Wednesday, June 9, 1999 | 11:24 a.m.
As he stood calmly in court today, a June 25 preliminary hearing was set for Zane Floyd on a stack of felony charges in last week's shotgun rampage through an Albertson's supermarket that left four people dead.
Floyd, through his public defenders, demanded his right to a speedy preliminary hearing.
Deputy Public Defender Curtis Brown said the move was an attempt to ensure that testimony at this early point would come out at a public court session rather than be heard by a grand jury behind closed doors.
A preliminary hearing gives defense attorneys a chance to question witnesses and victims. Only prosecutors and jurors are allowed in grand jury proceedings.
Deputy District Attorney Bill Koot said he expects about 12 witnesses to testify at the hearing that should take most of the day.
In addition to four counts of first-degree murder, Floyd, 23, is facing three charges of attempted murder and four counts of sexual assault from an alleged incident that happened shortly before the supermarket shooting spree Thursday morning.
A woman who works for an out-call service told police that Floyd held her captive for about 90 minutes and that he sexually assaulted her several times.
She said when she responded to a call at the Floyd residence, she was immediately handcuffed, her mouth taped and she was assaulted.
Shortly after 5 a.m., she reported, Floyd released her and she ran west on Oakey Boulevard toward Decatur Boulevard and he went east, toward Albertson's at Valley View Boulevard and Sahara Avenue.
She told police Floyd told her he had 19 bullets and that he was going to kill 19 people.
Metro Police Sgt. Kevin Manning said today that after being arrested Floyd told police he wanted to experience what it was like to kill someone.
In an affidavit supporting the search warrant for Floyd's home, Det. Ken Hardy stated that after the arrest Floyd told a uniformed officer he had a "beef with his girlfriend and wanted to know what it was like to kill people."
The affidavit goes on to state that a woman who identified herself as the defendant's mother said Floyd had a problem with marijuana and methamphetamine abuse.
Manning also said Floyd and his girlfriend were involved in an argument at the Rio hotel-casino the evening prior to the Albertson's shooting.
"It was not a knock-down fight. They had a disagreement and she left," Manning said.
Investigators are still looking into Floyd's background.
"We keep hearing a lot of different things. A lot of it is rumor," Manning said. "At this point, nothing has changed to lead us to believe any particular incident caused the suspect to throw his focus on Albertson's.
"All we can say is that a compilation of things added up."
Although today was the first time a copy of the charges was given to Floyd, an ex-Marine and part-time night club bouncer, the security mittens placed over his hands by the county jail made it difficult for him to just hold the document, much less read it.
Deputy Public Defender Douglas Hedger had to hold the document while Floyd reviewed the allegations that have the potential to result in the death penalty.
Defense attorneys fumed about Floyd's presentation in court to television and newspaper cameras in a bright orange security vest that set him apart from the other prisoners in their dark blue jump suits.
Brown said jail officials have told him the vest is not bullet-proof but is used instead to help prevent the escape of "high-profile prisoners."
He said this is the first time he has seen it used and "there are no indications he is a threat of escape. There are no indications he is a threat to anyone," including himself.
"I'm going to ask the jail why they are using it," Brown said. "I don't like the image it creates. It sure makes him jump out."
Although Metro Police said Tuesday that Floyd was being held in solitary confinement and on a suicide watch, Brown said that isn't true.
The defense attorney said Floyd is in a "protective custody" area of the jail and is closely watched. He said Floyd is able to converse at times with other prisoners and is not dressed in the paper clothing that "suicide watch" prisoners are required to wear.
Hedger said he would prefer a preliminary hearing to a grand jury indictment because "we would like to hear what witnesses are going to say."
Brown said a grand just would be the quickest way to generate information. While it would be possible for prosecutors to take the case to a grand jury, the demand for a speedy preliminary hearing makes that move more difficult.
Koot said that at this point he has no intention of taking the case to a grand jury "unless we experience delays in taking the case to Justice Court for the preliminary hearing, in which case we will reconsider our position."
Prosecutors are required to give defendants at least five days notice before a grand jury presentation, and the availability of time before a grand jury is something that is often booked weeks in advance.
The defense team said they have just received a 1-inch-thick stack of documents pertaining to the case from police and expect that pile to grow considerably before the preliminary hearing.
The four store workers killed in the shooting spree were Thomas Darnell, 40, Dennis Troy Sargent, 29, Luci Tarantino, 60, and Carlos "Chuck" Leos, 41.
Zachary Emenegger, 21, was wounded in the incident. He is listed in fair condition at University Medical Center.
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