March 14, 2022
Carson City, NV - Nevada Attorney General Aaron D. Ford
is pleased to announce that the Nevada Board of Examiners approved the award of
$220,922.82 from the State of Nevada as compensation for the time Ignacio Dealba,
Jr. spent incarcerated following his wrongful conviction. Eighth Judicial
District Court Judge Joanna S. Kishner entered stipulated orders on January 20,
2022, which AG Ford fully supported.
As attorney general, pursuing justice is the core mission of
my office and I am delighted that Mr. Dealba has been declared innocent,” said
AG Ford. “While no amount of money can ever replace our freedom, Mr. Dealba
will be compensated for the years he spent incarcerated. I want to thank the
attorneys in my office who have worked tirelessly on this case. Your work means
so much in the eyes of Nevadans.”
In 2005, two assailants conducted a robbery and, while fleeing
by vehicle, fired shots at an off-duty Las Vegas Metropolitan Police Department
sergeant pursuing them. The assailant driving the car was arrested and named
Dealba as his accomplice. Dealba was subsequently arrested for robbery and
attempted murder. Despite no physical evidence connecting him to the crime,
Dealba was convicted of Robbery with Use of a Deadly Weapon, Attempt Murder
with Use of a Deadly Weapon, and Possession of Firearm by Ex-Felon in 2006 by
the State of Nevada. In 2009, the Nevada Supreme Court overturned Dealba’s
conviction. Years later, the assailant who named Dealba as his accomplice
recanted his statement via sworn affidavit submitted to the Eighth Judicial
District Court and the Court subsequently issued an order determining Dealba to
be innocent of the crimes for which he was convicted.
In 2019, the Nevada
Legislature adopted Assembly Bill 267– codified in NRS 41.900 et seq. –
to compensate persons who have been wrongfully incarcerated if they can prove,
by a preponderance of the evidence, that they did not commit the crime for
which they were convicted, were not an accomplice, and did not otherwise cause
their own conviction. Additional costs, including reasonable attorney fees,
educational expenses, counseling services and certain other reimbursements are
also permitted. Dealba is the sixth person in Nevada to receive a Certificate
of Innocence under this new statute.
This matter was handled by the
Attorney General’s Post-Conviction Unit by Chief Deputy Attorney General
Heather Procter, Deputy Attorney General Jaimie Stilz, and Deputy Attorney
General Sheryl Serreze.
###