Nelson Sentenced 370 Years to Life in Hawthorne Sexual Assault Case

The Mineral County Sheriff's Office released information on October 28 announcing the conviction of Philip Nelson (47), who had been charged with multiple felony counts, including Sexual Assault of a Child, Lewdness with a Minor, and Child Abuse.

According to the Mineral County Sheriff's Office, deputies arrested Nelson on September 22, 2023, after an extensive investigation. In October, Nelson appeared in the Eleventh Judicial District Court before Judge Jim C. Shirley, serving Mineral, Lander, and Pershing Counties. Nelson pleaded not guilty at the hearing, after which the court scheduled a jury trial for July 2024.

The Criminal Complaint filed in district court on October 19, 2023, alleged that Nelson committed ten counts of Sexual Assault on a Child Under 14, each a Category A Felony punishable by 35 years to life in prison. Additionally, the complaint alleged he committed eight felony counts of Lewdness by a Person Over 18 with a Child Less than 14, all Category A Felonies punishable by ten years to life in prison. Lewdness in Nevada indicates sexual abuse that does not constitute sexual assault. Further, Nelson was charged with 18 counts of Abuse, Neglect, or Endangerment of a Child, a Category B Felony punishable by 1-6 years in prison.

Sexual assault of a child technically qualifies as two separate crimes: (a) child abuse and (b) sexual assault. In Nevada, child abuse can include neglect or endangerment, physical abuse, mental abuse, sexual abuse, or sexual exploitation. Defendants accused of sexually assaulting a minor can either be convicted of child abuse or sexual assault, but not both. If there is more than one victim or multiple incidents, defendants can face multiple counts, as with Nelson.

Court documents allege in Counts 1-10 that between July 2021 and July 2023, Nelson committed sexual assault and forced various sexual acts on a child who was 11-12 years old at the time. Counts 11-18 contain similar allegations, constituting acts of lewdness with a victim 11-12 years old.

Counts 19-36 outline explicit details as in the previous counts but charge Nelson with Child Abuse, Endangerment, or Neglect.

After a weeklong trial that concluded on July 24, 2024, jurors found Nelson guilty on all counts. Nelson, who was represented at the time of sentencing by Kale Brock, Esq., would face sentencing on ten counts of sexual assault on a child under the age of 14, eight counts of lewdness with a child under the age of 14, and 18 counts of child abuse, as outlined in Nelson's Judgement of Conviction.

Finally, on October 24, 2024, Nelson appeared for sentencing before Judge Shirley. Mineral County District Attorney Jaren Stanton presented a victim impact statement to the court. After arguments from both the state and the defense, the court found Nelson guilty and sentenced him to the following:

• Counts 1-10 for Sexual Assault: Life in prison, with minimum parole eligibility after 35 years, to be served consecutively, resulting in a minimum term of 350 years.
• Counts 11-18 for Lewdness: Life in prison with minimum parole eligibility after 10 years, with counts 11-12 to run consecutively to 1-10 (20 years) and counts 13-18 to be served concurrently with count 12.
• Counts 19-28 for Child Abuse: 28-72 months in prison to be served consecutively to 1-10.
• Counts 29-36 for Child Abuse: 28-72 months in prison to be served consecutively to 11-18.

With a total of 412 across all counts, the court determined an aggregate life term in prison with the possibility of parole after 370 years.

This term is potentially one of the longest sentences delivered in a child sexual assault case in Nevada, with Christopher Sena receiving 54 life terms in 2019, who will be eligible for parole after 337 years. Other cases for similar charges include sentences with minimum terms of 65-140 years.

"This conviction is a testament to the tireless efforts of our dedicated law enforcement officers," said Mineral County Sheriff Bill Ferguson. "We are committed to protecting our community, especially our most vulnerable members. This case highlights the importance of reporting suspected child abuse and sexual assault. We encourage anyone with information about these crimes to come forward."

The Mineral County Sheriff's Office expressed its sincere gratitude to the victim, the victim's family, and the community for their support during the challenging process.