Defendants may plead in Resendiz case

Some of the remaining eight defendants in a 1998 Carson City motel-room beating death may enter pleas before their trial begins in March.

"I am hopeful we will be able to resolve some of these," District Attorney Noel Waters told District Judge Mike Griffin on Monday, referring to "fairly involved" plea negotiations. "My estimation is that two or three of the (attorneys) won't be here for trial."

Trial is set to begin March 10 in the killing of Sammy Resendiz Aug. 23, 1998, in a room at the Round House Inn Motel.

Resendiz was beaten with clubs, bats and chains. He died more than 13 hours later after his family removed him from life support.

Lew Dutchy, Clint Malone, Frederick Fred, Jessica Evans, Jaron Malone, Elvin Fred, Sylvia Fred and Michael Kizer are being tried on charges of first-degree murder, burglary and conspiracy to commit battery. They face up to life imprisonment if convicted.

A court date of March 3 is set for hearing attorneys final motions before jury selection begins March 10.

Rocky Boice Jr., 25, faced the jury alone after his case was severed from the others. He was found guilty following a three-week trial of the lesser charge of second-degree murder and was sentenced to 20 to 50 years in prison.

Alejandro Avila, David Moyle and Julian Contreras pleaded guilty to lesser charges in the death of Resendiz.

Five of the seven attorneys crowded behind the defense table Monday in Carson City District Court. They were quiet as Evans' attorney, John Oakes, and Clint Malone's attorney, Laurence Digesti, asked Griffin to order a cutoff date for negotiations.

"We need time to prepare," said Oakes. "I don't want to find out I'm the only one standing here when the trial comes.

"Let's get everybody off the dime. (Set the cutoff) for two weeks out. If you're going to get it done, let's get it done," Oakes said.

But Griffin denied the motion.

"We'll see on (March 3) who is still here," he said.


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