Weber may face death penalty

Keith Paul

Monday, April 29, 2002 | 11:08 a.m.

Prosecutors are expected to decide in the next two weeks whether to seek the death penalty for double-murder suspect Timmy J. Weber, who was captured Sunday night at a mobile home owned by his slain girlfriend's father.

"Oh yes, I want him to get the death penalty," said Ella Breclaw, stepmother of Kim Gautier who with her son Anthony was found dead April 4 in her house on First Street near Bonanza Road. "We're a Christian family and always thought the death penalty should be banned. But for this, he doesn't deserve to live."

After 24 days on the run, Weber, 28, raised his hands in the air and walked out of a mobile home in the 6600 block of Delphinium Avenue, near Craig Road and Rainbow Boulevard, about 7:30 p.m. Sunday after Metro Police officers surrounded the home. Weber's first appearance will be in Las Vegas Justice Court Wednesday morning.

The more than three weeks on the run likely wore Weber down as police launched a massive manhunt for the seven-time felon, police said.

"He said he had not eaten in about six days and knew that everyone was looking for him," Lt. Tom Monahan of Metro's homicide unit said. "When people are worried about survival, they tend to be less in a position to fight."

His ultimate survival will likely be left up to a jury, if prosecutors decide to seek the death penalty.

"First and foremost we have to determine if there are statutory aggravating factors, and I believe without question there are," said Robert Daskas, a deputy Clark County district attorney who will prosecute Weber.

Weber is charged with killing Gautier, his 38-year-old girlfriend, and her 15-year-old son. Weber had a four- to five-year, on-again, off-again relationship with Gautier, but apparently moved into her home about three weeks before the slayings.

Weber is also accused of tying up Gautier's 14-year-old daughter April 4 and leaving her in a bedroom for an hour before returning and assaulting her.

Police conducted daily searches of areas known to Weber and checked out the numerous sightings, but the manhunt ended the way many police thought it would -- with a call from a resident.

About 6:30 p.m. Sunday a neighbor of the Breclaw's trailer, Darcy Spaulding, noticed that the vacant home had black garbage bags over the window. She called police and soon after, with the home surrounded, Weber gave up.

The trailer was the home that Gautier was going to move into with Weber and her children. Shortly before the slayings, Weber and Gautier had gone into the trailer and started painting it and clearing it out.

Weber had a key and police had checked the home several time.

"It's down the street from us, probably a quarter-mile from our house," Breclaw said. "He likely thought the kids might be with us. We really felt he was after the family. Last night was a relief of a lot of emotion."

The family had cause for the concern, as Weber is accused of attacking Gautier's surviving 17-year-old son, Chris, at her home on April 14. Chris Gautier had returned home to retrieve some items for the funeral of his mother and brother that day. He told police Weber was in the house and attacked him.

Gautier, with the help of a teacher who was caring for the teen, fought Weber off. Weber was able to escape and fled through the storm drains.

Police determined that on April 14 he ran through the drains and didn't stop until he surfaced near Palace Station hotel, Monahan said.

Police believe Weber left Las Vegas after the April 4 killings and went through California, Oregon and Washington before he returned. Police suspect he has an obsession with the 14-year-old girl.

Police found child pornography on Weber's computer along with pictures of clothed young teenage girls. None of the pictures were of the 14-year-old girl.

After the teen was attacked, she was left alone, bound in her room. Her brother, Chris, came into the home and freed her. They fled the home and contacted police, starting the massive manhunt.

Neither of the surviving children has been to school since the slayings, but the girl has been doing her school work each night, family members said.

"She wants to go to college and do the things that everyone gets to do," Breclaw said. "Hopefully now that he is caught, she can."