Probation given in road rage attack

Thursday, July 22, 2004 | 11:07 a.m.

A 29-year-old real estate agent who jumped out of his car and in a fit of road rage punched a driver who had cut him off was sentenced to three years probation by District Judge Donald Mosley on Wednesday.

Luigi Valeriano Jr. was charged with attempted battery with substantial bodily harm for attacking 44-year-old Fernando Andreas in February 2003. Two of Andreas' teeth were knocked out and he also required stitches.

For a few minutes the fate of Valeriano was up in the air, as Mosley wanted to know for certain if brass knuckles were used in the attack.

A report from the Department of Parole and Probation said Valeriano had used brass knuckles; both Chief Deputy District Attorney Frank Ponticello and Valeriano's attorney William Terry said that was untrue.

Ponticello and Terry said allegations that brass knuckles were used in the crime were never presented in any witness testimony given at Valeriano's preliminary hearing.

Although Mosley accepted both Terry and Ponticello's assurances that brass knuckles were not used, he was still skeptical, saying if Valeriano was able to cause so much damage with one punch without the use of brass knuckles than perhaps Valeriano "should be a prize fighter."

If Valeriano violates probation he could face a year in prison.

Valeriano was ordered to pay $6,000 restitution and his probation requires him to complete 16 hours of community service per month, to stay away from the victim and to attend anger management classes. He is also forbidden from possessing brass knuckles.

Terry said that because of the incident, Valeriano is scheduled for a hearing that could result in the revocation of his real estate license.

A nervous Valeriano told Mosley he had learned his lesson and would try to be an "upstanding citizen" the rest of his life.

Capt. Vincent Cannito of Metro's Transportation Safety Bureau said road rage is a national problem for law enforcement, but as the population continues to grow in Las Vegas and the surrounding areas it will certainly become a bigger issue locally.

"This is one of the fastest growing communities in the country," Cannito said. "With the growth you have more drivers on the road, which with the extreme weather conditions here and added motorists on the road can create an environment of increased hostility."

Cannito could not say exactly how many road rage incidents occur each year because citizens involved in them report them differently.

"Some people might call it in as battery, others an accident, or disturbance call -- not many call in calling about road rage specifically," he said.