Killer’s appeal goes before Nevada Supreme Court

By Cy Ryan

Friday, Oct. 15, 2010 | 11:22 a.m.

CARSON CITY – A defense attorney told the Nevada Supreme Court that Brian Rose accidentally shot his girlfriend in Las Vegas and his second-degree murder conviction should be overturned.

JoNell Thomas, the lawyer for Rose, said an erroneous instruction was submitted to the jury that put the burden on Rose to prove it was an accidental shooting.

But Chief Deputy District Attorney Sonia Jimenez said the defense had offered that instruction at trial, not the prosecution. She said Rose pointed a loaded gun at Jackie Watkins and pulled the trigger. This wasn’t a case of brushing against the trigger, she said.

Rose, now 27, was sentenced to a maximum of 25 years and a possible eligibility for parole in 10 years. He is serving his sentence at the Southern Desert Correctional Center.

Thomas said the prosecution never proved malice and she suggested the case be remanded to district court for involuntary manslaughter.

Jimenez argued there was substantial evidence to show this was second-degree murder, and the jury instructions must be considered as a whole.

The prosecution maintains Brian told Watkins to get off the telephone and when she didn’t comply he pulled the gun and shot her in the head. The defense says the gun went off while Rose was turning around and he believed the gun was empty.

The court took the arguments under submission Thursday.