High court decision won’t change Trickle case

Kim Smith

Thursday, May 17, 2001 | 10:44 a.m.

A recent U.S. Supreme Court decision regarding a Tennessee killer who hoped to have his conviction overturned because his victim died more than a year and one day after his stabbing will not have an effect on a Las Vegas case.

The U.S. Supreme Court ruled Monday that Tennessee's Supreme Court correctly decided that Wilbert K. Rogers should not be given any breaks just because his victim died 15 months after Rogers stabbed him.

Rogers had argued that under Tennessee's common law, people cannot be tried for murder if the victim doesn't die within a year and one day of the incident.

Nevada has at least one case in which a person was attacked, but died more than a year after he sustained his injuries.

Chris Trickle, a Las Vegas race car driver who was shot in the head on Blue Diamond Road at Interstate 15 in February 1997, died 13 months later.

Clark County District Attorney Stewart Bell said the Supreme Court decision doesn't affect the Trickle case for two reasons.

First, Nevada no longer has a "one year and a day law," Bell said. Because of the Trickle case, legislators abolished the law two years ago.

Secondly, Bell said, Tennessee's "year and one day law" was a common law and subject to interpretation, whereas Nevada's law had been set forth by legislators and was clear-cut.

Unfortunately, Bell said, the abolishment of Nevada's one year and a day law cannot be applied retroactively.

Should Trickle's killer ever be captured, the most he could be tried for would be attempted murder, Bell said.