Judge decides to move trial in wild horse shooting

Scott Sonner

Tuesday, April 18, 2000 | 10:58 a.m.

VIRGINIA CITY, Nev. - A judge ordered a change of venue today in the highly publicized wild horse shooting case.

First District Judge Michael Griffin said dramatic news coverage of the slaughter of 33 horses fueled emotions that make it impossible to guarantee a fair trial for the three men accused of killing one of those mustangs.

"Pressure exists in this county for the return of a particular kind of verdict," Griffin said today in making his ruling.

"I am unable to conclude I can try this case in Storey County," he said.

Griffin did not immediately say where the trial would be moved.

Because of extensive pretial publicity, all but three of the 73 prospective jurors called alreay know something about the case, Grifin said.

"The facts of this case are by definition sensational."

"It's a dramatic event ... most of the stories I've seen on TV start out with pictures of dead horses."

The discovery of 33 horse carcasses shot to death with high-powered rifles in the hills near Reno drew national outrage in December 1998 and led to two of the suspects being discharged from the Marines.

Lawyers for the two ex-Marines and their former high school buddy had requested a change of venue, citing the national media attention.

"This is too much to ask of this small community," said John Ohlson, a lawyer for former Lance Crpl. Scott Brendle.

Brendle, former Lance Crpl. Darien Brock and Anthony Merlino, a Reno construction worker, face a single gross misdemeanor for the killing of a horse.

They were charged in the deaths of at least 28 horses after their arrest in January 1999. Last month Griffin dismissed all but one of the charges, citing a lack of evidence. The gross misdemeanor charge carries a penalty of up to one year in the county jail and a $2,500 fine.

During four hours of jury selection Monday, Griffin excused more than half of the 45 prospective jurors he questioned - at least a dozen of those indicating they'd already decided the three defendants are guilty.

"I will tell you straight out, I have my mind made up without listening to anybody," one man told the judge.

"I'd like to put them out in a field and take pot shots at them," a woman said.

Griffin had prospective jurors return today to the Storey County courthouse to resume questioning. But he acknowledged he was facing an uphill battle in seating an impartial jury in the county with a population of only 3,700.

"I'm concerned because there's talk all over the town and the county," Griffin said Monday.

"Everybody here has heard about the case and almost all of them are familiar with wild horses and have a strong opinion about wild horses," he said.

"There reaches an intellectual point where it may not be fair to try this case in this county."

"I've tried murder cases with a lot of publicity. But I have never been involved in a case where everybody on the jury panel knew about it," Griffin said.

"I'll tell you very frankly I don't want this case to go anywhere else because it belongs in Storey County. This is Storey County's business. But it may not be able to be tried in Storey County," he said before making his ruling.