Court briefs for Dec. 12, 2002

Thursday, Dec. 12, 2002 | 11:11 a.m.

Sentencing set in kidnap, rape

The three men who pleaded guilty in the kidnapping and rape of a 19-year-old woman will be sentenced next month.

Daniel McDaris, 17, and brothers Sergio Chan, 17, and Oscar Chan, 15, appeared before District Court Judge Kathy Hardcastle Wednesday to set a sentencing date, which was set for Jan. 13.

McDaris and the Chan brothers pleaded guilty to multiple counts, including kidnapping, sexual assault and robbery with use of a deadly weapon.

All three will receive a life sentence. McDaris will be eligible for parole after 14 years, Oscar Chan after 19 years and Sergio Chan after 24 years.

A fourth defendant, Alexander Berrillos, 20, took the same deal as McDaris. He will be sentenced Dec. 18.

Police said the Chan brothers kidnapped a fitness trainer at gunpoint Halloween night 2001 and sexually assaulted her.

The brothers picked up McDaris and Berrillos later, police said.

Bomb charge is dismissed

Prosecutors dismissed a separate charge against a man currently serving two life sentences for murdering an elderly woman.

Robert Whitesell, who is serving the life sentences without parole for the January 2001 slaying of 67-year-old Tiffany Averill, was also charged with possessing and transporting a hoax bomb police say he stole from his victim.

In a hearing Wednesday before District Judge Sally Loehrer, prosecutors dismissed the fake bomb charge because the man will already spend the remainder of his life in prison, said Joseph Sciscento, who represented Whitesell in the fake bomb charge.

Whitesell, 33, did not attend the hearing.

Police said Whitesell, a homeless man, and two of his friends robbed Averill and slashed her throat. The fake bomb was later found in a homeless shelter locker Whitesell rented, police said.

Whitesell's co-defendant, Troy Schnabl, also received two no-parole life sentences. Ernest Valezquez, the third-co-defendant, is serving a four- to 10-year sentence as the result of a plea agreement.

Plea entered in girl's death

A Las Vegas man accused of killing a 9-year-old girl in a North Las Vegas shootout pleaded not guilty to murder charges Wednesday.

Pascual Lozano, 23, appeared before District Judge John McGroarty. His trial date is scheduled for June 23.

Lozano faces multiple felony counts, which include murder with the use of a deadly weapon and battery with the use of a deadly weapon.

Prosecutors are seeking the death penalty. Bail is set at $1 million.

Police allege Lozano was shooting at a rival gang member on Sept. 7 when stray bullets hit Genesis Estrada and her sister, Heidi. Heidi survived, but Genesis died from her wound.

Appeal denied in post office killing

The Nevada Supreme Court on Wednesday upheld the first-degree murder conviction of former postal worker Charles E. Jennings, sentenced to life in prison without possibility of parole for the 1996 fatal shooting of a superior at Las Vegas' main post office. Jennings, through his lawyer, asserted there were several errors made at his trial that required his conviction be overturned.

The court rejected his argument. Authorities said Jennings, despondent and suicidal after losing his job at the post office, went on a three-day crack cocaine binge with a friend.

While under the influence of drugs, he drove to the post office at 1001 E. Sunset Road, where he killed James Brown.