s article on Senate Bill SB225, which, if passed, expressly adds language to existing law prohibiting peace officers from having domestic violence or felony convictions, check out https://bit.ly/43rGwsa. This story is the third in a series of articles about the many facets of domestic violence – “Behind Closed Doors: Unveiling the Complexities of Domestic and Family Violence Across Generations.”
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