Olive Garden trial to start Monday
August 8, 2014
District Judge James Wilson on Thursday denied the final batch of motions delaying the trial of David Paul Lane. Lane is accused of allegedly threatening to kill several people at the Oliver Garden restaurant a year ago.
Wilson refused to suppress the eyewitness identifications that helped deputies find and arrest Lane after the incident. Public Defenders Marci Ryba and Scott Walker had argued the identifications were tainted because some of them were made using an old booking photo of Lane.
Assistant District Attorney Mark Krueger said that was done because they needed to make sure he was the man with a gun they were looking for.
He pointed out two of the victims were taken to Douglas County where they identified Lane in person.
The judge earlier denied an attempt to suppress the automatic pistol seized from Lane when he was arrested in Douglas County.
Wilson still has a final motion asking another continuance of the trial on his desk but indicated he intends to start the trial on Monday.
Lane is charged with four counts of assault with a deadly weapon, each worth up to six years in prison.
Lane is still in the Northern Nevada Correctional Center serving the sentence he received for resisting arrest in Douglas County the night of the incident.
He was caught after an alert restaurant employee memorized his license plate as he fled the restaurant and called sheriffs to report it. It was then deputies pulled a prior booking photo of Lane to confirm he was the driver of the vehicle.
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