Court rejects man’s appeal in baseball bat slaying

By Cy Ryan

Friday, Aug. 28, 2009 | 10:40 a.m.

CARSON CITY - The Nevada Supreme Court has rejected the appeal of Christopher S. Nay, convicted of using an aluminum baseball bat to beat to death his friend at the base of Lone Mountain.

Nay, now 26 and confined to the Southern Desert Correctional Center, said he killed Elijah Ansah, 19, in self defense when he pulled a gun in the summer of 2004. In his appeal, he said there was insufficient evidence to convict him.

The Supreme Court said the evidence at trial showed Nay knew Ansah had a large sum of cash and marijuana. Nay borrowed a bat from a friend to pull a robbery.

Nay told a friend he hit Ansah in the head when Ansah's back was turned. The blows severed Ansah's brain stem. Nay kicked the body and then took the pants and shoes and tried to burn the body.

The court said that although Nay said Ansah pulled a gun, he told police the gun was in Ansah's pocket when he took his pants off.

"The jury could reasonably infer from the evidence presented that appellant (Nay) did not act in self defense and was guilty of first-degree murder," said the court.

Nay was originally convicted of first degree murder and robbery. The Supreme Court reversed the murder conviction and ordered a new trial. The robbery count stood.

After he was again convicted of murder, he was sentenced to serve life in prison with parole eligibility in 20 years with an equal and consecutive term for deadly weapon enhancement. The sentences run consecutive with his prior robbery conviction.

Nay argued in his appeal the sentences should not be consecutive. The Supreme Court said the "discretion to impose sentences concurrently or consecutively lies with the sentencing court."