Defense motion delays sentencing in murder

Kim Smith

Wednesday, Oct. 2, 2002 | 9:03 a.m.

The sentencing of a Las Vegas man convicted of killing his brother has been postponed while prosecutors seek input from the Nevada Supreme Court on a defense motion to set aside the verdict.

Defense attorneys Jennifer Bolton and Frank Kocka filed a motion asking District Judge John McGroarty to set aside the second-degree murder conviction of Daniel Jones because of a lack of evidence.

The motion, however, was filed late and prosecutors contend McGroarty no longer has jurisdiction over the case except for the sentencing hearing.

Bolton and Kocka contend they filed the motion late because they believed prosecutors were prepared to offer Jones a plea agreement following the verdict.

Deputy district attorneys Marc DiGiacomo and Bernie Zadrowski deny they were prepared to negotiate the case.

On Monday, McGroarty indicated he believes Bolton and Kocka's motion has some merit, but postponed Jones' sentencing until prosecutors can ask the state's high court if he still retains jurisdiction in the case.

District Attorney Stewart Bell said the defense attorneys' arguments should be brought up on appeal, not at this juncture in the case.

"There is no basis for them to be late even if they believed a deal was in the works," Bell said. "They have got to file that motion within seven days (of the verdict) or get a court order extending the deadline."

Jones could receive as much as a life sentence for the April 2001 death of his brother, Steven.

Jones told jurors his brother lunged at him during an argument, causing him to stumble backward over an open dishwasher door. He said that caused the knife he was holding to plunge into his brother's heart.

The prosecutors told jurors that Jones could be convicted of either first or second-degree murder under several theories. Going into the kitchen to retrieve a knife demonstrates willfulness, premeditation and deliberation -- all elements of first-degree murder, they said.

In addition, at least one witness testified Steven Jones also issued his brother a challenge to fight him.

A person can be convicted of second-degree murder, DiGiacomo said, if that person kills someone involuntarily during a crime that, by its very nature, could result in the loss of life.

Brandishing a knife, DiGiacomo said, is such a crime.

The next hearing in the Jones case will be Dec. 3.