Murder defense: It was the other guy

Bill Gang

Friday, Jan. 14, 2000 | 11:29 a.m.

Bill Gang

Although the prosecution has alleged that Charles Randolph was the gunman who executed the bartender with two bullets to the head during a holdup at Doc Holliday's Tavern, his attorney said they have the wrong man.

Deputy Public Defender Will Ewing told the jury during opening statements at Randolph's murder trial that the actual triggerman was Tyrone Garner, who already has been convicted of first-degree murder for what prosecutors contended was his role as getaway driver.

But Ewing didn't contend that Randolph is innocent because the 32-year-old defendant gave statements to police admitting he was with Garner on May 5, 1998, at the pub at Westcliff and Durango drives.

Because accomplices in a robbery that results in a death are guilty of first-degree murder under Nevada's felony murder statute, the issue at Randolph's trial appears to be the sentence.

Garner was sentenced to life in prison without the possibility of parole.

Prosecutors are seeking the death penalty for Randolph because they allege he was the gunman who killed Shelly Lokken after handcuffing her and taking her to the bar's walk-in cooler.

Ewing told the jury in District Judge Michael Douglas' courtroom that there was no evidence of blood on Randolph's clothing but the clothing Garner was wearing was never examined.

He said that makes the police investigation suspect and the prosecution's conclusion that Randolph was the triggerman questionable.

Deputy District Attorney Bill Kephart said that a security videotape from inside the bar showed a man matching Randolph's description, but no second man.

The videotape, which was recovered from the trunk of Garner's car along with the tavern's security recording system and the murder weapon, was not of sufficient quality to positively identify the person inside.

The case was broken open by two women who were smoking crack cocaine in a downtown motel room with Garner when he saw news reports of the murder.

The women alerted authorities after Garner became agitated by the news report and commented that he was going to have to get his Cadillac painted.

A car like Garner's was spotted leaving Doc Holliday's with its lights out by a security guard on duty in a booth at a nearby apartment complex.

Garner, 42, cooperated with police after his arrest and claimed he was merely giving a ride to a friend who said he needed to collect his paycheck from Doc Holliday's, where he had been fired a few days before.

He named Randolph as that man.