Case of slain girl, 9, going to trial

Dan Kulin

Friday, Nov. 15, 2002 | 10:23 a.m.

The case against the alleged gang member charged in the shooting that left a 9-year-old North Las Vegas girl dead is headed to trial, Justice of the Peace Natalie Tyrrell decided Thursday.

Pascual Lozano, 23, is scheduled to make his first appearance in District Court Nov. 27 on charges including murder and two counts of attempted murder, Tyrrell said.

Special Public Defender Dayvid Figler said Lozano will plead not guilty to the charges.

Chief Deputy District Attorney Ed Kane said he will know by Nov. 27 whether the state will seek the death penalty in the case.

Kane has said the factors that could make this a death penalty case include Lozano's past conviction for a violent crime, that Lozano allegedly endangered more than one person during the event, and the victim, Genesis Estrada, was under the age of 14.

Police allege Lozano was shooting at a rival gang member on Sept. 7 when stray bullets hit Genesis and her younger sister, Heidi. Heidi survived, but Genesis died from her wound.

Lozano's preliminary hearing in North Las Vegas Justice Court ended Thursday with testimony from a new witness, who said he was in the car with Lozano before the shooting.

Kane said the testimony of Darrian Moten, 22, was key to getting the case moved on to trial.

"Certainly Moten saying he was at the scene was a damaging factor," Figler said.

Moten, in custody since Nov. 7 on a material witness warrant, testified Thursday while in handcuffs and wearing jail-issued clothes.

Moten testified that he and Lozano were in the back seat of a car and driving around the North Las Vegas area when they saw a man urinating near a trash bin. Lozano then got out of the car and chased after the man. Moten then heard three gunshots, but did not see who did the shooting. Then Lozano returned to the car, and they left the area.

No gang signs were exchanged between Lozano and the man Moten said he chased, Moten said, contrary to earlier police reports.

Moten said he saw Lozano put something silver in his pocket but could not tell whether it was a gun. But Kane said Moten told police that he saw Lozano put a gun in his pocket.

In response to questioning from Figler, Moten said he was going along with police to get them to stop asking questions.

Figler also said Moten's rights may have been violated because he was held in custody for so long without counsel. Moten was released after the hearing.

Kane said Moten was taken into custody because he was worried Moten would not appear at the hearing on his own.

The preliminary hearing ended without the testimony from Robert Valentine, who Kane alleged was Lozano's intended target.

Kane said he hopes to get Valentine to testify in the trial.

Lozano's bail remained at $1 million.