Attorney’s conflict forces delay in gun hearing

Erica D. Johnson

Monday, Dec. 30, 2002 | 10:30 a.m.

One of two men accused of stealing weapons from a state armory has been assigned a new attorney because his initial attorney cited a conflict of interest.

The preliminary hearing for Jonathan Avendano, 21, and Joshua Moyers, 19, was to have taken place Dec. 27 before Justice of the Peace Tony Abbatangelo in Justice Court Friday, but the hearing was postponeduntil Jan. 21.

Avendano's attorney, Michael Villani, replaced Public Defender Pete Christensen after Xay Khang, a client Christensen is defending in an unrelated case, was allegedly caught with one of the guns prosecutors say Moyers and Avendano stole, Deputy District Attorney Victoria Villegas said.

Steve Wolfson, who was appointed Moyers' attorney, also asked Abbatangelo to continue the matter.

Avendano and Moyers are charged with stealing 22 guns and up to 5,000 rounds of ammunition from a state Parole and Probation Department office in Las Vegas on the weekend of Nov. 29.

The two men face 29 felony counts each, including burglary, possession of stolen property and firearms charges. Each count could carry a one to 10-year prison sentence.

Both men are being held at the Clark County Detention Center. Bail is set at $89,000 each.

Attorneys on both sides said a plea agreement could be reached by Jan. 13, which is the next time the two defendants are scheduled to be in court.

Khang was scheduled to appear in District Court this morning before District Court Judge Kathy Hardcastle on the unrelated charge.

His preliminary hearing in the stolen gun charge is scheduled for Friday in Justice Court.