13-year-old to stand trial as an adult
Friday, July 23, 2004 | 11:06 a.m.
A baby-faced 13-year-old boy will stand trial as an adult on two counts of attempted murder in connection with the May 18 shooting of two Mexican immigrant construction workers, Las Vegas Justice of the Peace Nancy Oesterle ruled on Thursday.
Mario Velasco is charged in connection with the shootings of Ramon Renteria, 30, and Octavio Sandoval Lora, 31. If convicted 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's lawyer, Deputy Public Defender Curtis Brown, said he hopes the district attorney's office will agree to a plea bargain so that a lesser charge will allow Velasco's case to be moved to the juvenile system.
"With regards to the case being sent over to district court, the court thought the facts supported it," Brown said. "But from a social perspective we still need to fully investigate all of the possible avenues so we can have this case dealt with in the juvenile system."
Chief Deputy District Attorney Victoria Villegas would not comment on the possibility of a plea deal.
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.
At his hearing Thursday Velasco, with feet and hands chained, looked out of place alongside the much larger adult prisoners who were awaiting their turns before the judge. Velasco looked even younger than his 13 years, and the adult prisoners stared at him with expressions of disbelief. He is accused of having possession of a 9mm pistol and giving it to a 16-year-old boy, who police say then shot the two men.
Velasco sat silent as the two victims recounted what happened.
Sandoval Lora testified through a Spanish interpreter that Velasco and the 16-year-old, 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. Sandoval Lora testified that on May 17, the day before the shooting, the two boys insulted him and his roommate and called them stupid.
The next day, as Sandoval Lora and Renteria were preparing to leave for work, Velasco and Monahan rode by on their bicycles and shouted words in English that neither Sandoval Lora or Renteria understood.
Renteria testified he got out of his pickup truck and in Spanish told Velasco and Monahan he "didn't want any trouble."
Renteria said Velasco then pulled out what looked like a "BB gun" and handed it to the older teen. After they heard Sandoval Lora say he was going to call police, Renteria said the older teen said, "No police" and then " stood back and started firing."
Renteria testified the older teen shot Sandoval Lora first and then turned and shot him.
The shooting, which occurred across the street from Roy W. Martin Middle School about 6 a.m., caused that school and a nearby elementary school to be locked down while police searched for the attackers.
Renteria and Sandoval Lora each testified that they had no idea why the teens had a problem with them. Police have said the boys are gang members.
Monahan remains at large.
"We have had a warrant out for Monahan's arrest since the crime occurred," Villegas said. "It was with the media's help that we caught Velasco, because someone identified him from a picture they saw on television news, but now the media has lost interest and detectives are having a tough time finding the shooter."
Villegas urged anyone with information on Monahan to contact authorities immediately.
District Attorney David Roger could not be reached for a comment on the Velasco case, but in other cases involving juveniles charged as adults with murder or attempted murder he has said he is simply following state law.
Villegas said Velasco was being 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.
The district attorney's office has allowed other juvenile defendants to plead guilty to lesser charges and to have their cases transferred to the juvenile courts. Two recent high-profile cases involving juveniles charged as adults for crimes involving shootings or slayings in Clark County have ended up in the juvenile system.
A 16-year-old boy and a 15-year-old were both originally charged with murder this year in separate incidents after one accidentally shot his sister and the other shot his best friend while playing with a gun. In both cases plea agreements were reached to have the charges reduced to involuntary manslaughter.
Family Court Judge William Voy ultimately sentenced the 15-year-old to Spring Mountain Youth Camp, where he will receive counseling and education before his release on probation for the April 21 accidental shooting death of his 14-year-old friend Dustin Osborn.
Voy sentenced the 16-year-old to probation and 200 hours of community service for the accidental March 29 shooting death of his 14-year-old sister.
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