Tuesday, Aug. 26, 2003 | 10:18 a.m.
SUN CAPITAL BUREAU
CARSON CITY -- The Nevada Supreme Court on Monday upheld the first-degree murder conviction of Troy Schnabl, one of three men found guilty of slashing the throat of a 67-year-old woman in her Las Vegas home in 2001.
Schnabl claimed in his appeal that his conviction should be wiped out because his confession to police was made without a defense lawyer being present.
The court said there was "substantial evidence" that Schnabl voluntarily waived his Fifth Amendment privilege against self-incrimination and provided police with a statement. It said Schnabl was advised twice of his constitutional rights.
"Schnabl clearly understood his right to have an attorney present and waived this right," said the court, which added that Schnabl freely spoke to investigators at length, describing the crime.
Schnabl and Robert Whitesell were both sentenced to life in prison without the possibility of parole for the murder of Tiffany Averill in her mobile home in January 2001. A third defendant, Ernest Valezquez, entered into a plea bargain and was sentenced to four to 10 years in prison.
The day before the killing, the three men talked about getting guns, robbing a bank and going to Mexico. Schnabl knew that Averill's husband owned several guns. Schnabl told police that the trio went to the Averill home. Averill's husband was in the hospital at the time.
Schnabl said in his statement to detectives that the three offered to buy the guns. Tiffany Averill went to a back room to call her husband for approval of the sale.
Whitesell followed the elderly woman, punched her twice in the head and then slashed her throat with a box cutter. Whitesell stole several weapons and a fake bomb.
Police found the fake bomb in a locker rented to Whitesell, and they found one of Averill's guns in a hotel room rented by Whitesell. During questioning Whitesell implicated Schnabl, police said.
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