13-year-old pleads not guilty to charges of attempted murder
Friday, Aug. 6, 2004 | 9:48 a.m.
A 13-year-old boy pleaded not guilty Thursday to two counts of attempted murder in connection with the May 18 shooting of two Mexican immigrant construction workers.
Mario Velasco is being charged as an adult in connection with the shootings of Ramon Renteria, 30, and Octavio Sandoval Lora, 31. If convicted as an adult and sentenced to consecutive terms, Velasco faces eight to 80 years in prison.
Nevada law requires anyone 8 or older who is charged with murder or attempted murder to be tried as an adult.
Velasco is scheduled to stand trial beginning Nov. 18 before District Judge John McGroarty.
McGroarty entered the not guilty plea on Velasco's behalf so that his attorney, Chief Deputy Public Defender Curtis Brown, could file a future motion questioning Velasco's competency.
Brown said he was in the process of having Velasco's competency evaluated.
"I'm not so sure a 13-year-old is really competent enough to make life decisions," Brown said. "Is he making decisions or is he just doing what I say? I'm not sure he understands the questions such as 'Does he want a speedy trial?' 'Should he testify or not?' and 'Does he understand the consequences of the crime?"'
Brown said if Velasco is found to be incompetent his case should be sent to the juvenile system, which "is geared toward youths and doesn't have the same lifelong impact" as the adult system.
Brown, who remains optimistic that Velasco's case will end up in the juvenile system, said the law should protect juvenile offenders the same way it protects victims.
"The law protects victims, 13- and 14 year-old girls and boys, saying they are incompetent of making decisions to have consensual sex," Brown said. "The system decides for them, but on the other side of the law, juvenile defendants don't have the same protections in all cases. It's presumptuous to assume everyone at that age knows what's going on."
Velasco is being kept in the juvenile detention center and will remain there for the rest of his case unless a judge orders him moved to the Clark County Detention Center, officials said.
Through an interpreter, Sandoval Lora testified in Spanish that Velasco and his 16-year-old partner, whom police have identified as Timothy Monahan, had stared at him and Renteria on several occasions near their apartment in 2800 block of Stewart Avenue.
Velasco is accused of illegally possessing a 9mm pistol and giving it to Monahan, who police allege then shot the two men. Monahan, who also faces adult attempted murder charges, remains at large.
Chief Deputy District Attorney Victoria Villegas said Velasco is charged with attempted murder because he "aided and abetted" Monahan in the shooting of Sandoval Lora and Renteria by handing the weapon used in the shootings to him, and when a situation like that occurs the proper charge under Nevada law is attempted murder in the adult system.
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