Judge rules not enough time served in rock attack

Friday, March 4, 2005 | 9:08 a.m.

District Judge Michael Cherry on Thursday rejected an alleged 311 Boyz gang member's claim he should be released from jail for time he served in custody in connection with a rock attack that left a boy disfigured.

Eighteen-year-old Jeff Hart's attorney, Sean Sullivan, argued that the six months of home confinement that Hart served prior to sentencing should have been added to the 59 days' credit for time served that Cherry granted Hart at sentencing.

If the additional six months were taken into account, Hart would be released because he has already served seven months of his one year sentence.

Cherry rejected the argument and ordered Hart to serve the remainder of his jail sentence

Sullivan said Cherry "wanted to keep a finger on Jeff."

"Although he (Cherry) knows Jeff's been compliant, he wants him to finish his time in custody," Sullivan said. "I'm not surprised (with Cherry's ruling), but I thought Jeff had a shot."

Sullivan said Hart "appeared to be holding up well" and has had no mishaps in jail.

Hart was one of four alleged members of the gang to receive to receive jail time from Cherry. The judge sentenced Hart, 18-year-old Matthew Costello, Christopher Farley and 19-year-old Steven Gazlay to one year at the Clark County Detention Center, a year of house arrest and three more on probation.

Another alleged member of the 311 Boyz, Dominic Harriman, was scheduled to appear before Cherry this morning on contempt of court charges for violating his order to stay out of trouble for a year. In August 2004, when Cherry fined Harriman $2,000, he did not place Harriman on probation. But Cherry did order Harriman to stay out of trouble for a year.

Harriman was arrested twice in the last nine days, once in Nye County on Feb. 23 and again in Clark County on Feb. 28.

He was arrested in Pahrump and charged with possessing stolen property and drugs, according to police. Harriman, who also allegedly had a handgun with him when he was arrested, is scheduled to appear in Pahrump Justice Court on April 25 to face the charges.

On Feb. 28 Metro Police pulled Harriman over about 1 a.m. in the area of Charleston Boulevard and Buffalo Drive for a traffic violation. When they ran a check on him, they found he had four traffic warrants, according to the police report. Then the officers allegedly found methamphetamine in Harriman's possession.

Chief Deputy District Attorney Christopher Laurent, who prosecuted Harriman and several other alleged members of the 311 Boyz for the July 2003 rock attack on 18-year-old Stephen Tanner Hansen, said he expects Cherry will hold Harriman in contempt of court and will sentence him to 25 days in jail for violating his order.

Harriman is scheduled to appear in Justice Court on March 14 on four traffic warrants, but a hearing for the Las Vegas drug charge has not yet been scheduled.

Since sentencing the alleged 311 Boyz members Cherry has granted Costello a release from his jail time. Costello is now serving one year under house arrest and then three years of probation. Brandon Gallion, 17, was given a year of house arrest and four years' probation and 17-year-old Ernest Aguilar was sentenced to probation.

Charges of attempted murder against Anthony Gallion, 16, were dismissed May 18. The only alleged member of the 311 Boyz to go to trial for attack on Hansen was 19-year-old Scott Morse. He was acquitted of all charges in June.