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Supreme Court denies appeal in fatal shooting

Friday, Aug. 13, 1999 | 11:34 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- The Nevada Supreme Court Thursday dismissed the appeal of killer Robert Pichardo who complained the sentencing judge gave him the maximum 4-10 years in prison based on false information that he was a gang member.

Pichardo pleaded guilty to a reduced charge of voluntary manslaughter in the fatal shooting of Xavier Payan in September 1995. He said Payan was going to attack him with a mechanism that locks steering wheels on cars. Pichardo claimed he shot in self defense.

Police said the shooting in a parking lot of an apartment complex was the result of gang rivalry. And the state Division of Parole and Probation, in its pre-sentence report, suggested Pichardo was the member of a gang.

The Supreme Court said there was no indication that District Judge Jeffrey Sobel used the information about gang activity when he sentenced Pichardo.

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