Grand jury to consider shootings of two intruders by resident

Bill Gang

Tuesday, Nov. 10, 1998 | 11:13 a.m.

A Clark County grand jury will decide whether a Las Vegas homeowner will stand trial in the deaths of two intruders who were shot fleeing his home.

Chief Deputy District Attorney Bill Koot said Monday the case will be presented to the grand jury Dec. 3. That route was chosen rather than having prosecutors in the district attorney's office decide alone whether to file charges against Tom Gaule in the deaths of Jason Lamb and Rick Tripp.

By law, Gaule will be given a chance to testify on his own behalf and present any evidence he believes would help the grand jury reach its decision.

Gaule told Metro police that on Oct. 25, he arrived about 9:25 a.m. at his home at 400 Lakehurst Road to find two men in his house. He was attacked by the men, who used a stun gun on him, Gaule told police. The men managed to get away and get a gun from the house. The men were shot as they fled.

Lamb was found dead in Gaule's driveway. Tripp died at the corner of Lakehurst and Pinedale Avenue.

Grand juries, composed of people drawn from the same general pool as trial juries, have been used in similar citizen-involved shooting cases in the past as something of a barometer of community beliefs and standards.

Sometimes grand juries have refused to hand down indictments for people who claim they shot someone in self-defense or to protect their property, but other times formal criminal charges were the result.

One issue, according to District Attorney Stewart Bell, is whether there is a connection between Gaule and the dead men.

Koot said it has become clear that Gaule knew at least one of the men, although it is not clear whether he was aware at the time that he knew his target was an acquaintance.

Koot said that despite the connection, "I think it will come out that (the dead men) were there for unlawful purposes."