First-degree murder charges reinstated against group of 10

Thursday, May 16, 2002 | 9:46 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- The Nevada Supreme Court Wednesday reinstated first-degree murder charges against 10 young people accused of clubbing to death a man in a Carson City motel in 1998.

In a 4-3 decision, the court overruled retired District Judge Mike Fondi, who held the criminal complaint warranted only second-degree murder.

Court documents say the group forced their way into a motel room on Aug. 23, 1998, seeking revenge on members of a Carson City Hispanic gang. They were gone, but Sammy Resendiz, 25, was beaten to death with clubs, bats and pipes.

District Attorney Noel Waters filed charges under the felony murder law that makes it automatically a first-degree murder because it happened during a burglary. Under that law, the prosecution would not have to prove the killing was willful, premeditated or deliberate to gain a first-degree murder conviction.

Fondi, however, found that the burglary and the killing were single events and the prosecution must show premeditation in securing a first-degree murder count.

Justice Nancy Becker, who wrote the majority decision for the Supreme Court, disagreed. "The Nevada Legislature has specifically included burglary as one of the crimes that can escalate a homicide to first-degree murder without the necessity of proving premeditation and deliberation," she wrote.

Trial of the first four defendants -- Rocky Boice, Jr., Frederick Fred, Lew Dutchy and Clint Malone -- is scheduled for July 22.

The other defendants are Julian Contreras, Jessica Evans, Jaron Malone, Elvin Fred, Sylvia Fred and Michael Kizer.

Two of the original defendants have pleaded guilty to conspiracy to commit battery with a deadly weapon.