Murder charge dropped

Kim Smith

Monday, March 26, 2001 | 10:27 a.m.

A murder charge against an 18-year-old Las Vegas man has been dropped because of a procedural error at his preliminary hearing.

District Judge Joseph Bonaventure dismissed the case against Vernon Craft because the state's key witness was forced to testify against Craft even though he had tried to invoke his Fifth Amendment right not to incriminate himself.

Bonaventure ruled there is not enough evidence to try Craft without Eric Heinz's testimony.

Craft was accused of shooting North Las Vegas resident Derrick Mitchell to death in July on West Street. He was arrested three weeks after the slaying after police received tips as to his whereabouts.

According to Bonaventure's written ruling, the Nevada Supreme Court in 1996 ruled that a witness can invoke his Fifth Amendment right "even when no specific question" has been asked.

The justice of the peace who presided over Craft's preliminary hearing threatened Heinz with contempt of court when he tried to assert his Fifth Amendment right after he was asked the first question.

As a result, Bonaventure said, Heinz testified.

Deputy District Attorney Christopher Lalli said Bonaventure's ruling left the door open for charges to be re-filed should further evidence against Craft be discovered.