Parole Hearing Fact Sheet

August 15, 2018

RE: Kirk Wingo #1052268

NOTE: A specific parole hearing date in September has not yet been set.

Hearing Participants and Testimony:

Parole hearings in Nevada are open to the public, however testimony is limited to:

• The inmate;
• A representative of the inmate (if any);
• Victim(s) of the crime for which parole is being considered; and
• One family member or supporter of the inmate.

Nevada defines a victim of crime as (NRS 213.005):

(a) A person, including a governmental entity, against whom a crime has been committed;
(b) A person who has been injured or killed as a direct result of the commission of a crime; or
(c) A relative of a person described in paragraph (a) or (b). For the purposes of this paragraph, a
“relative” of a person includes:
(1) A spouse, parent, grandparent or stepparent;
(2) A natural born child, stepchild or adopted child;
(3) A grandchild, brother, sister, half brother or half sister; or
(4) A parent of a spouse.

The Board does not generally know if an inmate will have representation, or whether a victim or
family member of the inmate intends to attend a hearing until the actual date of the hearing.
However, even if the Board becomes aware of persons who may attend a hearing, it will not
release the names of these persons.

The general public is not permitted to testify at parole hearings. Victims or family members who
choose to attend parole hearings are not required to testify.

Hearing Process and Documents:

The Nevada Parole Board will consider information from a number of sources for the hearing.
The documents include but are not limited to:
• A presentence investigation (PSI). The PSI is prepared prior to the court imposing the
sentence in the case. It will contain: any prior criminal convictions; information
concerning the characteristics of the defendant; circumstances affecting the defendant’s
behavior and circumstances of the offense; the effect the offense may have had upon the
victim including physical or psychological harm or financial loss; and other information
that may have been compiled and submitted to the court prior to sentencing.
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Kirk Wingo #1052268
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• A Parole Hearing Report. The Parole Hearing Report is prepared by the Department of
Corrections and will provide information relative to the inmate’s adjustment and conduct
in prison; any disciplinary misconduct; completion or participation in any programs or
educational activities; sentence and credit information; work history and performance;
and proposed release plans.
• The Nevada Parole Guideline and Parole Risk Assessment. The Nevada Parole Board
utilizes a guideline when making decisions to grant or deny parole. The guideline
consists of several elements including: a validated risk instrument which predicts general
recidivism, the crime severity, and factors that may mitigate or aggravate the
consideration of parole release.
• Written letters in support of parole or in opposition to parole, if any. These types of
letters generally are first person knowledge of the inmate or victim and may include the
impact of the crime on the victim or victim’s family or in support of an inmate’s release.
Letters submitted to the Board in support or opposition of parole are considered
confidential and are not released to the public.

Petitions for or against release:

The Board will accept petitions in favor of or against release; however there is not a specific
number of signatures that will trigger a specific outcome. Petitions generally indicate a
community’s interest in the outcome of a case.

Deliberations and panel votes:

At the conclusion of the public hearing, the panel members will deliberate in private and make a
recommendation to the full Board. Parole Board deliberations are confidential under Nevada
law. A majority of four of the seven members of the Board is required to reach a decision to
grant or deny parole; therefore a decision will not be announced at the time of the hearing.

Sentences on which parole is being considered:

NOTE: The State of Nevada utilizes a criminal sentencing system that consists of concurrent,
consecutive and aggregated sentences. Concurrent sentences are sentence terms served at the
same time. Consecutive sentences are sentence terms served separately from each other (one
after the other). A consecutive sentence will not start until the sentence it follows has been
paroled or discharged. An aggregated sentence is created by adding the minimum and maximum
terms of consecutive sentences together to form one sentence for the purpose of parole eligibility
and sentence expiration.

The Board is considering Mr. Wingo for parole on the first of two sentences which are currently
structured to run consecutive to each other.

Sentence 1: 2nd Degree Murder - 10 years minimum to Life

Sentence 2: Use of a Deadly Weapon Enhancement - 8 years minimum to 20 years maximum
consecutive to the 10-life sentence imposed for 2nd Degree Murder.
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Kirk Wingo #1052268
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Parole Eligibility Date: December 31, 2018

Hearing Outcomes

If parole is denied: A rehearing date will be set by the panel in accordance with NRS 213.142.
Because Mr. Wingo is serving a life sentence, he may be denied for up to 5 years.

NRS 213.142 Rehearing to be scheduled if parole denied.

1. Upon denying the parole of a prisoner, the Board shall schedule a rehearing. The date on which
the rehearing is to be held is within the discretion of the Board, but, except as otherwise provided in
subsection 2, the elapsed time between hearings must not exceed 3 years.
2. If the prisoner who is being considered for parole has more than 10 years remaining on the term
of his or her sentence, not including any credits which may be allowed against his or her sentence, when
the Board denies his or her parole, the elapsed time between hearings must not exceed 5 years.

If parole is granted: Mr. Wingo can only be paroled to his consecutive sentence. If parole is
granted, he will have to serve the 8 years minimum term on the enhancement before being
considered for parole to the community.

Resources:
The Nevada Board of Parole Commissioners maintains a website that contains general
information related to the parole hearing process. The Parole Guidelines and Risk Assessment
forms and instructions can be found at:

http://parole.nv.gov/Information/Forms/

Questions regarding the parole hearing may be directed to:

Board of Parole Commissioners
David M. Smith
Hearings Examiner II
dmsmith@parole.nv.gov
775-684-2685

Questions related to confinement or correctional related matters may be directed to:

Department of Corrections
Brooke Keast
Public Information Officer
bkeast@doc.nv.gov
775-887-3309 (office)
775-350-0037 (cell)