Homeless man guilty of murder

Kim Smith

Wednesday, Jan. 23, 2002 | 9:59 a.m.

A jury Tuesday found a 45-year-old Las Vegas man guilty of first-degree murder in the January 2001 death of Tiffany Averill.

Troy Schnabl, who had told police he considered Averill, who was 67, a second mother, is scheduled to be sentenced by District Judge Sally Loehrer March 11.

Jury selection for Robert Whitesell, a co-defendant in the case, began Tuesday. Whitesell has also been charged with murder. The men, including a third co-defendant, were homeless.

Schnabl was also convicted of robbery in connection with the woman's death, although the jury found him not guilty of burglary. The jury also did not find that Schnabl used a deadly weapon during the incident.

Schnabl faces 20 years to life on the murder charge and a two- to 15-year sentence for the robbery. Chief Deputy District Attorney Frank Coumou alleged Schnabl led two fellow homeless men to Averill's house so they could steal her husband's gun collection. During the course of the robbery, Averill's throat was slashed with a box cutter, and several weapons were stolen.

Schnabl's attorney, Robert Draskovich, told jurors his client wasn't in the home at the time of the slaying.

Rather, he said Schnabl told co-defendant Robert Whitesell that the Averills might be willing to sell a weapon to Whitesell.

He had no idea Whitesell would kill anyone, Draskovich said.

The jury foreman, who declined to give his name, said prosecutors didn't prove that Schnabl went to the Averill house to commit a crime, although they do believe he should be held responsible in connection with the murder.

They voted not to convict Schnabl of the weapon enhancements, the foreman said, because they believe Whitesell slashed Averill's throat.

A third co-defendant, Ernest Valezquez, entered a plea agreement in July and was sentenced to four to 10 years.