Trial of two men in slaying outside topless club on hold

Wednesday, Aug. 10, 2005 | 8:27 a.m.

The fate of two men charged in a fatal shooting outside the Sapphire topless club was put on hold Tuesday so a ballistics report on the alleged murder weapon could be completed.

Las Vegas Justice of the Peace Joe Bonaventure agreed with the argument posed by the attorneys of 29-year-old Brian Baker and 30-year-old Jesus Vegas who said the results of that test could ultimately show Baker was not the shooter who killed 30-year-old Wei Liu on July 24.

Baker's attorney, Chris Oram, said the results of tests on the gun that authorities believe was the murder weapon will show clearly that Vegas, and not Baker was the shooter.

Oram said police recovered cartridges that came from a single gun and ballistics would show that gun belonged to and was used by Vegas.

Vegas' attorney, Dominic Gentile, claims his client acted in self-defense during an argument that occurred about 5:40 a.m. outside the topless club on Industrial Road near Desert Inn Road.

Deputy District Attorney Linda Lewis, however, said the results of a ballistic test was not required at the preliminary hearing because only a "scintilla" of evidence is required for those facing charges to stand trial in District Court. Lewis argued that evidence had already been provided to Bonaventure via Tuesday's testimony.

Additionally, Lewis said she need not prove Baker was the shooter for him to face charges in District Court because of both "aiding and abetting and conspiracy" theories being offered by the prosecution.

Bonaventure scheduled a hearing for Monday morning to discover when a ballistics report could be completed and a subsequent second day of the preliminary hearing could be held.

Twenty-nine-year-old Amir Mogadan said he, Liu and another friend were at the tail end of a night out to area topless clubs when the three left Sapphire at a little after 5 a.m.

He said as they walked through the parking lot to his car Liu stopped and looked inside a convertible car and was "messing around."

Mogadan said around this time he saw a man he now knows as Baker and "middle fingers were exchanged." He said after getting into his car and driving to the exit he saw "Baker waiving from the back as he was saying goodbye to a blonde woman."

Although Mogadan "had no idea who this guy was" he drove the car back "to see what's up."

"I thought the worse case scenario was we would box, fight one on one," Mogadan said.

The scenario was ultimately much worse.

Mogadan said he parked the car and Liu got out.

"I turned to open my door and I heard gunshots and then turned right and saw Vegas shooting at us," Mogadan said.

Mogadan said he ducked and then let go of the brake pedal in hopes of driving away because even though he "didn't want to leave Wie (Liu), I didn't have a gun and I thought we were all dead."

He said after Vegas and Baker got into a car and drove away, he made it over to Liu who "looked like he was asleep."

Both Baker and Vegas remain out of custody on $210,000 bail.