Archaic murder law prevents charges

Jennifer Coleman

Thursday, Feb. 11, 1999 | 5:27 a.m.

CARSON CITY -- A Senate panel voted Thursday for a bill to update an 1861 law after parents of slain race driver Chris Trickle testified the old statute protects their son's slayer from a murder charge.

Barbara and Chuck Trickle of Las Vegas cried as they asked the Judiciary Committee to approve SB11 - a measure that can't be applied retroactively in their son's case.

Trickle, a promising stock car driver and the nephew of Winston Cup driver Dick Trickle, never fully emerged from a coma caused when he was shot in the head while driving in Las Vegas in February 1997. He died 13 months later at age 25.

Police haven't arrested anyone. But even if they do, the old Nevada law allows only for an attempted murder charge. A murder charge can be filed only if the victim dies within a year and a day of the crime.

Senate Minority Leader Dina Titus authored SB11 to repeal the law. She says the existing law stems from a time when there was primitive knowledge of medicine. Its purpose was to ensure that the defendent's actions were the cause of death.

With the advances in medical and forensic technology, determining cause of death is a more exact science and the law no longer applies, said Titus, D-Las Vegas.

"There is no doubt, in his doctors, his family, or the police, that Chris' injury caused his death," Titus added.

Barbara and Chuck Trickle, testifying by videoconference from Las Vegas, said they were shocked to learn their son's murderer could never be charged with murder.

"He won't be held accountable for Chris' death. It's not fair, not right and very frustrating for us," said Barbara Trickle.

Stan Olson of the Las Vegas Metro Police Department said the investigation into Trickle's death is still pending.

"I can't begin to tell you the frustration on the part of the homicide detectives because of this law," added Olson.