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Antonio Spina
A Fallon man still facing a murder charge was sentenced Tuesday morning from 28 to 72 months in prison for being an ex-felon in possession of a firearm.
Antonio Spina, 69, was transported to Fallon from the Nevada State Prison in Ely for Tuesday's sentencing where he is serving time for stabbing another inmate in the neck with a sharpened pencil while incarcerated at the Churchill County Jail.
Spina is awaiting trial in the shooting death of Jason Taylor in November 2006 at a residence on Sprig Lane. Taylor, 34, was allegedly shot three times with a Taurus .41- caliber revolver after a pit bull puppy bit Spina. The dog was also shot but recovered. Spina's murder trial is scheduled to start Sept. 21.
John Oakes, one of Spina's attorney, said his client insists many of the past crimes leveled against him were not true, but Oakes added Spina claims to have never been in locations where some of the crimes occurred.
Oakes wondered why the district attorney's office wanted to charge Spina with being a habitual criminal since some of the crimes were more than 30 years ago. Spina had been charged and convicted in 1975 of first-degree assault in Colorado and being a felon in possession of a gun in 2000, both felonies.
“How much is enough?” Oakes asked. “He wants to have a reputation as a tough guy. He freely admits he stabbed a person with a pencil.”
Oakes said if Spina had stabbed a person with a pencil while not incarcerated, it would have been treated as a misdemeanor, Instead, he was sentenced to 18 to 20 years in prison.
“Everywhere he goes he is doing hard time,” Oakes said. “He says what he means. He's consistent with his orientation. My question is how much is enough. He is what he is, but I do not think he is a habitual criminal.”
David Spitzer, another attorney representing Spina, said some of the past crimes are trivial and that the Colorado assault conviction was 32 years ago.
Deputy District Attorney Lane Mills said he thinks the court is well aware of an interview Spina gave and the two prior offenses.
“There is a reason why ex-felons cannot have firearms. He has a substantial criminal history,” he said, mentioning the history of crimes would have been worse if Spina had not spent so much time in prison.
“He's dangerous. He is a very dangerous man,” Mills said. “We need to protect the citizens of the state of Nevada.”
Spina said he thinks it is appropriate he was in court just days before July 4, and he added the U.S. Constitution allows him freedom of speech and the right to bear arms. He also said he should not be tried twice for the same offense.
“If a man pays his debt to society, the (crime) is absolved,” he said. “Everything Mr. Oakes said about those other offenses are not me. I have been running into this for 50 years.”
District Court Judge David Huff said it made no difference on the sentence he imposed because of Spina's poor health.
“It appears to me that you are a pretty truthful guy,” Huff said. “It appears you are a dangerous guy.
“The world is a dangerous place,” Spina replied.
When asked if he had anything to say before sentencing, Spina said, “It wouldn't do no good, so do what you want to do.”
Antonio Spina, 69, was transported to Fallon from the Nevada State Prison in Ely for Tuesday's sentencing where he is serving time for stabbing another inmate in the neck with a sharpened pencil while incarcerated at the Churchill County Jail.
Spina is awaiting trial in the shooting death of Jason Taylor in November 2006 at a residence on Sprig Lane. Taylor, 34, was allegedly shot three times with a Taurus .41- caliber revolver after a pit bull puppy bit Spina. The dog was also shot but recovered. Spina's murder trial is scheduled to start Sept. 21.
John Oakes, one of Spina's attorney, said his client insists many of the past crimes leveled against him were not true, but Oakes added Spina claims to have never been in locations where some of the crimes occurred.
Oakes wondered why the district attorney's office wanted to charge Spina with being a habitual criminal since some of the crimes were more than 30 years ago. Spina had been charged and convicted in 1975 of first-degree assault in Colorado and being a felon in possession of a gun in 2000, both felonies.
“How much is enough?” Oakes asked. “He wants to have a reputation as a tough guy. He freely admits he stabbed a person with a pencil.”
Oakes said if Spina had stabbed a person with a pencil while not incarcerated, it would have been treated as a misdemeanor, Instead, he was sentenced to 18 to 20 years in prison.
“Everywhere he goes he is doing hard time,” Oakes said. “He says what he means. He's consistent with his orientation. My question is how much is enough. He is what he is, but I do not think he is a habitual criminal.”
David Spitzer, another attorney representing Spina, said some of the past crimes are trivial and that the Colorado assault conviction was 32 years ago.
Deputy District Attorney Lane Mills said he thinks the court is well aware of an interview Spina gave and the two prior offenses.
“There is a reason why ex-felons cannot have firearms. He has a substantial criminal history,” he said, mentioning the history of crimes would have been worse if Spina had not spent so much time in prison.
“He's dangerous. He is a very dangerous man,” Mills said. “We need to protect the citizens of the state of Nevada.”
Spina said he thinks it is appropriate he was in court just days before July 4, and he added the U.S. Constitution allows him freedom of speech and the right to bear arms. He also said he should not be tried twice for the same offense.
“If a man pays his debt to society, the (crime) is absolved,” he said. “Everything Mr. Oakes said about those other offenses are not me. I have been running into this for 50 years.”
District Court Judge David Huff said it made no difference on the sentence he imposed because of Spina's poor health.
“It appears to me that you are a pretty truthful guy,” Huff said. “It appears you are a dangerous guy.
“The world is a dangerous place,” Spina replied.
When asked if he had anything to say before sentencing, Spina said, “It wouldn't do no good, so do what you want to do.”
