Foul-up delays sentencing of former UNLV player

Tuesday, Dec. 14, 2004 | 8:49 a.m.

A former UNLV basketball player who pleaded guilty to charges stemming from sex with a female student when he was a substitute high school teacher will have to wait for sentencing due to a mix-up by the Parole and Probation Department.

Cornelius "Corky" Ausborne's attorney, Steven Stein, pointed out Monday that the pre-sentencing report submitted by Parole and Probation incorrectly said his client wasn't eligible for probation for a charge of lewdness with a minor under 14.

But Ausborne, 29, is eligible for probation because at the time he committed the lewdness offense Nevada law still offered probation as an option at sentencing for the crime, Stein said. He said if Ausborne had committed the same acts now, probation would not be an option.

Parole and Probation is expected to correct its report in time for Ausborne's new sentencing date, Feb. 14. In addition to the lewdness charge Ausborne also pleaded guilty to one count of sexual conduct between a school employee and a pupil, which is also a probational offense.

District Judge Sally Loehrer previously made it clear to Ausborne that although probation was an option for both charges "the matter of sentencing is up to the court," Loehrer said.

The lewdness with a minor under 14 is punishable with a sentence of 10 years to life in prison, and the sexual conduct between certain employees of school and pupil carries a possible sentence of up to six years in prison.

Loehrer said Ausborne would only be eligible for probation if a psycho-sexual evaluation administered by the Parole and Probation Department found him to be a "low risk" for repeat offenses.