Self-defense argued in murder trial

By Matt Pordum (contact)

Wednesday, Dec. 8, 2004 | 9:38 a.m.

Sixty-three-year-old Joe Armstead killed 48-year-old David "Indian Dave" Leal on July 17 at Leal's trailer home, but he did it in self-defense, Armstead's lawyer told jurors during the opening of Armstead's murder trial Tuesday.

Deputy District Attorney Christopher Lee told the jury that although Leal lived at Desert Paradise Mobile Home Park at 4070 Las Vegas Blvd. North, the mobile home park "didn't live up to its name" for Leal.

Lee admitted Leal used drugs such as cocaine and methamphetamine, which were found in his body after he died. Lee said Leal had been "hanging out" with four friends when Armstead came over.

Lee told the jurors that those who were present the night of the killing would testify that Armstead knocked on the door and entered, telling Leal, "I need to talk to you in private."

Leal and Armstead would go to the trailer's bathroom and "30 seconds later the door opens and they are fighting," according to Lee.

Lee said witnesses heard Armstead telling Leal to give him money. A struggle quickly turned fatal, with Armstead firing two gunshots, one sending a bullet into Leal's upper left chest.

Lee said the witnesses would also testify that before Armstead fled, he stood over Leal's body still holding the gun. He then drove away in his 1989 Dodge Daytona, but the car broke down before Armstead made it home, according to Lee. Authorities would later locate the vehicle and after determining it fit the description of the car described in a 911 call about the killing, detectives interviewed Armstead at his home in the 4200 block of Las Vegas Boulevard North. Armstead told police he knew Leal, but denied being at his home the day of the murder, police said.

Several witnesses however, later identified Armstead's car as the one in which the man who shot Leal left the trailer park.

Detectives attempted to re-contact Armstead at his home a day later, but his brother told them that Armstead had left earlier that morning and had not returned. Police later arrested Armstead on the streets.

Special Public Defender David Schieck argued that Armstead is guilty of nothing aside from getting into a "struggle" with the deceased.

"This was not a murder, but a struggle over a gun, a gun not brought by the defendant, but introduced by David Leal," Schieck said. "Joe (Armstead) was struggling for his life and should be acquitted of murder."

Schieck said the four people who witnessed the struggle between Armstead and Leal would all offer "four different recollections" as to what occurred. He said perhaps the only consistent piece of testimony they would give is that "not one of the witnesses say they saw Joe arrive with a gun."

Schieck told the jurors they needed to ask themselves why "after the incident all four individuals left, picked up their dope and left." Not one of the four witnesses stayed to talk to the police.

The special pubic defender also said that according to the witnesses' statements Armstead's back was turned to all of them during the fracas. He challenged their ability to remember much at all by telling the jury that Leal's four friends "were over to party" and beer and a glass pipe was found at the scene.

The prosecution was scheduled to continue its case today.