Prisoner Challenges Jury Award To Ex-Wife Ex-Husband Appeals $2.8 Million Civil Verdict For Woman He Shot Six Times

Vicki Hawes still fears her imprisoned ex-husband even though a jury found him guilty of shooting her six times and a second one found him liable for damages.

She recently told jurors she plans to go into hiding when he is released from prison, which could be as early as next spring.

Still, the victim has been unwavering in her push to hold Lino Gomez accountable for nearly killing her five years ago, winning a $2.8 million civil judgment against him last month.

“The whole point of it is closure for me, and for all the rest of the victims out there to let them know the door’s not closed,” Hawes said Tuesday.

Hawes, 50, faces at least one more fight. In an appeal of the civil judgment Gomez filed last Thursday, he alleges among other things, that Hawes lied on the witness stand, that the award is excessive and that the jury showed passion or prejudice against him.

Hawes denied Gomez’s claims and plans to fight the appeal.

“Frankly, I think he got a very, very fair trial,” said David Manko, Hawes’ attorney. “I see no grounds for appeal.”

Jurors found Gomez, 57, liable for Hawes’ injuries during a two-day jury trial that ended July 1. The $2.8 million sum is believed to be the largest awarded in Kootenai County to a domestic violence victim, Manko said.

“This should send a good, strong message out to people that with domestic violence there is some sort of recourse for the victim,” Manko said.

Holladay Sanderson, Coeur d’Alene Women’s Center executive director, applauded the jury’s verdict and hailed the judgment as a victory for victims of domestic violence everywhere.

The judgment continues a recent string of domestic violence victories, Sanderson said, citing criminal convictions Kootenai County prosecutors have won against James Loss and Stephen Cherry. Loss was sentenced to 15 years in prison for the bloody beating of his wife. Cherry faces the death penalty for shooting a former girlfriend to death and wounding her friend.

“(Hawes) might never see any part of the judgment financially, but the point’s been made that you are responsible both civilly and criminally,” Sanderson said.

Gomez, who is representing himself, is serving a 15-year prison sentence for attempted murder. He makes about $600 a year in prison, according to court documents.

Gomez claims in an appeal of the civil judgment that the Kootenai County Jail’s standard-issue orange jump suit he was forced to wear during the trial prejudiced the jury. He objected during the trial to wearing the jail clothing, saying Hawes donated all of his clothes to the Salvation Army and he had no family to provide him clothes.

In asking for a new trial, Gomez also claims that Hawes duplicated medical bills to further prejudice the jury, did not provide sufficient evidence showing she suffered lasting injuries or permanent disability and perjured herself under oath.

“He’s making himself out as the victim,” Hawes said.

Hawes, a real estate agent, suffered nerve damage in one arm. She told jurors during the civil trial that after the shooting she lost several clients, had to seek counseling, declared bankruptcy and developed a drinking problem.

Gomez was convicted in a 1992 criminal trial of shooting Hawes while she was eating dinner with their then-teenage children. He testified during his criminal trail that he went to the house intending to reconcile with his wife who had filed for divorce the day before the shooting.

Gomez will be eligible for parol next April. Hawes plans to be there to fight against his release.

“If the state and I can manage to keep him in prison for the maximum of his sentence I think that’s going to send out a very strong message to future violators,” Hawes said. “The only way it’s going to work is if the victim stands up.”

, DataTimes