Las Vegas Sun

November 28, 2009

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Two convicted on murder charge

Saturday, Oct. 11, 1997 | 3:09 a.m.

David and Gilbert Aguilar, ages 31 and 29 respectively, were charged in the slaying of 40-year-old Mark Emerson, who was hit in the chest with a stray bullet while he stood on his porch calling an emergency operator.

Prosecutors don't think the brothers knew Emerson. Nor do they contend that he was the intended target of the barrage of bullets let lose on a quiet neighborhood. But chief deputy district attorney David Roger said Thursday in closing arguments that it was still a first-degree murder because the shots were fired during the commission of other felonies.

The Aguilars were also convicted of conspiracy to commit murder, discharging a firearm into a structure, and one count of discharging a firearm into a vehicle. They were acquitted of charges of attempted murder with use of a deadly weapon, and assault with a deadly weapon.

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