Former Elko District Attorney will be in court again next week but in a different role than what he is used to. Instead of prosecuting a scofflaw Woodbury will be defending— himself against a 2013 misdemeanor charge of battery on a police officer.
The confrontation between the young 20-something reserve deputy Joshua Gallegos and the 70-something Woodbury occurred during the 2013 Elko County Fair.
According to reports Woodbury got into a shoving match with Gallegos who was working as a volunteer security officer at the fair.
Fair staff members asked the volunteer officers to keep people from congregating on the walkway on the grandstands so that people sitting could watch the events. Gallegos and another reserve deputy were asking people to move out of the way when Woodbury, started swearing at the two volunteers and refused to move. The sheriff’s office provides security for the fair each year, Under sheriff Clair Morris said. Sworn deputies and reserve officers work the event together.
According to an affidavit filled by Gallegos, Woodbury walked toward Gallegos, and pushed him from behind, causing Gallegos to step forward and down one step at the edge of the platform. Woodbury then reportedly told Gallegos he couldn’t be standing there.
Woodbury went to the concession stand, and the reserve deputies followed him and asked him to leave the fairgrounds. He reportedly said, “F— you, arrest me,” according to the criminal complaint.
A sheriff’s office detective spoke with Woodbury and asked him if he had pushed Gallegos, to which Woodbury reportedly responded, “God damn right I did.”
The sheriff’s office sent reports of the incident to the district attorney’s office last year, Morris said. The DA forward the complaint to the attorney general’s office because of a possible conflict of interest, Morris said.
Almost a year later, Woodbury was issued a summons of complaint for battery.
Morris said he was not sure why it took so long for the summons to be issued.
Woodbury served as district attorney for 16 years winning four elections by landslides.
He endeared himself to voters with a tough no nonsense approach to crime and readiness to call a spade a spade sometimes accompanied by profanity,
He now works as a private practice lawyer, has been appointed counsel for numerous defendants, and continues to do work for the county in a Jarbidge road lawsuit.
He was charged with battery, a misdemeanor. Under Nevada law, a person can be charged with a gross misdemeanor if they commit battery on a person who “possesses some or all of the powers of a peace officer.”
Prosecuting attorney is assistant Nevada Attorney general for Ely Michael Bongard.
