Man faces prison after not paying restitution

Erin Niemeyer

Friday, July 12, 1996 | 11:59 a.m.

A man who who used a sledgehammer to destroy virtually everything inside his ex-wife's parents' home will begin a six-year prison sentence today for failing to pay restitution for the damage he caused.

Larry Warnes was sentenced to six years in prison and must pay a $5,000 fine for violating the terms of his probation.

District Judge Sally Loehrer ordered Warnes to begin paying $50 monthly restitution payments in February toward the $17,000 he owes his ex-in-laws.

But no payments have been made to date.

Warner pleaded guilty to a felony charge of malicious destruction of property in 1994 for his Sept. 13, 1993, rampage. Warnes smashed windows, cabinets, floor tiles, walls and furniture in the home he shared with his ex-wife, Traci Hawkins, 26. Her parents owned the home.

Loehrer said Warnes must be held accountable for his actions.

"The terms of this probation were extremely, extremely reasonable, required him to do next to nothing," Loehrer said Thursday. "But unfortunately he couldn't even do next to nothing. He did absolutely nothing."

Warnes said he had not paid restitution because he was unemployed until a few weeks ago.

According to Warnes, he has been unable to work because gunshot wounds inflicted by Hawkins in 1994 have left him permanently disabled.

But Loehrer wasn't convinced.

Nor was Nevada Highway Patrol Trooper Christopher Kelly.

Kelly testified that Warnes was not injured when the two engaged in a high-speed chase in February.

Loehrer told Warnes' attorney, Peter Flangas, that she fears Warnes is perpetrating fraud on the court by pretending to be disabled.

"On Feb. 20, Mr. Warnes came in here totally disabled," Loehrer said. "He comes here on canes and crutches and says he can't work. Obviously by your own admission (Warnes) is able to work and to earn an income. I find he had the ability to pay and absolutely, positively did not pay anything.

"I think it's a little disingenuous for Mr. Warnes to have come in here in January and told me that he couldn't work when in fact he had been working for some period of time in Washington."

Loehrer, who presided over Warnes' trial in 1994, banned him from Nevada for a five-year period beginning in December 1994. Loehrer said she imposed the ban because Warnes violated her repeated warnings to leave his ex-in-laws alone.

Warnes lived in Canada, Washington and California after Loehrer ran him out of town two years ago, but was allowed to return to Nevada after his ex-wife and infant daughter moved out of state.

"I think (Warnes) has been lying to me ever since he returned to the state of Nevada," Loehrer said.

Warnes maintains his injuries are real.

He said his doctor only recently allowed him to return to work "as tolerated," which amounts to a part-time basis. He required two days of rest after working 37 hours one week, Warnes said.

Warnes said the ruling was devastating but expected.

"I believe (Loehrer's) mind was made up to revoke my probation. I saw it coming as the hearing progressed.

"If I work, I'm damned, and if I don't work, I'm damned."

Loehrer called her decision "unfortunate."

"Mr. Warnes has finally got his life where he's starting to get back on track," Loehrer said. "Finally Mr. Warnes has figured out that he can't sit around all of his life. But he has to suffer the pains ... of his prior actions."

Flangas appeared confident that his client would not serve the bulk of his prison term.

After the hearing, Flangas assured Warnes, "You won't do more than a year and a half."