Killer no longer facing execution

Wednesday, Nov. 20, 2002 | 11:20 a.m.

CARSON CITY -- The state Board of Pardons today commuted the death sentence of two-time killer Thomas Nevius to life in prison without the possibility of parole because he is borderline mentally retarded.

Nevius muttered "thank you" to his attorneys Michael Pescetta and Fran Forsman after the unanimous vote. Forsman is the Federal Public Defender and Pescetta is the capital punishment attorney in that office in Las Vegas.

Pescetta said this was the first time he has ever received a commutation in a capital case. He has processed appeals for Nevius for six years.

The U.S. Supreme Court ruled this year it was unconstitutional to put to death mentally retarded inmates. This is the first commutation under that decision. Another case is pending.

Chief Justice Cliff Young of the Nevada Supreme Court and a member of the pardons board, asked if Nevius would be eligible for further reduction of sentence in the future.

Clark A. Peterson, chief deputy district attorney and capital case coordinator in Clark County, said Nevius could appeal for a lesser term but that the district attorney's office would "vigorously oppose" any further reduction.

Justice Nancy Becker, a member of the board, agreed with the commutation, but said she would not support any further reduction in the sentence.

Peterson read a statement from District Attorney Stewart Bell and District Attorney-elect David Rogers that said the death penalty was warranted in this case. But they withdrew their objections to the commutation in light of the Supreme Court ruling.

In July 1980 Nevius and three other men entered the home of David and Rochelle Kinnamon in Las Vegas. David was at work and Rochelle was watching television shortly before midnight.

The four ransacked the apartment. Nevius and another man dragged Rochelle into the bedroom and began sexually assaulting her. All four fled out the window when David came home. Nevius fired four shots that hit David who was killed by a bullet in his head.

Rochelle Kinnamon was pregnant at the time and gave birth to a stillborn baby two days after the incident. Rochelle Kinnamon died several years later.

At the time of the killing, Nevius was identified as the shooter by his companions. Defendant Greg Everett received life without the possibility of parole; Art Tiger got a life sentence with the possibility of parole in 2020 and David Nevius, the half brother of Thomas, received probation.

When Nevius was 15, he shot and killed a rival gang member in Philadelphia in 1971. He pleaded guilty to second-degree murder and spent time in a juvenile detention facility. He was released eventually to a half way house but he fled from the facility and moved to Las Vegas to be with his father.

Pescetta and Peterson said there was one other case that fits under the Supreme Court definition. Pescetta said that is James Hill who has an IQ of 59 that is lower than the 72 tested for Nevius.

Pescetta and Peterson said that case was still in litigation in the Clark County District Court on other matters, including whether Hill was actually involved in the crime.

Hill and his co-defendant Brian Marshall were accused of breaking into the Las Vegas apartment of Leroy and Altonia Matthews in March 1983. Hill was accused of sexually assaulting Altonia by forcibly inserting a stick into her rectum. She died two days later.

Hill and Marshall both blamed each other for the sexual assault and murder. Marshall pleaded guilty and received life with the possibility of parole.

Peterson said that the Legislature will have to change court procedures in light of the decision by the U.S. Supreme Court on executing the mentally retarded.

A person is defines as mentally retarded when their IQ is about 70. The three recent psychologists who examined Nevius said he was in the 72 ranges.

The pardons board had met last year to consider commuting the sentence. But Gov. Kenny Guinn, the chairman of the board, said he wanted additional testing of Nevius to determine his mental capabilities.