Court briefs for December 19, 2000

Tuesday, Dec. 19, 2000 | 10:54 a.m.

Pair to be tried in robbery attempt

Two men accused of trying to rob two off-duty Metro officers have been bound over for trial.

North Las Vegas Justice of the Peace Stephen Dahl decided Monday there is enough evidence to try Chester Johnson, 18, and Taro Mitchell, 20, on conspiracy, attempted robbery and burglary charges in connection with a Nov. 16 incident.

According to police, the pair approached the off-duty officers while they were playing pool in the garage of one of their homes and attempted to rob them.

One of the suspects allegedly put a gun to an officer's head and a struggle ensued.

Johnson and Mitchell were wounded when one of the officers fired his weapon. They were arrested after being treated and released from local hospitals.

Their arraignments are scheduled for Jan. 3 in District Court.

Man's murder conviction upheld

CARSON CITY -- The Nevada Supreme Court Monday upheld the second-degree murder conviction of a 70-year-old man who was sentenced to life in prison for the stabbing of his girlfriend in Las Vegas.

James H. Burks argued in his appeal that his statement to police after his arrest in 1999 was not voluntary, because he was under the influence of drugs.

The court, in its unanimous decision, said there was testimony from police that Burks appeared coherent and appeared to understand what was going on when he gave his post-arrest statement.

"After reviewing the totality of the circumstances, we conclude that there was sufficient evidence that Burks' intoxication, age and neurological condition did not inhibit his ability to waive his Miranda rights," the court wrote.

Burks was found guilty of the stabbing death of Debra Ann Boykin, 42, in March 1999. He will be able to apply for parole after 10 years in prison.