Battle Mountain teens appeal murder verdict

Tuesday, July 20, 1999 | 6:27 a.m.

Kyle Ray was sentenced to two concurrent life terms with the possibility of parole for the murder of his mother, Kimberly, and 12-year-old sister, Jennifer. The sentences are to be served consecutively to two life terms for use of a deadly weapon.

Colby Becker faces one life term for the murder of Ray's father, James, to be served consecutively to a life term for use of a deadly weapon in the May 30, 1998 killings.

Attorneys for the two based the appeals on a decision by District Count Judge Richard Wagner to reject their motions to suppress evidence, specifically a confession given by the defendants after the murders.

Both defendants agreed to plead guilty after those motions were denied.

"We felt there was interrogation without a Miranda warning given," Ray's attorney, Marc Picker, told the Elko Daily Free Press on Tuesday.

"He was interrogated at four in the morning without being told he had a right to an adult being present, and he was not told that he could be charged as an adult even though he was 15,"

Ted Herrera, Becker's court-appointed attorney, was unavailable for comment.

Both attorneys had to file a notice of appeal within 30 days of the verdict. Ray's notice of appeal is dated June 22; Becker's notice is dated July 7.

The youths are cellmates in the intake unit at the Northern Nevada Correctional Center in Carson City.