Murder defendant sent to prison for probation violation

One of the defendants in a 1998 motel-room beating death was sent to prison Tuesday for violating his probation - again.

Judge Michael Griffin revoked probation for Clint Malone, 23, sending him to serve 24 to 60 months in prison on a charge of battery with a deadly weapon causing death in the murder of Sammy Resendiz.

Malone admitted drinking while on probation and associating with prohibited people. It was his second such admission and his third time being arrested on probation violation, though one charge was dismissed.

Malone was one of nine Carson City youths charged in the Aug. 23, 1998 murder of Resendiz at the Round House Hotel.

According to court records, the group went to enact revenge on another group for their treatment of Jessica Evans.

After Rocky Boice Jr., the first of the group to face trial, was convicted of second-degree murder and sentenced to 20 to 50 years in prison, the remaining defendants pleaded guilty to reduced charges.

Alejandro Avila and David Moyle pleaded guilty to conspiracy to commit battery with a deadly weapon; Fred Fred, 23, pleaded to a charge of battery causing substantial bodily harm; Silvia Fred, 22, pleaded to a charge of gross misdemeanor conspiracy to commit battery with a deadly weapon.

Clint Malone was the only defendant to plead guilty to two charges for felony battery with a deadly weapon resulting in substantial bodily harm and gross misdemeanor conspiracy to commit battery.

Julian Contreras, Jaron Malone and Elvin Fred pleaded guilty to battery with substantial bodily harm and also received probation. Jessica Evans and Lew Dutchy also pleaded to battery with a deadly weapon and were both sentenced to two to five years in prison. They have since been paroled.

In July 2004 the Supreme Court upheld Boice's sentence despite his contention that his role was disproportionate to any of the others.

He is currently serving his sentence at the Nevada State Prison on Fifth Street.