Lawyers seek to get Pope case tried in Juvenile Court

Kim Smith

Tuesday, May 2, 2000 | 10:39 a.m.

Attorneys for a 15-year-old boy accused of shooting his father to death in January are fighting to have his case handled in Juvenile Court.

Although Nevada law requires juveniles who are charged with murder or attempted murder to be treated as adults, there is an exception for children who are believed to be substance abusers or who have emotional problems.

According to a motion filed Monday by Deputy Special Public Defender Kristina Wildeveld, Conan Pope fits those categories.

Pope was indicted for murder on Jan. 28 in the Jan. 6 death of his father, Frank Pope, 62. His trial is set for Nov. 13.

Wildeveld contends the boy shot his father because his father was walking toward his older sister's bedroom holding a broom in a menacing manner.

Just moments before, the elder Pope found the sink filled with dirty dishes and flew into a rage, throwing the dishes at the two teenagers, according to statements made by Conan and his sister.

Prosecutors, however, believe the teen killed his father in cold blood, noting that the sister, Desiree, told police she heard Conan tell his father he was going to shoot him seconds before the fatal shots.

Last month Wildeveld unsuccessfully argued that the grand jury should hear the Pope case again because they did not hear about Frank Pope's conviction in the death of an infant daughter in 1962 or allegations of abuse involving Conan and Desiree.

She argued that had the grand jury heard such evidence, they may have indicted the boy on less serious charges.

Now, Wildeveld is trying to convince District Judge Mark Gibbons that because of the extenuating factors and because even prosecutors believe Conan Pope was using drugs that his case belongs in the juvenile court system.

"Conan, although charged with murder, has never been before the Juvenile Court for an investigation as to whether or not he is properly being charged with murder, whether he should be charged with some lesser offense, or whether there are exceptional circumstances that would make Conan properly before the Juvenile Court," Wildeveld said.

According to Wildeveld's motion, prosecutors believe Conan Pope used illegal substances habitually and they also pointed to his emotional and behavioral problems when arguing to keep him jailed pending his trial.

"There is further evidence that Frank Pope shared drugs with his children and advocated their use of marijuana and other illegal substances," Wildeveld wrote.

Wildeveld also filed a motion Monday asking Gibbons to reconsider his decision to not dismiss the indictment against the boy and order a new grand jury hearing.

A May 16 hearing has been scheduled on the matters.