Gazlay enters not-guilty plea

Erica D. Johnson

Tuesday, Oct. 14, 2003 | 11:15 a.m.

One of the alleged 311 Boyz charged in three separate attacks in northwest Las Vegas pleaded not guilty on Monday to charges that he beat two young men with a crowbar.

Steven Gazlay, 18, 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 in the beating of 20-year-old Sean Quinn and his friend, James Sarlo.

After the arraignment, District Judge John McGroarty released Gazlay on his own recognizance and withdrew a $50,000 bond the teen was expected to post during the hearing.

The waived bail, however, was only a small victory for the defense. The judge denied a defense motion asking to dismiss the indictment that charged the teen in the first place.

Gazlay's attorney, James "Bucky" Buchanan, argued that Ralph Smith, a member of the grand jury that indicted Gazlay, was prejudiced when he deliberated the case.

But McGroarty said that that even without Smith's vote, more than enough grand jurors had voted to charge the teen. During grand jury proceedings, 12 or more jurors must vote to return a true bill. In Gazlay's case, all 14 jurors voted to charge Gazlay, according to court documents.

Buchanan said he would consider appealing the issue with the Nevada Supreme Court.

Buchanan claims Smith expressed bias toward Gazlay in a letter that was published in the Review-Journal weeks after Gazlay and eight other teens were indicted in a rock attack on 17-year-old Stephen Tanner Hansen.

After the letter was published, Smith sat on two other grand juries that indicted Gazlay -- in the crowbar case and another case in which Gazlay is charged with burning a teen with a hot butter knife.

Buchanan was scheduled to present the same argument asking to dismiss the indictment in the butter knife case this morning before District Judge Valorie Vega. He is set to argue an identical motion relating to the Hansen case next week.

Chief Deputy District Attorney Christopher Laurent said Buchanan's argument was irrelevant considering the circumstances. Even without Smith's vote, probable cause still existed against Gazlay, he said.

"It is a determination of probable cause, not a determination of guilt," he said.

In his letter to the newspaper, Smith referred to the teens as "spoiled, self-absorbed rich kids who thought they were above the law." He also wrote, "it would be appalling to see these white gang members get off easy."

Prosecutors have confirmed that the man who wrote the letter is the same Ralph Smith who sat on the jury.

"(Smith) says that because (Gazlay) is white, he should go to jail," Buchanan argued. "Unbelievable."

Buchanan said Smith has a history of unethical behavior. In a case pending against Richard Andrew Dimare, Buchanan claims Smith engaged in inappropriate online chats with the 14-year-old alleged victim. Dimare faces multiple charges, including statutory sexual seduction.

Dimare's attorney, William Terry, filed a motion in that case to dismiss the charges against his client, listing Smith's alleged behavior as one of several reasons the indictment cannot stand. That motion was denied.

Laurent defended Smith's actions in the Dimare case. He said that when Smith realized he'd chatted with the girl online, he immediately informed Laurent of the possible conflict of interest and Smith ultimately did not deliberate the case.

"He did exactly the appropriate thing," Laurent said.

Gazlay and the eight other teens face 13 felony charges in the separate attack that injured Hansen. Hansen was seriously injured when a rock was thrown through the window of a vehicle in which he was riding, hitting him in the face.

Outside court Buchanan said Gazlay maintains his innocence in all three cases. He said he is looking forward to his client's day at trial, which was scheduled for Dec. 8 in the crowbar case.

"We're not even talking plea bargains," he said. "My client has not been offered a deal and I don't think (prosecutors) will ever offer him a deal. We're going to trial."