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The mother of a young man with several mental illnesses spent all last week in front of the Regional Justice Center on a hunger strike protesting against a court decision by Judge Douglas Smith after her son finalized a plea deal where he would plead guilty to lesser charges in return for a much lower sentence.Dagmar Diaz was arrested and charged with kidnapping and intent of sexual assault; his public defender attorney negotiated a lower sentence if he admits guilt to a lesser charge.
Up to now, everything seemed routine and business as usual with the prosecutors and defense attorneys playing at law with the lives of the defendants.
However, everyone agreed to the plea bargain deal and they were ready to be in Department 8 in front of Judge Douglas Smith to seal the negotiations, but no one counted on the judge’s racial antagonism against Latino defendants; he did not approve the deal.
The Public Defender appointed to the case tried to explain to the judge that the young man had several head injuries and illnesses due to being run down under a car in front of his school, but Judge Smith did not allow her to finish the explanation and shut her down.
The Deputy District Attorney, who always hides under the name of the elected District Attorney, was shocked with the judge’s decision and tried to explain to the judge the plea agreement, but the judge told both attorneys that he didn’t care and the ultimate decision was up to him and… NEXT CASE.
Judge Smith is known for being rude and arrogant on the bench and has the tendency to be extremely rude to people who speak with an accent.
Judge Smith most recently was in the spotlight when he locked up a Hispanic man because he thought the defendant displayed an attitude while in court, and then raised the man’s bail from $3,000 to $1 million. Later the Nevada Supreme Court disagreed with Smith’s order and ordered the defendant’s bail back down to the original $3,000 and
the case transferred to another courtroom.
The issue with that Hispanic defendant is not the only case on which the Supreme Court had disagreed with the decision of Judge Smith; Las Vegas Tribune found more than thirty cases in which the Nevada Supreme Court had not been in agreement with Judge Smith, reversing the rulings.
Dagmar Diaz and his mother Blanca have been in the country little more than a decade from Cuba; just a few months after Dagmar was enrolled in his school, he was run over by a car in front of that school on Twain and Spencer.
Dagmar was in a coma for fourteen days and his mother had to quit working to care for him; he was diagnosed with schizophrenia, post traumatic brain damage and attention deficit disorder (ADD) and needed continual medical attention.
“My son broke the law and has to pay for his error — which is how I raised him, to take responsibility for his actions, when the woman who stabbed him in the hand came to me and told me about the incident,” said Blanca Diaz during an interview at the Las Vegas Tribune office last Monday.
“Kidnapped and she was able to walk to me and tell me what she says happened? I do not see the kidnap anywhere, but…” said the elder Diaz.
Blanca Diaz told the Las Vegas Tribune that she is not complaining because her son was arrested, but she is disappointed that the judge did not follow the prosecutor’s recommendation and accept the plea agreement.
“My son needs continual medical attention; the judge could have sent him to a medical facility instead of a regular prison where he is running the risk of getting killed by either another inmate or by a prison guard if he gets off track, [off] the medicine, and goes on an attack,” Ms. Diaz explained.
On Monday, Diaz was supposed to be in court but it was postponed until today, Wednesday, September 24, and his future is unpredictable; but Blanca Diaz will be on Face The Tribune radio show on Friday, September 26 at noon talking about her son’s case.
Blanca Diaz’s hunger strike is the first hunger strike in Clark County and she did not say if she will continue the strike after her son’s Wednesday court appearance.