Supreme court rejects plea of Vegas killer

Tuesday, Dec. 1, 1998 | 11:18 a.m.

CARSON CITY -- Otto C. Kaufmann, identified by prosecutors as the leader of a gang involved in an abortive holdup of a Henderson restaurant that left one man dead, has lost his appeal to the Nevada Supreme Court.

Kaufmann, through his lawyers, contended that he should have been allowed to withdraw his guilty plea because he didn't understand the consequences and was coerced by his lawyers in District Court in Las Vegas.

The state high court, in its unanimous decision, said the record shows Kaufmann had no questions about the plea negotiations in which the prosecution agreed not to seek the death penalty and to dismiss 25 counts in the original information.

The court said records show Kaufmann "agreed to act as a lookout, provided firearms for the robbery, provided shells for two guns used in the robbery and drove his co-defendants to the site of the crime and drove away after the crime."

Defense attorneys had argued that Kaufmann, who was 23 at the time of the November 1994 attempted holdup of Renata's Supper Club, was merely the lookout and driver of the getaway car.

Kaufmann, son of a diplomatic employee at the U.S. Embassy in the Philippines at the time, was sentenced to life in prison without possibility of parole. So was Ruel Mercado, who was convicted of killing 54-year-old Gerald Serna while fleeing the scene. He also received a life sentence without the possibility of parole and another 84-year prison term.

Co-defendant Felix Austria received life in prison with the possibility of parole and George Chuatoco got 30 years.