Murder charged dropped against unarmed suspect

Jace Radke

Tuesday, Feb. 18, 2003 | 11:15 a.m.

A murder charge against a California man was dropped in Las Vegas Justice Court today.

Taylor Maxie, 23, was facing the charge in connection with a shootout with Metro Police that resulted in the death of Robert Nusbaum, Maxie's accomplice in an alleged bank robbery.

Public Defender Howard Brooks argued that Maxie, who was not armed during the Dec. 31 shootout, cannot be held responsible for Nusbaum's death at the hands of two Metro Police officers under a Nevada law that allows participants in a crime to be charged in any deaths that occur.

"There can't be transferred malice if there was no malice in the killing, and that's what we have here," Brooks told Justice of the Peace Tony Abbatangelo. "This was simply the officer killing in self-defense."

Abbatangelo agreed, saying, "I have no choice under Nevada state law but to dismiss the murder charge."

Nusbaum, 25, was shot and killed after firing at officers William Guesman and Joel Cranford in the parking lot of an apartment complex near Bonanza Road and Lamb Boulevard. The officers, who were determined to be justified in the shooting by a Clark County Coroner's inquest jury, spotted Nusbaum and Maxie sitting in a parked car shortly after the Bank of America branch at 801 N. Nellis Boulevard was robbed.

Police say that Nusbaum exited the car and began shooting at the two officers, who then returned fire.

Maxie ran from police and was taken into custody a short time later. Police found $450 in Maxie's pockets that matched the serial numbers of the cash missing from the bank.

Maxie still faces charges of conspiracy, burglary, robbery and attempted murder.