Court briefs for February 14, 2002

Thursday, Feb. 14, 2002 | 9:15 a.m.

Felon shot by police is indicted

A seven-time convicted felon who allegedly got into a running gun battle with police officers in November was indicted Tuesday on multiple, unrelated charges.

According to an indictment unsealed Wednesday, Harry Kondiles, 37, faces six counts -- three drug charges, a possession of a firearm by an ex-felon charge, a possession of a stolen vehicle charge and a using false identification charge.

Kondiles was shot more than 20 times when he fired at officers as they tried to arrest him on outstanding warrants.

Kondiles reportedly fired at officers and rammed their vehicles when they tried to arrest him.

Police said Kondiles continued shooting even after he crashed his car at Rainbow Boulevard and U.S. 95.

Kondiles will be arraigned Wednesday by District Judge Joseph Bonaventure and faces a Feb. 28 preliminary hearing on charges relating to the police chase.

Kondiles is being held without bail in the Clark County Detention Center.

Witness fails to identify suspect

Justice of the Peace Nancy Oesterle dismissed a murder charge against a 19-year-old man Tuesday when a key witness failed to identify the suspect at his preliminary hearing, Deputy District Attorney Christopher Lalli said.

Isaiah Broxton was accused of shooting Ashley Forney to death May 8 while the two were staying in an apartment of someone they met in downtown Las Vegas. The pair told the local resident they were visiting from California and didn't have a place to stay, police said.

The woman allowed the couple to stay at her apartment in the 6000 block of West Washington Avenue near Jones Boulevard. She left when the couple started arguing. When she returned Broxton said Forney had taken a walk, police said.

The woman then went into the apartment and found Forney dead in a bedroom closet, police said.

Lalli said that once in court the woman was unable to identify Broxton as the man who stayed in the apartment, and Oesterle dismissed the case against him because of insufficient evidence.

Probation given in academy case

A former theater manager at the Las Vegas Academy was placed on five years' probation Wednesday after pleading guilty to having sex with a 16-year-old student.

Michael Vicious, who lives in Philadelphia, could have received up to five years in prison.

Vicious, 31, told District Judge Joseph Bonaventure he realizes now that his actions were "more than inappropriate" and plans to learn from his mistake.

"I can't express enough how sorry I am," Vicious said as his wife of one year watched.

Bonaventure noted the absence of the victim or her parents at the hearing and said Vicious must now live with a felony conviction on his record.

The judge ordered Vicious to pay a $1,000 fine, attend counseling, submit to periodic polygraph examinations and refrain from spending time alone with minors.

Man injured during fight

A lawsuit has been filed on behalf of a man who alleges two local bouncers watched as he sustained brain injuries in a bar fight.

According to the lawsuit filed Monday in District Court, Robert A. DeWoody became drunk and agitated at a PT's Pub on Durango Avenue and picked a fight with Robert Durling.

When Durling left the bar DeWoody confronted him in the parking lot as bouncers Steffan Albright and Thomas Patrick Sumner watched, the lawsuit states.

Durling kicked DeWoody in the upper body and head, causing him to lose consciousness and fall and hit his head, the lawsuit states. DeWoody suffered permanent brain damage as a result of the incident.

Neither Albright nor Sumner stepped in or called Metro, the lawsuit alleges.

DeWoody's guardian, Delano R. DeWoody, is suing PT's Pub, Durling, Albright and Sumner for unspecified damages.