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November 28, 2009

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Court rules shoestrings can be deadly weapons

Wednesday, Jan. 4, 2006 | 8:01 a.m.

CARSON CITY -- A shoestring can be judged a deadly weapon and can be used to double the sentence for murder, the Nevada Supreme Court has ruled.

The court on Friday rejected the appeal of David Alvarez-Ventura, convicted of first-degree murder in the strangulation of Julie Savery, 29, in a motel room on Fremont Street in Las Vegas in January 2001.

Alvarez-Ventura, now 30, was sentenced to a life term without parole for the murder, and a second consecutive life term without parole was added as a deadly weapon enhancement.

Alvarez-Ventura argued to the court his sentences were illegally enhanced because a shoelace is not a deadly weapon.

The court said, "Here, the appellant's sentences were properly enhanced because a shoelace, like other cord-like instruments, was readily capable of causing substantial bodily harm or death when used for purposes of strangulation."

Alvarez-Ventura was also sentenced to a consecutive term of life in prison with the possibility of parole after 10 years for sexual assault with use of a deadly weapon. That sentence was also doubled because of the deadly weapon law.

Cy Ryan may be reached at (775) 687-5032 or at cy@lasvegassun.com.

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