District Judge James Wilson on Wednesday refused a defense motion to block prosecutors from using David Lane’s pistol as evidence in the Olive Garden case.
Lane is accused of brandishing a gun and threatening staff at the Olive Garden restaurant in Carson City a year ago. He faces four counts of assault with a deadly weapon in the case.
Defense lawyers Scott Walker argued Lane’s rights were violated when a pistol was seized as evidence after Lane was arrested at his home in Douglas County.
After Lane left the restaurant, an alert employee got his license plate number and the Douglas deputy met him at his home where he tried to flee and fought with the deputy, who found the weapon on Lane.
It was later matched to a cartridge Lane ejected at the restaurant after being told he couldn’t go back into the kitchen. He allegedly threatened the chef Daniel Chewinski by putting the weapon to the chef’s head, cocking it — which ejected the cartridge — and asking him if he wanted to die.
The defense said deputies lacked probable cause to seize the weapon but the judge ruled there was probable cause and that Lane’s constitutional rights were not violated in the arrest.
Wilson, however, ruled for the defense motion to suppress evidence related to the pistol found in Lane’s car including the receipt showing he had purchased it just a couple of weeks earlier along with extra bullets.
He said they should have gotten a warrant for the vehicle search.
At this point, Lane’s trial is still scheduled to begin Aug. 11.
He has already been sentenced to three years prison for fighting with the Douglas deputy, a charge he pleaded guilty to.