Questions raised over ID of murder suspect in court

Thursday, March 17, 2005 | 10:08 a.m.

A man who witnessed the killing of his 32-year-old brother's murder identified the 16-year-old suspect in court Wednesday but also said the person who killed his brother had worn a bandana on his face.

The suspect, Michael Lavelle Scott Jr., allegedly attacked a group of four men at the Reid Manor Apartments along with an accomplice on Oct. 2, killing Raul Melgarejo.

Scott is also charged with committing several robberies the night of the killing and also faces additional charges stemming from robberies committed on other occasions.

Twenty-eight-year-old Victor Melgarejo said through a Spanish interpreter that on the night of the attack he, his brother and two cousins were listening to some music by his brother's car in the parking lot of their apartment complex after work.

He said two young, black men in baggy pants came up behind them. One of the strangers was wearing a bandana on his head and holding a handgun and another had his face covered by a bandana and was holding a shotgun.

"They were screaming at us, but we couldn't understand what they were screaming at us," Victor Megalrejo said. "They were pointing (the guns) at us and searching us."

He said his brother started screaming "security, security" and tried to run past the intruders but was brought to a halt by the one holding a shotgun.

"I think the guy (with the handgun) got nervous and shot him (Raul Melgarejo) in the chest," Victor Megalrejo said. "I went to see what happened, but when I turned to run toward my brother, I got shot in my left side."

Victor Megalrejo went on to identify Scott as the man who fatally shot his brother on Oct. 2.

But Special Public Defender Scott Bindrup pointed to Victor Megalrejo's police statement in which Megalrejo allegedly said: "I wouldn't be able to identify them (either of the men who attacked him) again because they were mostly covered."

Megalrejo told Bindrup both of the attackers had their faces covered by a bandana and that he was never shown a photo lineup of possible suspects by police.

Bindrup insinuated there was one reason Victor Megalrejo was able to identify Scott as the killer in court on Wednesday: Scott was seated at the defendant table.

Chief Deputy District Attorney Marc DiGiacomo in an attempt to clarify whether Victor Megalrejo could positively identify Scott as the man who shot his brother said when Victor Megalrejo came into court earlier in the day, he was able to point him out while he was still sitting with roughly 15 other people in custody of all races and ages.

Las Vegas Justice of the Peace James Bixler is expected to hear more testimony in Scott's preliminary hearing sometime next week.