Knowledge of bank robbery key to case

Erica D. Johnson

Tuesday, Feb. 4, 2003 | 9:57 a.m.

The question of whether a California man knew his friend was planning to rob a local Bank of America was paramount Monday during a hearing in Las Vegas Justice Court to determine whether there is enough evidence to try him.

Taylor Maxie, 23, told police that he and Robert Nusbaum, 25, were planning to commit a robbery Dec. 31 when they left their room at the Lady Luck, Metro Detective Ken Hardy testified.

"(Maxie) had an idea that a robbery was going to occur," Hardy testified. "He just didn't know if it would be a bank or a smaller store."

Nusbaum was shot and killed by police following the robbery. Maxie is charged with murder under a Nevada law that allows such charges against principals in crimes that result in death.

Maxie is being held at the Clark County Detention Center. Bail is set at $500,000.

Hardy said the two had pulled into an apartment complex parking lot when they were apprehended by police.

"They were splitting the money when Maxie noticed a patrol vehicle and two officers," Hardy said. "And that's when he took off running south."

Police found $450 in Maxie's pockets that matched the serial numbers of the cash missing from the bank, Hardy testified.

But Public Defender Howard Brooks claims Maxie did not know Nusbaum was planning to rob the bank.

Brooks on Friday filed a motion asking Justice of the Peace Tony Abbatangelo to drop the murder charges against his client.

Because the shooting was deemed justifiable at a coroner's inquest, Brooks said, Maxie can't be charged with murder.

Abbatangelo is expected to hear arguments on the motion Feb. 18. He is also expected to determine whether Maxie's case will be bound over to District Court at that time.

"You were obviously hanging around with a pretty bad guy," Abbatangelo told Maxie. "The reason you're charged with murder is because it's foreseeable that if someone has a gun and they rob or burglarize a place, a murder could occur."