Charges reduced for defendants in Carson City murder

Sunday, Feb. 20, 2000 | 10:21 a.m.

At a Friday hearing, Carson District Judge Michael Fondi reduced the charges against Julian Contreras, Rocky Boice Jr. and Lew Dutchy from first- to second-degree murder.

Fondi took the action at the request of defense lawyers, who said the first-degree murder charge should not be applied to the case.

Lawyer Todd Young, who represents Dutchy, said the charges were based on a weak interpretation of a law that allows for a first-degree murder charge when it's committed in the commission of a home-invasion battery.

Prosecutors would not have to prove premeditation, as is the case with a traditional first-degree murder charge, he added.

District Attorney Noel Waters argued the first-degree murder charges should stand.

The three are among 10 people accused of beating ex-gang member Sammy Resendiz, 25, to death Aug. 23 in a Carson City motel room after a party.

Fondi's ruling means the three cannot face the death penalty if convicted.

Two other hearings are scheduled for late March on motions for the seven other defendants. All defendants are between the ages of 16 and 25.

Of the original 12 suspects, two have pleaded guilty and received suspended sentences.

Fondi earlier ruled that a Reno Gazette-Journal photographer would not be permitted to shoot photos during Friday's hearing.

Fondi cited concerns that Dutchy was the only defendant present, but said his decision didn't preclude photographs at future proceedings.

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