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June 1, 2012

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Vigoa backs out of deal

Thursday, June 20, 2002 | 9:18 a.m.

With a picture of his son in his coat pocket, Gary Prestidge went to Clark County District Court Wednesday hoping for "closure" after his son's slaying.

Instead, Prestidge was disappointed to learn that Jose Vigoa, who is charged in the March 2000 armored truck robbery and double homicide that cost his son's life, chose not to accept a plea agreement. Vigoa is also charged in a string of casino robberies.

"I'm getting worried that he could walk," Prestidge said as he left the courthouse. "No matter what penalty they give the man it can't bring my son back.

"I just don't want him to hurt someone else's family the way he hurt mine. I wish someone could promise me he'd be off the streets forever."

The plea agreement was to be presented to District Judge Mark Gibbons Wednesday morning, but was rescheduled to noon when Vigoa's deputy public defenders, Drew Christensen and Howard Brooks, asked for more time to work on paperwork. About 12:15 p.m. the hearing was reconvened, and Christensen indicated that no settlement had been reached.

"We are now preparing for trial and at the same time we are still in the process of negotiating with (prosecutors)," Christensen said.

Vigoa, 42, now faces the prospect of a July 8 trial date, and could face the death penalty if convicted in the slayings of Richard Sosa, 47, and Gary Dean Prestidge II, 23, and robberies at the MGM Grand, Mandalay Bay, Bellagio and Desert Inn.

It had been speculated that the plea agreement would likely have called for Vigoa to receive a life sentence without the possibility of parole.

Both Christensen and Chief Deputy District Attorney David Roger refused to comment on exactly what the agreement entailed, or what caused the possible settlement to break down.

"Any agreement we had is no longer on the table, and the death penalty is an option," Roger said. "It would be improper for me to comment on an agreement now, but we are ready for trial and we plan to go forward."

Roger said that he was sorry for the ordeal the victim's family members have had to go through as the case moves toward trial.

"I have great empathy for the families that have had to live with this for two years," Roger said. "Their saga will continue."

Court officials are now anticipating a lengthy trial that would rank among the biggest in state history.

"It's in the category of the Binion trial," Michael Sommermeyer, court information officer, said. "It will be like today multiplied by 30 days."

A trial would include some of the same security precautions in place Wednesday. Anyone wanting to get into the courtroom had to pass through two metal detectors and by three Metro Police officers with machine guns.

A total of 15 uniformed Metro and Corrections officers provided security for the hearing as well as several plainclothes officers and detectives.

The security precautions partially come in response to an alleged escape attempt by Vigoa earlier this month. Clark County jail officials said Vigoa used a metal mirror frame to chisel a hole into his cell window. They theorized that Vigoa planned to drop from his cell to a jail sally port 30 feet below, then another 20 feet to the ground.

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