Las Vegas Criminal Defense Blog

A few weeks ago, a forty-six year old man appeared in Clark County District Judge Mosley’s court and pleaded guilty to second-degree murder and robbery with use of a deadly weapon for a 2004 shooting death incident. He reportedly agreed to the plea in order to avoid the death penalty. The D.A.s stipulated to an eighteen-to-forty-five year prison sentence in exchange for him pleading to breaking Nevada murder law, although Judge Mosley has final say.

In 2004, the defendant was allegedly dating the victim’s sister when he shot him in the back of the head and then stole his pickup truck. The victim’s body was later found near Laughlin by some off-roaders. He was reportedly in hiding for several months following the shooting, and he already had a long criminal history of drugs and abuse of alcohol.

Nevada murder law divides murder into first degree and second degree. First-degree murder includes premeditated killing and any homicide committed in perpetration of a felony, such as robbery, burglary and sexual abuse of a child. Other types of murder are considered second degree. The maximum penalty for violating first-degree Nevada murder law is death, while second-degree murder carries a maximum penalty of life in prison with the possibility of parole.

Read more about the story at http://www.lvrj.com/news/46-year-old-pleads-guilty-in-fatal-shooting-to-avoid-death-penalty-84682617.html

This week a twenty-four year old Henderson man was charged with murdering the sixteen-month-old baby of his girlfriend. Last Friday the baby was taken to a Henderson hospital with traumatic head injuries, which she died that day from. The mother had told police that the suspect was baby-sitting.

Nevada murder law defines first-degree murder as premeditated homicide or killing that happens during the perpetration of another felony. Second-degree murder is all other kinds of homicide. Nevada murder law allows the death penalty only for first-degree murder convictions.

Nevada murder law permits the death penalty if one or more aggravating circumstances outweigh any mitigating circumstances. (A typical example of a mitigating circumstance is a difficult childhood.) Alternative penalties for first-degree murder include life imprisonment with or without the possibility of parole after twenty years, or else fifty years in prison with the possibility of parole after twenty years.

Read more about this story at http://www.lvrj.com/news/henderson-man-charged-with-murder-in-child-s-death-89933572.html.

Last month, a fifty-four year old former chef got a new trial date after the 9th Circuit Court of Appeals reversed the murder conviction in his first trial over faulty jury instructions. He’s accused of stabbing a man in 1993 in a Circus Circus – Reno hotel room they shared. The accused argued that Nevada self-defense law exonerates him.

The two men reportedly met while on a bus from San Francisco, where they shared cocaine. The fight reportedly started after the accused saw the other man in the room allegedly using his knives to make heroin. The victim was later found in the bathtub with 17 stab wounds.

Nevada self-defense law allows someone in immediate danger of being hurt by someone else to fight back. You’re also allowed to fight back if the aggressor is threatening your family or someone close to you. However, Nevada self-defense law requires that you use no more force than necessary to fend off the attack.

Read more about the story at http://www.rgj.com/article/20100219/NEWS01/2190399/1321/news

Fifty-seven year-old Steven Farrell, who was arrested in Mesquite on December ninth on suspicion of murdering his fiancée in Benton County, will be extradited back to Indiana. Farrell faces charges of shooting forty-year-old Christine Craig in front of her sixteen-year-old daughter on what was supposed to be their wedding day. Last week Craig appeared before Clark County District Judge Smith on an Indiana governor's warrant. As expected, the judge signed an order granting extradition.

People arrested in Mesquite usually have their initial court appearance in Mesquite Justice Court. However, those arrested within Mesquite's city limits will have their cases heard in Mesquite Municipal Court, which is in the same building. If the case is a felony, then it may be "bound over" to Clark County District Court in downtown, Las Vegas.

Mesquite Justice Court, which is located at 500 Hillside Drive, Mesquite NV 89027, hears criminal proceedings only every other Wednesday, and it does not handle traffic matters. The hours for Mesquite Justice Court are Monday through Thursday, 7:30 a.m. to 4:30 p.m., and its phone number is (702) 346-5298. The court does not accept bail money, but you can pay bail at the Mesquite Jail, which shares the same address.

North Las Vegas police are investigating its first homicide of 2010. Sixty-year-old Willie Henderson was recently discovered shot to death at his home. Neighbor Jamie Cole said, “I'm totally shocked. I'm totally shocked. He (was) a nice, older gentleman, blind, and I can't believe something like this has happened.”

North Las Vegas Police Officer Chrissie Coon said, “There's no reason for investigators to believe that this was just a random home invasion. It is believed that this victim was specifically targeted. When officers arrived, the male was actually already deceased and died from an apparent gunshot wound.” Anyone with any information regarding the case is encouraged to call Crime Stoppers at 385-5555.

Continue reading "North Las Vegas Has First Homicide in 2010" »

Last month a murder suspect was arrested in Mesquite, Nevada. He had allegedly shot and killed his fiancée in Indiana on their would-be wedding day. The victim’s teenaged daughter witnessed the shooting.

The suspect fled to Nevada and remained at large until twelve days after the killing. The suspect’s extradition hearing is this week in Clark County District Court. The judge is expected to send him back to Indiana.

The Mesquite Jail is a very small detention center with only twenty beds. People arrested for misdemeanors in Mesquite will be booked at the Mesquite Jail. Otherwise, they may be transferred from the Mesquite Jail to the Clark County Detention Center.

Yesterday a man entered the Lloyd D. George U.S. District Courthouse, pulled a shotgun and killed a security officer and injured a deputy U.S. Marshal before being killed himself. It's not believed the shooting was related to organized terrorism, and reports indicate that there have been no threats leading up to this attack. The building was evacuated and remained closed for the remainder of the day.

Nevada Senator Harry Reid, who has an office in the courthouse, said, "The law enforcement personnel who protect the courthouse put their lives at risk every day to keep the people who are inside safe, and I greatly appreciate their service." U.S. Marshals Service Director John F. Clark released a statement as well: "I can receive no news more grim or sobering than word of a line-of-duty death or injury to our U.S. Marshals personnel. ... Rest assured, the brave and immediate actions of these two individuals saved lives by stopping the threat of a reckless and callous gunman who had no regard for who or how many victims were struck down by his senseless actions. They are heroes."

Continue reading "Shooting in Las Vegas Federal Courthouse" »

Last week twenty-six year old Rene Zambadajimenez was arrested for breaking Nevada murder law by shooting thirty-seven year old Ulises Mendez-Rodriguez near Route 157 and the 95. Reportedly, Zambadajimenez was driving with Mendez-Rodriguez before pulling over, at which point Zambadajimenez allegedly shot him five times with a 12-gauge shotgun. He then fled in the car, and Mendez-Rodriguez died shortly thereafter.

When police later executed a search warrant on Zambadajimenez’s apartment, they found the shotgun and some of Mendez-Rodriguez’s belongings. Zambadajimenez even reportedly admitted to the killing. Homicide Lt. Lew Roberts said the murder was drug related: “It was a fairly typical narcotic-related dope rip-off.”

Nevada murder law divides homicide into first and second degree. First degree murder involves cases where the perpetrator killed with malice aforethought or committed the killing while carrying out another felony. Second degree includes all other kinds of murder. Penalties for breaking Nevada murder law in the first degree include death, life in prison, or fifty years in prison, and the judge may also grant parole after twenty years.

Last year, Xiao Ye Bai allegedly stabbed Wen Jun “James” Li in a karaoke bar on Jones Blvd. when he refused to pay Bai $10,000. A Chinese immigrant who may have gang ties in California, Bai is also charged with murder in San Gabriel, CA, where he allegedly killed a man and wounded another in a restaurant in 2008. This week, the death penalty committee of the Clark County District Attorney’s office is reviewing Bai’s case to determine whether Nevada will pursue capital punishment.

Nevada homicide law defines first-degree murder as premeditated killing or killing that occurs during the perpetration of a felony. Second-degree murder is all other kinds of murder (such as Russian roulette). Nevada homicide law permits the death penalty only for first-degree murder convictions.

Continue reading "Clark County DA Death Penalty Panel to Review Karaoke Killing Case" »

A man charged with four driving-related misdemeanors, including breaking Nevada vehicular manslaughter law, asked a judge last week to have his driving privileges restored. On July 15, the man was allegedly driving on a dirt road when he lost control of his Jeep Wrangler, causing it to overturn twice, and killing one of his passengers. Neither was wearing a seatbelt.

The driver also faces charges of driving without due care, driving left of center and failing to wear a seat belt. He tested negative for drugs, and his blood alcohol content was only .032, well below the legal limit. However, he has a past conviction of DUI as a minor, and he’s also been convicted of possession of drugs and stolen property. The DA is fighting the man’s request to have his driving privileges restored, and his next court hearing is set for later in December.

If a driver’s simple negligence causes a deadly traffic accident, he/she may be charged with breaking Nevada vehicular manslaughter law (NRS 484.3775), which is a misdemeanor carrying up to six months in jail and/or maybe a $1,000 fine. However, the jail term and fine may be doubled if the driver was violating a speed limit at the time or was in a work zone. And, obviously, the defendant’s driving record will reflect having broken Nevada vehicular manslaughter law.

Three suspects, ages seventeen to twenty, have been arrested for allegedly murdering Las Vegas police officer Trevor Nettleton last week. Authorities believe the incident was an attempted robbery but where the suspects came away with nothing.

The suspects will probably be charged with Nevada murder with a deadly weapon, conspiracy to commit robbery and attempted robbery with a deadly weapon (NRS 200.380). Police also suggest that the gang enhancement charge be added. They’re currently in custody at the North Las Vegas detention center.

NRS 200.380 defines robbery as the unlawful taking of personal property from someone else by means of force or fear of injury. NRS 200.380 is a category B felony, punishable by two to fifteen years imprisonment. For the deadly weapon enhancement, the judge can increase the sentence by up to twenty years as long as the added time does not exceed the underlying sentence.

Conan Pope, who killed his abusive dad when he was fifteen, appeared before the state Pardons Board in the hopes for a pardon that would allow him to join the military. Although he served six years for breaking Nevada voluntary manslaughter law, he hasn’t been able to get a decent job due to his criminal record. Although two Nevada Supreme Court justices took his side, the Board denied his request for a pardon.

Working against Pope’s favor are his past heroin abuse as well as the Board’s determination not to send a message that it’s okay for children to kill abusive parents. Deputy District Attorney Chris Owens said, "There are other youth out there with bad parents, but they don't shoot them.”

Nevada voluntary manslaughter law concerns homicides whereby the alleged killer was seriously and highly provoked to inflict injury (by being injured him/herself) or intended only to commit serious personal injury and not death. Nevada voluntary manslaughter law makes the crime a category B felony punishable by one to ten years in state prison and maybe a $10,000 fine.

Two brothers were arrested this week for breaking Nevada homicide law in connection with the killing of an elderly man, who was found dead on Saturday in his condo. Both face first-degree murder charges, and they’re being detained without bail.

Nevada homicide law distinguishes between first and second degree murder. First degree murder is homicide committed with malice aforethought or in the perpetration of a felony. Second degree murder is all other kinds of murder.

Nevada homicide law mandates either death, life imprisonment, life imprisonment with the possibility of parole after 20 years, or 50 years imprisonment with the possibility for parole after 20 years. Second degree murder is punished by either life with the possibility of parole after 10 years, or 25 years imprisonment with the possibility of parole after 10 years. The state cannot impose death unless at least one aggravating factor is found that is not outweighed by mitigating factors.

On Wednesday, Las Vegas police raided six different locations as part of an investigation into last year’s alleged stabbing of two Mongol members by rival Hells Angels members. The search warrants are sealed, and no arrests were made. The Mongols and Hells Angels have a long history of violence, including a deadly gun-battle at the 2002 Laughlin River Run.

Police may eventually press charges for attempted murder in Nevada. First degree murder includes instances of premeditated killing and felony murder. Second degree murder includes all other kinds of homicide, including attempted murder in Nevada.

Attempted murder in Nevada may result in a sentence of twenty-five years to life in prison, with the possibility of parole after 10 years. An additional twenty years may be added if the victim was over age sixty, and another additional twenty years may be added if the alleged perpetrator used a deadly weapon.

Eighty-six-year-old Joseph Woods has been charged with killing his wife, Kay Woods, as part of an apparent murder-suicide pact. After allegedly shooting her in the shoulder, he shot himself in the abdomen but did not die, and he’s currently in a nursing home receiving medical care.

Nevada murder law distinguishes between premeditated murder or felony murder (first degree) and other kinds of murder (second degree). Nevada murder law makes first degree murder a category A felony punishable by death, a life sentence, or a fifty-year sentence with the possibility of parole after twenty years. Second degree murder is also a category A felony, punishable by twenty-five years to life, with the possibility of parole after ten years.

Nevada murder law prohibits capital punishment unless the jury finds at least one aggravating factor that is not outweighed by mitigating factors. Examples of aggravating factors include if the suspect has committed murder or another violent felony in the past, if the suspect committed the murder in exchange for money, or if the victim was a police officer.