State Supreme Court upholds conviction in 2000 murder

Friday, March 4, 2005 | 9:33 a.m.

CARSON CITY -- The Nevada Supreme Court on Thursday upheld the first-degree murder conviction of Vitaly Zakouto, who stalked his estranged wife for months before shooting, beating and stabbing her in December 2000 in Las Vegas.

The court rejected claims by attorneys for Zakouto that he was entitled to a new trial on several issues including a lack of evidence to merit a conviction.

The District Court jury had also found Zakouto guilty of home invasion, burglary while in possession of a deadly weapon, aggravated stalking and stalking, however, and the Supreme Court said it was an error to convict Zakouto on both burglary and home invasion. It ordered the home invasion conviction erased.

Zakouto's victim, 49-year-old Marina Cannon, was found dead in her home. She had been shot twice, beaten and suffered multiple stab wounds. The couple had separated several months before the slaying at Marina's insistence.

Zakouto, now 56, was sentenced to consecutive terms of life in prison without the possibility of parole.

The state's high court also rejected the appeal of Damien Rivero, sentenced to two to five years for battery on another inmate at the state Prison in Ely.

Rivero, now 31, was initially convicted in Las Vegas of robbery with a deadly weapon.

In his appeal, Rivero contended he struck the other inmate because he was afraid he would be attacked. He said the other inmate was a member of the prison gang Aryan Warriors and had threatened to beat him up.

He said the Aryan Warriors had ordered him killed, and a member of that gang had stabbed him 14 months before.

The Supreme Court said there was testimony at trial from a correctional officer that he saw Rivero punch the victim twice in the face without provocation. And another witness said she saw Rivero hit the victim hard and the victim did not fight back.