Nevada Supreme Court roundup

Friday, Feb. 27, 1998 | 3:38 a.m.

CARSON CITY -- The Nevada Supreme Court Friday upheld the first degree murder conviction of Damon J. Armstrong, sentenced to life in prison for the shooting of a man on a street in North Las Vegas.

The court struck down Armstrong's argument that a faulty instruction was given to the jury on the use of force.

Mervyn A. Robinson was gunned down on the 2700 block of Stanton Street in North Las Vegas.

The court said, "After a thorough review of the record, we conclude that there was sufficient evidence to support the jury's finding of malice and premeditation."

Testimony said a witness heard Armstrong make a threatening statement to Robinson two days before the shooting. When the two confronted each other again, Robinson raised his fists but Armstrong pulled a gun and shot him.

The court said the jury could infer that Armstrong was planning to kill the victim.

In another decision, the court rejected the appeal of Lorrayne Pachniak who sued Clark County after she tripped and fell over the base of a news rack in front of the Tam O'Shanter Motel.

Pachniak said she was injured when she tripped over the base of the rack which was protruding from a Las Vegas sidewalk.

The court said Pachniak failed to show Clark County had actual knowledge of the hazardous condition on the sidewalk. District Judge Mark Gibbons had issued a pre-trial summary judgment in favor of Clark County which the woman appealed.

The court also re-instated a suit against the Las Vegas Valley Water District brought by Roubertha Watkins and Betty Jo Elizenberry, who say they were injured by a ditch dug during a construction project by the district.

The court said there is a question whether the water district knew about the hazardous condition and whether it had an obligation to perform the excavation with due care.

The decision overturns a ruling by District Judge Donald Mosley who issued a pre-trial summary judgment in favor of the water district. The case now goes back to district court in Las Vegas for further proceedings.