Charge changed with death of cab driver

Wednesday, Aug. 25, 2004 | 11:11 a.m.

A charge of attempted murder against James Scholl, 33, was changed to murder this morning as Scholl made his first appearance in Las Vegas Justice Court in connection with the death of a cab driver who was set on fire during a robbery attempt.

Las Vegas Justice of the Peace Deborah Lippis set a hearing for Sept. 13 to examine the evidence against Scholl on charges of murder, robbery, burglary, kidnapping, mayhem and third-degree arson in connection with the killing of Pairoj Chitprasart, 51, who worked for Nellis Cab.

Chitprasart died at University Medical Center just before 3 a.m Monday. He had been in critical condition on life support with third-degree burns over 70 percent of his body.

Lippis assigned the Special Public Defender's Office to represent Scholl over the objection of District Attorney David Roger, who has taken the unusual step of handling the case himself.

Deputy Public Defender Nancy Lemke said her office could not represent Scholl because of a conflict of interest: It had previously represented two witnesses expected to testify for the prosecution.

Scholl had said he would have a private lawyer, but his family was unable to retain one.

Roger argued that no conflict of interest existed under the rules issued by the Nevada Supreme Court

But Lemke disagreed, saying the defense might be required to "get into their (the two witnesses) prior records to assail his or her credibility at trial or at the preliminary hearing." Lemke said doing so would represent a conflict.

Lemke said one of the witnesses in question would be critical to Scholl's case because "he was one of the people responsible for turning Scholl in" to authorities.

Lippis said Scholl would continue to be held at the Clark County Detention Center without bail, but told Special Public Defender Alzora Jackson, who now will represent Scholl, that she could file a written motion to address bail.