Court briefs for July 30, 2002

Tuesday, July 30, 2002 | 9:23 a.m.

Trial ordered in deaths of pair

Three Las Vegas men will be arraigned Aug. 13 on open murder charges in connection with the April deaths of two young men.

Chief Deputy District Attorney Ed Kane said Las Vegas Justice of the Peace Tony Abbatangelo ruled Monday there is enough evidence to try Nicholas Felix, 20, Eduvijes Pena, 19, and Manuel Orta, 20, in the deaths of Cleofas Martinez, 17, and Julio Cano, 19.

The teenagers' bound bodies were found by a newspaper deliveryman in the early morning hours of April 22 near Hammer and Auto streets near Craig Road and Lamb Boulevard.

An autopsy revealed the men died as a result of asphyxiation.

According to police reports, Pena told police the victims were kidnapped and killed as a result of a double-crossing in a drug deal.

District Judge Michael Douglas will preside over the case.

Terminally ill man avoids prison

A 63-year-old terminally ill man's prison sentence in a drunken driving case has been suspended so he can die at home.

Chief Deputy District Attorney Gary Booker said William Andrew Brooks had almost four times the legal limit of alcohol in his blood Feb. 2 when his pickup collided with a motorcycle carrying James Mitchell, 52, and Linda Mitchell, 48, on East Craig Road.

James Mitchell was killed and Linda Mitchell seriously injured in the crash, Booker said.

Because Brooks has less than one year to live, Booker said an agreement was reached that will allow Brooks to stay out of prison, but requires him to abide by certain rules.

Brooks pleaded guilty to driving under the influence of alcohol and causing death, and stipulated to an eight to 20-year prison term, Booker said. He will remain on house arrest and is prohibited from driving.

Each of the vehicles at his home will be equipped with a device that stops the car from starting if the driver has been drinking, Booker said.

The plea agreement was reached so that Clark County taxpayers don't have to pay for Brooks' medical expenses while in prison, Booker said.

Brooks has no prior criminal record, Booker noted.

Judges named in murder case

The Nevada Supreme Court has named two District Court judges to sit on a panel to decide the fate of Anthony Dotson, who pleaded guilty in Las Vegas last month in the beating death of an elderly woman.

The court selected Judges Jerry Sullivan of Winnemucca and Steven Dobrescu of Ely to join District Judge Michael Cherry of Las Vegas on the panel that will rule on the penalty for Dotson.

Dotson, who served six years in a California prison for robbing a 75-year-old woman in 1987, pleaded guilty to the December 1999 beating death of Doris Bair, 79, in Las Vegas.

There is disagreement between defense and prosecution lawyers whether the three-judge panel can hand down the death penalty in light of a recent decision of the U.S. Supreme Court. The high court ruled that jurors, not judges, must decide what the aggravating and mitigating circumstances are in death penalty cases.