More defendants to be tried in December for Resendiz death | NevadaAppeal.com

More defendants to be tried in December for Resendiz death

F.T. Norton

Three more defendants will be tried beginning Dec. 2 in the 1998 motel-room beating death of Sammy Resendiz following the conviction last week of Rocky Boice Jr.

Jessica Evans, Fred Fred, and Jaron Malone are the next defendants set to face charges of first degree murder, burglary, battery and conspiracy to commit battery in the death of Resendiz, 25.

Wednesday, after two weeks of testimony, a jury of seven women and five men found Boice, 23, guilty of second degree murder, battery and conspiracy to commit battery. He will be sentenced Nov. 4.

The judge asked jurors to not speak about their deliberations because of upcoming trials.

Boice, Evans, Fred and Malone, along with Lew Dutchy, Clint Malone, Sylvia Fred, Elvin Fred and Mike Kizer are charged as principals to open murder. All but Dutchy were under 21 years old at the time of the murder

The prosecution alleges the group, in response to Evan’s allegation that she was hit by a gang member earlier in the evening, went to Room 103 of the Round House Inn on Aug. 22, 1998, to exact revenge on members of the Eastwood Tokers street gang.

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Of the original 12 defendants, 11 were Native American. Three defendants have pleaded guilty to lesser charges.

Alejandro Avila and David Moyle pleaded guilty to the lesser charge of assault with a deadly weapon and were given probation.

Julian Contreras pleaded guilty in August to battery with a deadly weapon causing substantial bodily harm. He has yet to be sentenced.

All three testified for the prosecution in the case against Boice and are expected to do the same in the next three trials.

Clint Malone and Lew Dutchy are set to be tried on Feb. 2, 2003.

A March 3, 2003, trial has been set for Sylvia Fred, Mike Kizer and Elvin Fred.

Boice admitted striking Resendiz, but said he he had no choice after Resendiz appeared to be reaching under a pillow for what Boice suspected was a gun. No gun was ever found.

Literature calling the prosecution of the defendants a “racist frame up” and asking for donations to pay legal costs for the defendants has been circulating on the Internet in recent months. All of the defendants were appointed public defenders by the state.