New trial sought in botched murder of romantic rival

Greg Tuttle

Tuesday, Sept. 26, 2000 | 11:29 a.m.

Defense attorneys for a man facing a possible life sentence for the botched murder of a romantic rival by a friend who killed the wrong man are seeking a new trial.

Keith Shanley does not deserve to spend the rest of life in prison while the actual triggerman who gunned down George Veit two years ago in a case of mistaken identity could walk free on probation, according a motion filed in Clark County District Court Friday by Shanley's attorneys.

Shanley, 30, was convicted by a jury last month of murder in connection with the February 1998 shooting death of Veit, the manager of an auto transmission shop. He also was found guilty of discharging a weapon into a building, conspiracy to commit murder, burglary with use of a deadly weapon and attempted murder.

During the trial, prosecutors said Shanley told several people he wanted to kill Veit's co-worker, Steve Conley, who was living with his ex-girlfriend. Two of Shanley's friends, Steven Acosta and Kurt Johnson, decided to kill Conley, but shot Veit by mistake.

Acosta is accused of being the triggerman, but prosecutors dropped several charges against him during his trial two weeks ago in exchange for his guilty to plea to a single charge of conspiracy to commit murder. Acosta faces a sentence of two to 10 years, but a judge could chose to sentence him to probation.

Johnson was accused of driving the get-away car during the shooting. He struck a deal with prosecutors to testify against both Shanley and Acosta at trial in exchange for reduced charges. All three men have yet to be sentenced.

Shanley's defense attorneys, Daren Richards and Dayvid Figler, call the case an example of "manifest injustice" because Shanley was not present at the shooting but faces a much harsher sentence than Acosta.

"Shanley is exposed to life without the possibility of parole plus approximately 65 years for the other offenses," the attorneys said in the motion. "Even if Shanley receives life with the possibility of parole, his sentence exposure is 10 times that of Acosta, who the state alleged was the man who actually and alone killed George Veit."

Deputy District Attorney David Wall, who prosecuted the case, could not reached for comment on the motion.

Shanley's defense attorneys also said new evidence in the case, which surfaced during Acosta's trial, could lead a jury to find Shanley innocent of the murder.