Monday, Jan. 19, 2009 | 10:10 a.m.
A defense attorney for a woman accused of robbing a Henderson PetSmart while leaving her children at home is seeking to dismiss kidnapping charges against the woman as well as deadly weapons enhancements.
A Tuesday trial set for Mandy Hagen has also been delayed until May after Deputy Public Defender David Westbrook requested more time to prepare the case.
Hagen, 28, is accused of robbing a Henderson PetSmart and later taking a woman hostage at a gas station off Nellis Boulevard on July 13, 2008. She is charged with burglary with a firearm, robbery with a deadly weapon, three charges of first-degree kidnapping with a deadly weapon, first-degree kidnapping of a victim age 60 or older with a deadly weapon, assault with a deadly weapon, failure to stop for police, two counts of child endangerment, battery of a victim age 60 or older with a deadly weapon, assault of a victim age 60 or older with a deadly weapon.
Westbrook said an officer testified during the preliminary hearing that the gun was not real, which was the basis for his motion to dismiss the deadly weapons portion of the charges.
Westbrook also argued at the preliminary hearing that the movement restrictions of PetSmart employees were the minimum necessary to complete the robbery while obtaining access to the store's safe.
"There was no evidence there of first-degree kidnapping at all," he said.
Prosecutors did not return calls for comment.
During the preliminary hearing, Deputy District Attorney Kristen Lynch confirmed that the weapon was a pellet gun, which she said can cause bodily harm. As for the kidnapping charges, Lynch contended that three other employees aside from the store manager did not need to be detained by Hagen.
A hearing on Westbrook's petition was set for 8:30 a.m. tomorrow before District Court Judge James Bixler. Hagen's trial is set for 10 a.m., May 18.
Dave Clark can be reached at 990-2677 or [email protected].