DA insists no jury misconduct over 311 Boyz indictment

Erica D. Johnson

Friday, Oct. 3, 2003 | 11:26 a.m.

Prosecutors are standing behind an indictment charging alleged members of the 311 Boyz, after a defense attorney claimed the indictment should be dismissed because a grand juror was biased when he decided to charge the teens.

Defense attorney James "Bucky" Buchanan has alleged in a motion to dismiss the indictments that a letter written by Ralph Smith to the Review-Journal shows the juror was not impartial when he voted to charge Buchanan's client, Steven Gazlay, 18 in two battery cases.

Buchanan said Smith's conduct should also make null a separate indictment charging Gazlay and eight other teens with 13 felony counts in an attack on 17-year-old Stephen Tanner Hansen.

Buchanan's motions seek to dismiss all three indictments, saying a new jury should be empaneled.

Clark County District Attorney David Roger said he did not feel there was any juror misconduct.

"We feel there is more than sufficient evidence prevented to the grand jury to justify the indictment," he said. "We don't believe there was any substantial prejudice to the defendant."

The grand jury indicted Gazlay on three felony charges in two separate cases. In one case Gazlay faces a single count of battery with use of a deadly weapon resulting in substantial bodily harm in connection with the burning of another teen with a hot butter knife.

He also faces one count each of battery with use of a deadly weapon resulting in substantial bodily harm and assault with use of a deadly weapon for allegedly beating two teens with a crowbar.

In the incident relating to Hansen, the nine teens are charged with throwing a rock through the window of a vehicle in which Hansen was riding. The rock crushed one side of Hansen's face. The defendants face multiple charges, including attempted murder and battery.

Smith's letter to the Review-Journal calls the teens "spoiled, self-absorbed rich kids who thought they were above the law."

The letter further states that "it would be appalling to see these white gang members get off easy."

Buchanan is scheduled to argue for the dismissal of the indictments before three district judges in hearings scheduled during the next two weeks.

In deciding the motion, Roger said, the judges will likely consider a number of factors, including whether there was probable cause established by the evidence, whether more than 12 jurors voted for the indictment, and whether substantial prejudice to the defendant exists.