63-year-old man convicted in killing

Friday, Feb. 4, 2005 | 9:29 a.m.

A jury convicted a 63-year-old man of second-degree murder Thursday for the killing of a man in his mobile home in July.

The jury rejected Joe Armstead's claim he shot David "Indian Dave" Leal in self-defense at Leal's home at Desert Paradise Mobile Home Park, 4070 Las Vegas Blvd. North.

Armstead is scheduled to be sentenced by District Judge Valorie Vega on March 31.

Prosecutors successfully argued Armstead went to Leal's trailer on the day of his death to collect a debt, and when Leal refused to pay up Armstead shot and killed him, a claim supported by four eyewitnesses.

Armstead, however, said that Leal came after him with a gun, which accidentally went off twice, sending one bullet into Leal's upper left chest.

Deputy District Attorney Christopher Lee in closing arguments told the jury that Armstead's claim of self-defense was "similar to a robber coming into a home, slipping on a piece of paper, hurting themselves and then suing the resident."

Lee said eyewitness accounts clearly showed "this man (Armstead) went to David's (Leal) house with a gun, demanded money and when he didn't comply he shot him twice.

"Clearly the defendant had the gun. He's (Armstead) not going over there to waste his time and ask 'Do you have my money? Oh no, see you later.' "

Special Public Defender David told the jury there was "no direct evidence to support the idea Joe (Armstead) brought a gun to the trailer or even owned a gun."

He said the prosecution's case rested on Armstead having worn baggy pants when he arrived at Leal's trailer the day of Leal's death.

"If everyone who wears baggy pants is carrying a gun there must be a lot of guns around," Schieck said.

Police never recovered the gun responsible for Leal's death.

During the three day trial witnesses testified 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.

Authorities later located 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.

The trial was the second go-around for Armstead, who on Dec. 8 was granted a mistrial after an alleged eyewitness to the Leal murder with which he was charged failed to appear in court to answer questions from Armstead's defense attorney.

The witness who caused the mistrial, April Register, was eventually found and placed in custody on a material witness warrant for Armstead's new trial, but she posted bail two weeks ago.

Lee said Register failed to appear for a pretrial conference and police have been unable to locate her. He said Register's fate would be up to Vega to decide.

Register was not the only witness problem presented to Lee during the trial. One eyewitness, Candace Walker, had also tried to escape taking the witness stand this week. Lee said walker jumped on a bus to Idaho to avoid testifying, but was taken into custody by Idaho police and brought back to Las Vegas for the trial.