Court overturns death sentence

Thursday, Oct. 18, 2001 | 9:41 a.m.

CARSON CITY -- The Nevada Supreme Court on Wednesday overturned a death penalty for one man but upheld the ruling for his co-defendant in the fatal shooting of a woman in Sparks in 1998.

The court ruled that the death penalty given Robert Servin be reduced to life without possibility of parole because of a question of whether he was the one who shot Kimberly Fondy twice in the head.

The majority decision, written by Justice Miriam Shearing, also said Servin was only 16 at the time of the killing and "his youth has significant value as a mitigating factor" in deciding whether to impose the death penalty.

Justices Myron Leavitt and Cliff Young dissented, saying Servin bragged about the crime and threatened to kill anyone who spoke about it.

"All of these facts reveal Servin's sadistic mental state and desire to torture the victim. The case is certainly one where the defendant and the crime warrant the death penalty."

In a second opinion, the court unanimously upheld a death penalty for Pedro Rodriguez -- 19 at the time -- who devised the plot to invade Fondy's home and take $35,000 that he believed was in her safe.

Rodriguez also bragged about the crime after the shooting. Rodriguez previously had been convicted of felony sexual assault in the rape of a 14-year-old girl.

Before he was sentenced, Rodriguez, who had previously lived with Fondy, said he did not feel sorry for what he had done and told his lawyers he did not want to appeal, although appeals are automatic in death penalty cases.

A third suspect, Brian L. Allen, pleaded guilty and was sentenced to two consecutive life terms without the possibility of parole.

The three men, who were using methamphetamines for a number of hours before the crime, invaded the woman's home to steal the money.

There was no money in the safe. Allen took the safe outside to the waiting car, and Rodriguez came out later. Allen testified he then heard gunshots in the home, where only Servin remained.

The majority opinion on Servin said his death sentence was excessive because Allen escaped the death penalty. Allen was the only witness who could identify Servin as the shooter and the provider of a weapon, the court said.