Judge denies bail reduction for Rio robbery defendant

By Dave Toplikar

Tuesday, May 3, 2011 | 11:09 a.m.

A Clark County District judge today denied a bail reduction for one of the three defendants charged in the Feb. 24 armed robbery at the Rio Hotel and Casino — and also confiscated his passport to make sure he doesn't leave Las Vegas.

Hiroyuki Yamaguchi, a 62-year-old cab driver and a Japanese national, remains in the Clark County Detention Center on $125,000 bail.

Judge Jerome Tao also reset Yamaguchi's arraignment in district court for next week, at 9 a.m. May 12.

Yamaguchi's co-defendant, Edward Hua Land, a local real estate executive who is out of custody on $125,000 bail, will have his initial arraignment at that same time.

Both men had been scheduled to be arraigned today, however Land's attorney, Louis Schneider, said he had not been able to get in touch with Land to let him know his arraignment had been changed to today's date.

Authorities are still searching for 45-year-old Steven Gao, who they say was the man who went into the Rio's casino and committed the armed robbery.

Police say Land has admitted to police that he dropped Gao off at the Rio. Police say Gao then walked into the casino wearing a fedora hat, a wig, a fake mustache and sunglasses, stole $33,200 in chips and left in Yamaguchi's taxi.

According to a police report, Land told police that Gao owed him $15,000 and robbed the casino to pay back the debt.

Chief Deputy District Attorney Susan Roger told the judge that Gao has fled the jurisdiction. His bail has been set at $500,000 if he is captured.

Most of today's proceedings dealt with a motion for an own recognizance release from jail for Yamaguchi.

One of Yamaguchi's public defenders, Tim O'Brien, argued that Yamaguchi was 62 years old and had no prior criminal record. O'Brien had also submitted character reference letters from friends of Yamaguchi's from around the country.

O'Brien told the judge Yamaguchi had lived in Las Vegas for 21 years and has lived in the United States for about 40 years.

"Your honor, our concern also is that, in reading some of these letters, it appears that he still has family ties back in Japan," Roger said. "The co-defendant, Mr. Gao, is a Chinese national. He has already fled the jurisdiction. It's unclear where he is.

"However, I don't think it's so crazy to assume that Mr. Yamaguchi also has reason to flee the jurisdiction. He's charged with the exact same crimes as Mr. Gao."

She said an armed robbery conviction carries a mandatory prison sentence.

"He's given a statement that's very incriminating," Roger said. "So the likelihood of conviction is great."

She also said she didn't know Yamaguchi's ability to get work if he was released on an OR bail, but "I imagine Lucky Cab does not want him back after he used their vehicle to commit this armed robbery. So we have a lot of concerns, here, about his release."

In response, O'Brien told the judge that pre-trial detention is not supposed to be punitive.He said there were two concerns: risk of harm to the community and the risk of flight.

O'Brien said that it was unusual for Yamaguchi's attorneys to ask for the OR release. However, he said, "Mr. Yamaguchi is somewhat of an unusual criminal defendant."

State statutes lay out 10 factors to consider concerning bail, he said. He said that Yamaguchi has lived in the community for 21 years and was a business owner before that business failed.

Yamaguchi has also lived in the country for 30 years and has maintained steady employment, O'Brien said. Yamaguchi has also been married for more than 35 years, and has a son and two daughters who are all in college, his attorney said.

O'Brien pointed out that Yamaguchi's wife was in court, along with two friends. He also said Yamaguchi and his wife are very active in their Christian church.

"These letters paint a portrait of a man who is very unassuming, he is honest. The letters also suggest to the court that he is somewhat gullible and naïve," O'Brien said.

O'Brien said it was important for the judge to weigh the possible offenses against his failure to appear. If the armed robbery charge could be absolved by trial or negotiation, probation could be a punishment the court might consider, O'Brien said.

And that factor would indicate he would have no interest in fleeing, O'Brien said.

O'Brien than said he had brought Yamaguchi's passport and would be willing to surrender it.

He also said that Yamaguchi was not a violent man and did not pose a risk to the community.

Roger pointed out that the bail was only $125,000, which she said was reasonable bail.

"I think his passport needs to be forfeited regardless, because if he is able to post $125,000 bail, he's still a flight risk," she said.

Roger said Yamaguchi was a flight risk because of his ties to California, ties to Japan.

She also said that, in her opinion, there is a "very strong" likelihood of Yamaguchi being convicted on the armed robbery charge.

"He gave many incriminating statements that indicate he's just as responsible as Mr. Gao, who actually committed and went inside the Rio and pulled out the weapon," she said.

She said the robbery was pre-meditated and pre-planned. She also said that Gao and Yamaguchi worked together and had made plans to go to the Rio at 3 a.m.

She said police have video and audio from Yamaguchi's taxi that, at 3 a.m., when they were leaving the Rio, Gao is telling Yamaguchi that the Rio was too crowded at that time and that "was a practice run." She said they returned at 4:40 a.m., when the robbery occurred.

When Yamaguchi was first captured, he told police he didn't know who Gao was, but later changed his story after police pointed out to him he had covered the taxi's camera lens, she said.

O'Brien said that Yamaguchi, "out of all the three players, is the most minor person involved." He also said that Gao is a Chinese national and that he and Yamaguchi did not speak a common language.

O'Brien asked the judge to also consider reducing the bail to $10,000 or to consider a house arrest with stringent intensive supervision.

The judge said his concerns were that the actual firearm used in the robbery was found in his cab and that Gao has already fled from the area.

Judge Tao also said he was concerned that all the letters submitted to the court indicate that Yamaguchi has friends all over the country, including New Jersey, Florida and California, who might be willing to take him in.

Tao said there is also an allegation that he was deceptive with police at least through the initial interview.