Thursday, Oct. 17, 2002 | 9:30 a.m.
Defense attorneys for a 17-year-old Las Vegas boy accused of killing two men in an hours-long crime spree plan to ask District Judge Joseph Bonaventure next week to drop six of the 12 charges filed against him.
Giles Manley is accused of shooting Isaac Perez, 21, May 10 during a carjacking and causing a crash that killed Patrick Melia, 41, later the same evening.
Police allege that Manley kidnapped Perez, a custodian, from Ruth Fyfe Elementary School and forced him to drive away in Perez's new Lincoln Town Car. When Perez, 21, ran into a Nevada Highway Patrol trooper's car on an Eastern Avenue exit to get the officer's attention, police allege, Manley shot him.
Manley also is accused of shooting Trooper Guy Davis in the foot, then carjacking a sport utility vehicle from a local couple and their infant daughter.
About four hours later, police say, Manley led North Las Vegas Police on a 22-minute high-speed chase that ended when the SUV smashed into Melia's car at Vegas Drive and Decatur Boulevard, killing Melia.
Deputy Public Defenders Joseph Abood and Nancy Lemcke argue that Manley should not have been charged with murder in the death of Melia because it occurred several hours after he allegedly carjacked the SUV owned by Cecilia Aremendariz and Herbierto Casas.
The defense attorneys argue that under the felony murder rule, the slaying must take place during the commission of another crime. They also argue that an SUV is not technically a deadly weapon, so Manley should not be charged with murder with use of a deadly weapon in Melia's slaying.
Chief Deputy District Attorney Christopher Lalli argues in his written response that when police found Manley he was still in the SUV and he was still trying to elude authorities.
"When officers spotted the defendant, a chase immediately ensued. The defendant was reckless driving at speeds in excess of 80 miles per hour and in disobedience of traffic lights in hopes that he would not be caught and implicated in the crime he had committed earlier," Lalli writes.
Nevada law allows for a deadly weapon enhancement to be charged when a vehicle causes a death, Lalli said.
Four of the charges the defense attorneys want to dismiss pertain to the carjacking of Aremendariz and Casas. The attorneys argue that Manley shouldn't be charged with attempted kidnapping because the couple was not in the vehicle when he allegedly drove off in their vehicle.
They also contend that because Aremendariz doesn't speak English, she could not have known Manley was allegedly trying to kidnap her. Additionally, they say Manley shouldn't be charged with two counts of robbery for allegedly stealing the vehicle because Aremendariz doesn't have enough "possessory interest" in the vehicle.
As far as the language argument, Lalli counters that it is what was in Manley's mind at the time of the incident that should be taken into consideration, not what was in the victim's mind. He also says Aremendariz owns the vehicle just as much as her husband does.
Moreover, Lalli said Manley pointed a gun at both Aremendariz and Casas in order to get Casas to move over so he could get into the vehicle -- which fits the definition of kidnapping.
"It is quite clear that the defendant intended to not only take Heriberto and Cecilia's -- he wanted to take them and their child as well," Lalli writes.
Lalli said Manley was charged with attempted kidnapping because the family managed to get out of their vehicle before Manley drove off. He goes on to say that "had the victim family been along for the ride, they too, would no doubt have suffered substantial bodily injury or even death."
Bonaventure will hear oral arguments on the motion Oct. 24.
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