Court won’t reinstate extra shooting charges

Friday, Nov. 5, 2004 | 9:16 a.m.

CARSON CITY -- The Nevada Supreme Court Thursday refused to reinstate eight counts of attempted murder against two Las Vegas men accused of killing one person and wounding three others.

The court upheld District Judge Joseph Bonaventure, who ruled the Clark County district attorney's office was piling on charges against Victor Manuel Buena and Carlos Antonio.

Buena and Antonio, both 26, are accused in the fatal shooting of 27-year-old Jerardo Chavez of Las Vegas and the wounding of Gustavo Arandas, Johnny Aguirre and Manuel Gomez Santos in a parking lot outside Pepe's Bar at 1729 E. Charleston Blvd. on Nov. 21, 2003.

Multiple shots were fired, police said. The district attorney's office filed 11 attempted murder counts -- one for each bullet fired. Bonaventure dismissed eight of the 11 counts of attempted murder with the use of a deadly weapon.

The Supreme Court said, "Each shot was not separately chargeable as a separate offense: The shootings were part of a single wrongful act, occurring in the same place only scant moments apparent."

The court said the three counts of attempted murder in the wounding of the three men should stand.

Buena and Antonio are also accused of murder with the use of a deadly weapon. The police report said they were seen speeding away from the bar before officers pulled the vehicle over and took them into custody.