Two accused in wild horse slaughter petition court to drop charges

Sandra Chereb

Friday, Jan. 28, 2000 | 4:57 a.m.

RENO, Nev. - Evidence against two men accused in the slaughter of more than two dozen wild horses is insufficient and the charges against them should be dropped, the men's lawyers said Friday.

In motions filed in First Judicial District Court in Virginia City, attorneys Scott Freeman and Marc Picker asked District Judge Michael Griffin to dismiss the case against their clients, Anthony Merlino and Darien Brock, for lack of evidence.

John Ohlson, who represents a third defendant, Scott William Brendle, said he intends to file a similar motion next week.

"The state failed to provide slight or marginal evidence of proof that a crime was committed by Mr. Merlino," Freeman's motion said.

The free-roaming horses were shot during a three-day window beginning Christmas Day, 1998. They included young colts, pregnant mares and wounded mustangs that wandered for days before authorities chased them down and destroyed them.

During a preliminary hearing in September, detectives said the three high school buddies admitted to shooting at horses but denied any part in a mass killing.

A Navy investigator said Brock confessed to holding a spotlight while horses were shot and admitted he fired two or three rounds into a herd of horses.

Authorities said Brendle admitted he shot and wounded one horse but denied killing it, while Merlino said he finished off one wounded horse because he felt sorry for it.

After five days of testimony, a justice of the peace dismissed the more serious charges against the men. Each now faces one felony and one gross misdemeanor charge of maiming or killing another person's animal.

Trial is scheduled to begin April 17.

But in their motions, Freeman and Picker argued even those charges should be dropped.

Both lawyers noted that inconclusive ballistics tests and the lack of fingerprints on spent shell casings meant their clients could not be connected to the crime.

The shootings gained international attention and prompted the equivalent of a dishonorable discharge for Brendle, 22, and Brock, 21, who were lance corporals in the Marines.

Merlino, 20, is a construction workers.