Court briefs for September 18, 2001

Tuesday, Sept. 18, 2001 | 10:23 a.m.

Broken promise cited by court

A Las Vegas man will be able to withdraw his guilty plea in his girlfriend's slaying because a District Court judge broke his promise to allow him to remain free until he was sentenced.

A panel of the Nevada Supreme Court ruled Monday that David Crawford should be permitted to withdraw his guilty plea to the fatal shooting of Gloria J. Dugan in March 1997.

Crawford entered into negotiations that he would plead guilty and be sentenced to two consecutive terms of life in prison without the possibility of parole. He entered the plea in August 1999 with the understanding he would remain free on $360,000 bail until after Christmas when formal sentencing was to be set.

A week later District Judge Jeff Sobel revoked the bail.

The Supreme Court said there was "compelling credence" to Crawford's claim that his guilty plea was conditioned by Sobel's oral promise to allow him to remain out of custody until after Christmas.

New law changes status of sales

There's good news for those who sell fake drugs.

The Nevada Supreme Court ruled Monday the sale of an imitation controlled substance is a misdemeanor, not a felony.

Two conflicting laws, both passed in 1995, set different penalties for the same crime. The court said that the law setting the punishment as a misdemeanor takes precedent because it was passed after the felony statute.

The felony law, the court said, is "repealed by implication."

It overturned the felony conviction of Charles E. Washington, who was charged with offering to sell cocaine to an undercover police officer in Reno, but the substance was not cocaine.

Washington had been placed on probation.

Suspect's health problem cited

An attorney for a man suspected in a series of casino heists and the slayings of two armored truck guards says his client can't receive proper medical care in the jail and wants him released on bail.

Defense attorney Michael Cristalli said Pedro Duarte, 37, suffers from a lung ailment that causes his lungs to collapse and places his life in danger.

Cristalli said the Clark County Detention Center can't provide the medical treatment necessary and therefore Duarte should be released on bail.

Duarte, Jose Vigoa and Luis Suarez face charges in seven casino robberies between June 1998 and June 2000. They are also suspected of killing two armored truck guards in Henderson in March 2000.

So far, however, Duarte has only been charged with seven counts pertaining to a June 1999 Desert Inn robbery in which two guards were shot.

Cristalli argues the evidence against Duarte isn't enough to convict him. He hopes to convince Justice of the Peace James Bixler Thursday that Duarte is neither a flight risk nor a danger to society.