High court rejects murderer’s appeal

Wednesday, June 9, 1999 | 10:44 a.m.

CARSON CITY -- The Nevada Supreme Court Tuesday rejected the appeal of Fernando Rodriguez, convicted of first-degree murder in the shooting of two men in Las Vegas in a dispute over a methamphetamine lab and a woman.

The unanimous decision dismissed claims by Rodriguez's attorneys that evidence of prior bad acts should have been excluded at the trial. They also claimed two potential black jurors were excluded because of their race.

Brad Palcovic and Richley Miller were found dead in a southeast Las Vegas home near Viking and Sandhill roads on Aug. 1, 1995. Both had been shot several times in the head.

Witnesses told police that Rodriguez and Palcovic had been involved in the manufacture of methamphetamine. Rodriguez accused Palcovic of cheating him. Witnesses also testified Rodriguez developed a romantic interest in Palcovic's girlfriend, which led to additional friction.

Hunter Hunolt testified he and Rodriguez went to the home to buy drugs. At one point, Rodriguez pulled a 9mm pistol and shot Palcovic. Rodriguez, according to Hunolt, then shot Miller as he tried to run away.

Hunolt fled and was about to drive away when Rodriguez approached the car and said one of the men inside was still alive. Rodriguez grabbed a .38-caliber pistol and ran back into the house, where several more shots were fired.

Rodriguez, through his lawyer, said evidence of prior bad acts leading up to the shooting should not have been allowed in testimony. But the court said the evidence "of the prior threats to kill Palcovic, as well as the disputes over the operation of the methamphetamine lab and Palcovic's girlfriend, are clearly relevant to show motive, intent and identity."

Defense lawyers also argued the prosecution's use of two peremptory challenges to strike two black potential jurors was racially motivated. The district attorney's office excused the potential jurors because they were reluctant to impose the death penalty.

The Supreme Court said Rodriguez offered no evidence to support a charge of purposeful racial discrimination.

The state sought the death penalty at trial, but the jury fixed the sentence at two consecutive life terms in prison without possibility of parole.