Attorneys clearing way for rape trial

Brandon Hicks

Brandon Hicks

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The attorneys for both sides are scrambling to clear the way for a trial to begin next week against a Carson City man accused in the rapes of two teen girls.

Brandon Hicks' defense attorney Ben Walker said Tuesday he expects to file a motion requesting funding for an expert witness to testify on behalf of the defense regarding post traumatic stress. When asked by Judge Todd Russell if the expert would speak about PTSD in regard to Hicks, Walker said it would be in regards to one of the alleged victims. He did not elaborate.

Walker went on to say he filed a motion requesting charges of kidnapping, battery with intent to commit sexual assault by choking and sexual assault be remanded to the juvenile courts. The suggestion is that Hicks was under the age of 18 when he allegedly assaulted a female friend by the river in October.

According to a criminal complaint charging Hicks with one count of kidnapping, two counts of battery with intent to commit sexual assault by choking and three counts of sexual assault, Hicks allegedly drove an 18-year-old girl to an area by the Carson River claiming he was meeting a friend on Oct. 17.

Once there, Hicks allegedly choked and raped the girl, then drove her home.

A second girl allegedly came forward to report that on Nov. 26 Hicks choked and raped her early in the morning at his home on Surrey Lane, which he shared with his father. The girl also claimed Hicks allegedly said he had a gun under the bed, according to the police report.

Since Hicks did not waive his right to a speedy trial and is entitled to a trial within 60 days after arraignment, Judge Russell offered to hear a verbal request for the expert witness later this week.

The court may postpone the trial if it finds that more time is needed by the defendant to prepare a defense; or the number of other cases pending in the court prohibits the acceptance of the case for trial within that time.

A juvenile hearing in which Hicks will likely be certified as an adult - under Nevada law, sexual assault with the use of force is not considered a delinquent act - is set for Friday.

Also before Russell on Tuesday:

• Michael Elissa Smotherman, 38, was sentenced to 24 to 72 months in prison on a charge of trafficking methamphetamine. She was arrested during a raid by state drug officers at the Como Street apartment she shared with her children and boyfriend in March.

• Gary Edward Allen, 44, pleaded guilty to drug trafficking following his arrest after a traffic stop in which police recovered 14 grams of methamphetamine. Allen's attorney Marcie Flygare asked if her client could get a one-day furlough to attend his son's high school graduation before sentencing on July 5. Russell said he'd hear a bail hearing next week.


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