Daniel Angel Escalante appeared in the Tenth Judicial District Court in Fallon last December to be arraigned on a charge of Attempt to Commit Battery Causing Substantial Bodily Harm, a “wobbler” that can be sentenced as a Gross Misdemeanor or as a Category D Felony, punishable by 1-4 years in prison. At that time, Escalante entered a plea of No Contest, and sentencing was set for March 5.
During the March 5 hearing, it was discovered that certain court documents were not properly filed and proceedings were halted. As a result, Escalante’s hearing was continued to April 2, in which a dispute arose over the factual basis of the charge. Defense attorney for Escalante, Steve Evenson Esq., stated upon Judge Stockard’s inquiry as to whether or not there were any factual corrections to the Pre-Sentencing Investigative (PSI), that his client completely disagrees with the factual scenario presented.
During Deputy District Attorney Prescilla Baker’s arguments during the March 5 sentencing hearing, she stated the victim is a church-going female victim who agreed to go out with Escalante. On their first date, the two discussed sex; however, she told Escalante that she was not interested. At some point, Escalante asked her to help clean his house. Due to a transportation issue, she agreed to spend the night and clean in the morning. She woke up to being assaulted.
Baker submitted into evidence a written Victim Impact Statement, and asked the court to sentence the charge as a felony. According to Baker, the victim maintains this was not a consensual sexual encounter, and she thought she made it clear to the defendant that she was not interested. Further, Baker stated that the victim feels that as a result of this incident, she cannot trust men.
Offering an order of events contradictory to Baker’s, Evenson asked the court to keep in mind that after the sexual act took place, the victim stayed and cleaned the defendant’s house. He further stated the victim declined to meet with the Division of Parole & Probation during the pre-sentencing investigative (PSI) process, declined to testify, and declined to come to court for this hearing. Evenson said that his client clearly put himself in a situation where these allegations could be made; however, he concluded by saying that his client is a hardworking man, well known in the community with several people in support of him. Evenson asked Judge Stockard to sentence the charge as a Gross Misdemeanor and grant probation with no jail time.
Escalante addressed the court, stating that his opinion of what took place is vastly different than the victim’s, and this ordeal is the worst thing that has ever happened to him. Escalante expressed to Judge Stockard that he would appreciate it very much if he could be granted probation.
Upon ruling, Judge Stockard said he considered the arguments of counsels, Mr. Escalante’s words, the Victim Impact Statement, witness testimony, the PSI, and all other information on the record and sentenced the offense as a Gross Misdemeanor. He received one-year probation on a suspended 364-day jail sentence. Stockard ordered no contact with the victim, subjected Escalante to the standard terms of probation, and imposed all applicable fees.
See the article titled “Sentencing Delayed in Escalante Battery Case" in the Fallon Post, March 15, 2024, for the full report on the March 5 hearing.
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