Witness’s bulletproof vest not cause for new trial

Kim Smith

Thursday, Jan. 11, 2001 | 10:21 a.m.

A 22-year-old Las Vegas man who was convicted of murder with the help of a prosecution witness who wore a bulletproof vest on the stand lost his bid for a new trial Wednesday.

Richard Barrientos was convicted last February of shooting Gary Linzy, 20, to death in September 1996.

On Wednesday defense attorney Stan Walton attempted to persuade District Judge Kathy Hardcastle that the jury was unfairly influenced by the witness who wore the bulletproof vest. He also argued that at least three jurors saw Barrientos' name on a criminal calendar hanging outside another judge's courtroom.

Chief Deputy District Attorney Mike O'Callaghan told Hardcastle that he was unaware of the vest until the witness took the stand, but in any event, there is no law that says a person can't wear such a vest on the stand.

There was also no indication the witness wore the vest because he was afraid of the defendant and the jurors didn't know Barrientos was a gang member, O'Callaghan said.

As for the calendar, O'Callaghan said the jurors he spoke to after the trial thought it referred to the same case they were sitting on. They didn't realize it was another case.

Hardcastle denied Walton's motion for a new trial, saying she didn't think the jury was unduly prejudiced. The vest could have appeared to the jurors as some sort of a back support device.

There is no evidence the calendars were discussed during deliberations, either, Hardcastle said.

Barrientos loudly objected to Hardcastle's ruling and had to be led from the courtroom after he ignored Hardcastle's admonishment to keep quiet.

"But I didn't do it your honor," Barrientos repeatedly proclaimed.

According to prosecutors, Barrientos and two other gang members were in the process of moving when they came across Linzy and Antonio Figueroa, 18, in the parking lot of the Sundance Apartments, 6500 W. Charleston Blvd.

The men had been in an altercation in the past and prosecutors allege Barrientos and Kendrick Collier jumped out of a U-Haul truck and opened fire on Linzy and Figueroa.

Linzy was struck numerous times and died and Figuerora escaped with a gunshot wound in the foot.

Collier was arrested later that night, but prosecutors didn't have enough evidence to charge Barrientos until March 1998, but by then he had fled the area.

Barrientos was booked for Linzy's murder in February 1999 after he was arrested in an unrelated attempted murder case. He is still awaiting trial in that case.

Barrientos faces two no-parole life terms and an additional four to 40 years when he is sentenced Jan. 24.

Collier is already serving two life without the possibility of parole sentences in connection with the case.