Death penalty sought in double killing

Bill Gang

Wednesday, Jan. 12, 2000 | 10:28 a.m.

As the double murder trial of Kenshawn Maxey began Tuesday with jury selection, prosecutors were still seeking the death penalty for the man who was just 17 years old when the crime was committed.

But Maxey, now 19, got a bit of good news when prosecutors conceded that only one of the two murder counts is alleged to be first-degree murder, which could result in a death sentence.

That count involves the shooting death of the bartender during the May 1998 holdup at O'Aces Bar & Grill on Rainbow Boulevard.

The other murder count is second-degree murder because it involved the inadvertent shooting death of one of the bandits, Deputy District Attorney Chris Owens said in District Judge John McGroarty's courtroom.

The slayings occurred as Salvatore Zendano, the 25-year-old bartender at the tavern, was struggling with one of the bandits, 18-year-old Lashawn Levi.

While Levi shouted "shoot him, shoot him," Maxey is alleged to have opened fire on the pair with a 9 mm pistol. Both men died from their wounds.

Artis Moore, 20, already has been convicted of murder for his role as the getaway driver and sentenced to life in prison without the possibility for parole.

The Clark County district attorney's office has maintained its pursuit of the death sentence despite a furious international letter writing campaign -- primarily from members of Amnesty International -- protesting the decision that they say is in violation of a human rights treaty.

The treaty prohibits capital punishment for persons who committed crimes while under the age of 18.

Deputy District Attorney David Schwartz has said the over 100 letters he has received have not changed the office's course should Maxey be convicted of first-degree murder.

Of course, the final decision rests with the jury under Nevada law.

In the letters -- from such countries as England, Holland and Germany in addition to the United States -- prosecutors were politely chastised for their death penalty stance and prodded to be lenient in Maxey's case.

A German man stated that the ban on death penalties for juvenile offenders "is so widely recognized and adhered to worldwide that it has become a principle of customary international law binding on all countries regardless of which (treaties) that have or have not ratified."

A Massachusetts man added, "As soon as we start using the death penalty on children, then we as a country lose the high ground in dealing with international problems. All of a sudden we get lumped in with some awful governments."

A British writer stated, "It is disturbing that since 1990, out of 19 people worldwide known to be executed for crimes committed when they were under 18, 10 were executed in the USA."

He noted that the others were executed in Iran, Nigeria, Pakistan, Saudi Arabia and Yemen.

While the letter writing campaign opposed execution for Maxey, the writers made it clear they were not addressing the issue of guilt or innocence.

In addition to the two murder counts, Maxey is charged with burglary, conspiracy, robbery, kidnapping and battery with the use of a deadly weapon.