Defense attorneys say their clients are overcharged in 17-year-old's maiming
By:Glen Puit
Review - Journal
Las Vegas Sun
Defense attorneys for the suspects charged in the 311 Boyz case told a judge Monday that prosecutors have overcharged their clients.
The complaints about filing excessive charges came as a prosecutor announced he was dismissing one of the 13 felonies lodged against the nine suspects charged with maiming a 17-year-old boy in July.
Clark County prosecutor Chris Laurent said the facts of the case simply do not warrant a mayhem charge previously filed against the suspects
However, Laurent said evidence still supports each of the 12 other charges filed against the boys.
"There is sufficient evidence in this case to make these charges stick as to probable cause, " Laurent told District Judge Michael Cherry.
According to authorities, Stephen Tanner Hansen and two friends, Craig Lefevre and Joseph Grill, were attacked by a group of teens at a party in an upscale northwest Las Vegas neighborhood.
The party, authorities said, was frequented by the 311 Boyz, a group described by police as middle- to upper-class teens who carried out a series of beatings in northwest Las Vegas.
Hansen told police he and his friends tried to leave the party, but the group surrounded Lefevre's truck and started throwing beer bottles at the vehicle.
Eventually, witnesses said, one of the attackers punched Lefevre in the face, prompting him to speed off in the truck.
As Lefevre's truck traveled on a nearby street, authorities said, a handful of the boys hurled large rocks at it. One rock went through the windshield of the vehicle, striking Hansen in the face. He was permanently disfigured.
Authorities arrested nine suspects: Brandon Gallion; Matt Costello, 17; Ernest Bradley Aguilar, 17; Jeff E. Hart, 17; Gallion's twin brother, Anthony Gallion, 16; Christopher Farley, 18; Dominic Harriman, 18; Scott Morse, 18; and Steven Gazlay, 18.
The defendants face multiple felonies ranging from attempted murder to coercion and battery.
In court Monday, defense attorneys for most of the teens argued for a dismissal of the charges. They did so by arguing a legal motion known as a writ of habeas corpus, in which they attacked the validity of a grand jury indictment in the case.
Defense attorney Karen Winckler questioned why prosecutors haven't already dismissed charges against her client, Anthony Gallion. She said grand jury testimony that originally identified him as one of the boys who threw rocks at the vehicle has been deemed factually incorrect by authorities.
"Anthony Gallion is in a different situation than many of the other defendants," Winckler said. "The state had done further investigation and determined he was not a rock thrower. The only thing Anthony was was an observer."
Laurent did not dispute that Anthony Gallion is no longer considered a rock thrower in the case. He said as the case proceeds, prosecutors may entertain the dismissal requests Winckler made.
For now, the charges against Anthony Gallion should remain intact, he said.
Robert Draskovich, Farley's defense attorney, said prosecutors have blatantly overcharged the case. Farley has been identified by some witnesses as a rock thrower, but Draskovich said the state can't prove the group coerced or tried to murder anyone.
"This isn't some law school exam," Draskovich said. "You are talking about boys facing very serious charges.
"My client should at most be facing one count of battery with substantial bodily harm," Draskovich said.
Laurent said the determination on who is responsible for what conduct should be left to a jury. Cherry is expected to rule in the coming weeks whether other charges should be dismissed.
