Ex-postal worker’s murder conviction overturned

Friday, May 5, 2000 | 11:48 a.m.

CARSON CITY -- The Nevada Supreme Court Thursday overturned the first-degree murder conviction of former Las Vegas postal worker Charles Jennings, who fatally shot a superior who had been involved in his firing.

A three-judge panel, in a decision written by Justice Miriam Shearing, said the prosecution changed the theory in its case in the middle of the trial after Jennings testified in the Dec. 16, 1996, death of James Brown.

Jennings said Brown died when a gun fired as the two were struggling over it. After he testified, the district attorney's office amended its information to add a felony-murder theory, alleging Jennings kidnapped Brown before shooting him.

Under the Nevada felony murder law, a person can be convicted of first-degree murder if a death occurs during the commission of a violent felony, such as kidnapping. He was convicted and sentenced to life in prison without possibility of parole.

Shearing said Jennings has a constitutional right to be clearly informed of the nature and cause of the charges to permit preparation of an adequate defense. She said Jennings did not have that opportunity.

"In this case, Jennings had no notice, before he testified, of any allegations of facts that would support a charge of felony murder," Shearing said. "Therefore, he had no opportunity to defend the charge.

The court said Jennings had admitted to investigators that he had called Brown over at gunpoint. But the state did not alter the charge to felony murder until the defense had almost completed its case at trial.

"Jennings had no reason to expect that the state would allege his act of beckoning to his victim with a gun in his hand constituted a kidnapping," Shearing said.

Witnesses at the trial said Jennings had become despondent and suicidal after losing his job. When the termination was upheld, he started on a three-day crack cocaine binge with a friend, according to testimony.

While under the influence of drugs, Jennings drove to the post office at 1001 E. Sunset Road to kill James Brown, 59, and perhaps two other post office executives, according to testimony.

Jennings told police after his arrest that the two men struggled for the gun, which discharged. Brown suffered two gunshot wounds in the head. After the shooting, Jennings turned himself in and admitted the shooting to police.

The case will go back to District Court, probably for another trial.