Las Vegas Sun

November 16, 2009

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Suspect’s friends blamed in killing

Wednesday, Jan. 16, 2002 | 9:44 a.m.

After Troy Schnabl was arrested in the gruesome death of Tiffany Averill last year, he asked a detective for a gun so that he could commit suicide, but not because he killed her, defense attorney Robert Draskovich told jurors Tuesday.

Instead, Schnabl, 45, wanted to die because although he didn't slash the 67-year-old woman's throat, he knew he was responsible for Averill's death by letting some "wolves in with the sheep," Draskovich said.

When Robert "Sarge" Whitesell, a fellow homeless person, asked him where he could buy a gun, Schnabl recommended Whitesell negotiate with his friend Herbert "Russ" Averill and pointed out his mobile home on North Lamb Boulevard.

He had no idea that Whitesell and Ernest "Wolf" Valezquez would end up robbing and killing Tiffany Averill, Draskovich said.

"Troy Schnabl is guilty of having bad friends. He is guilty of having bad judgment, nothing else," Draskovich said. "In this case, Troy Schnabl should not be held accountable for the acts of others."

Chief Deputy District Attorney Frank Coumou, however, told jurors that detectives will testify that Schnabl confessed he was in the Averill house during the Jan. 15, 2001, slaying and the men went there with the intention of robbing the Averills.

Schnabl told detectives Averill let them into her home and she became nervous when Whitesell asked her if he could purchase one of her husband's guns. He said he watched Whitesell follow her into the master bedroom, strike her and stuff several guns into a duffle bag.

Coumou said Schnabl described hearing a gurgling noise from the bedroom and later asked Whitesell if Averill was going to be OK.

Schnabl quoted Whitesell as saying "Yeah."

Coumou told jurors the three men stole seven weapons, a fake bomb and an unopened bottle of Jack Daniels whiskey from the Averill home.

The men were arrested two months later in part because the fake bomb was found at a homeless shelter and Averill's husband, a former North Las Vegas constable, recognized its description in a newspaper article, Coumou said.

Whitesell's girlfriend also told police she remembered the men drinking from a bottle of Jack Daniels the day of the slaying, Coumou said.

Draskovich said none of Schnabl's conversations with the police are caught on tape and Whitesell's girlfriend, Betsy Roth, can't be believed.

Whitesell is scheduled to go to trial immediately after Schnabl. Valezquez entered a plea agreement in July and was sentenced to four to 10 years.

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