Court briefs for August 29, 2001

Wednesday, Aug. 29, 2001 | 9:32 a.m.

Motorist takes plea agreement

A 25-year-old man arrested two weeks ago in connection with a road-rage incident that took the life of a bicyclist in February 2000 pleaded guilty to reduced charges Tuesday.

Lance Dunn pleaded guilty to reckless driving and leaving the scene of a fatal accident.

As a result of his plea agreement, Dunn will serve a four- to 15-year prison sentence for the death of Nicholas Klapp, and prosecutors will agree to dismiss a murder charge.

Police allege Dunn got into an argument with Klapp, 40, at Oakey Boulevard and Santa Margarita Street and then intentionally ran over him with his truck.

Although a number of people saw the incident, it wasn't until a friend of Dunn -- who was a passenger in his truck at the time of the incident -- spoke with investigators in June that police positively identified Dunn as the suspect.

Dunn was arrested Aug. 9. He will be formally sentenced next month.

Murder charge will be dropped

A 31-year-old man arrested in connection with the fatal shooting of a tourist at Harrah's announced Tuesday he intends to enter into a plea agreement.

Deputy Special Public Defender Dayvid Figler said Michael Frimmel will plead guilty to four counts of burglary next month in exchange for a number of other charges, including murder, being dismissed.

As a result of the plea agreement, Frimmel could receive as little as probation or a one- to 10-year prison sentence.

Authorities believe Frimmel and Stephen Mullen Jr. were involved in a number of thefts from various casinos in the days leading up to the Sept. 8 death of a Napa, Calif., resident.

On that day, security guards of Harrah's confronted Mullen and Frimmel because they said they recognized them from the earlier thefts.

The men tried to get away, but Mullen was wrestled to the floor by casino guards, who tried to handcuff him. Mullen pulled a gun from his waistband and fire two shots before guards could take the gun, police said.

One of the shots hit Heather Vitarelli, 29, in the back, and the other hit a security guard in the abdomen. The guard survived. Vitarelli did not.

Figler said that at the time the shots were fired, Frimmel was outside, already in handcuffs. That fact played a part in the negotiations, Figler said.

Two weeks ago Mullen admitted the state has enough evidence to convict him of first-degree murder and attempted murder.

Floyd's parents dropped from suit

The parents of Zane Floyd, who is now on death row after he was convicted last July of shooting to death four people and injuring one at a Las Vegas Albertson's store, won an order Monday to be dropped from a lawsuit filed by a survivor of Floyd's shooting rampage in June 1999.

Kenneth Garley, who claims he was chased by Floyd, sued Floyd, his parents, the gun manufacturer and distributor and the store in Clark County District Court in June for the emotional distress he suffered.

Floyd was convicted last July on four counts of first-degree murder. He was also convicted of attempted murder and of sexual assault and kidnapping for raping an outcall dancer -- just prior to the shooting.

But Clark County District Judge Ron Parraguirre, at a hearing Monday, granted a motion to dismiss Floyd's parents from Garley's suit.

"Zane Floyd is not a minor," Parraguirre said. "He was 23 at the time of the incident. He lived in a separate cottage from his parent's house. He has no special relationship with his parents. There is no continuing duty on the part of his parents."