Hardy motion denied

Staff Reporter | January 7, 2021 12:34 PM

WALLACE — A motion for leniency was denied on Monday afternoon in the case of David Hardy, who was convicted of injuring a child in early 2020.

Hardy had been seeking a motion for reconsideration from Judge Scott Wayman concerning his guilty verdict and sentencing from March 2020 after being found guilty of one count of felony injury to a child and subsequently handed a 10-year (four years fixed plus six indeterminate) prison sentence.

Hardy’s attorney attempted to get the structure of the sentence amended to two years fixed plus eight indeterminate.

According to Shoshone County Prosecuting Attorney Keisha Oxendine, Hardy gave a statement to Judge Wayman and the court apologizing for the hurt that he caused and also indicated his desire to move on and better his life — thus the request for a lesser fixed sentence.

Oxendine objected to Hardy’s request and Judge Wayman agreed with her — stating that his sentence was appropriate as entered and was consistent with the goals of sentencing based upon the facts of the case.

The sentence stems from an event in 2019 where Hardy was found guilty of harming his then-girlfriend’s toddler, resulting in various severe injuries.

Hardy pled not-guilty and presented a defense during trial that painted the child’s mother as the person responsible for the injuries. Ultimately, a jury found Hard guilty of one of the two counts that he was charged with and then sentenced.

Hardy had been seeking this motion for several months, but due to scheduling conflicts and the ongoing pandemic, it was pushed out until earlier this week.