By Bill Gang
Las Vegas Sun
The landmark trial for a teenager charged in the shootings of two students at Clark High School has been postponed until March 13 to give the defense attorney more time to challenge the charges and a new law.
Maynor Villanueva, 18, had been scheduled to stand trial Jan. 24 in District Judge Joseph Bonaventure's courtroom on the charges that carry the potential of a life prison term with no chance of parole if he is convicted -- even though no one was killed in the attack.
Villanueva is the first person in the state to be charged under a tough new anti-school-violence law that went into effect Oct. 1. The law makes the penalty for attempted murder on school property the same as that for first-degree murder -- life in prison with or without the possibility of parole after 20 years.
It is the new law that is the subject of the challenge by attorney Robert Draskovich.
He said the law is fatally flawed because it is not clear when the harsh penalty can be imposed or even whether it should be the judge or a jury making the decision.
Other sentence enhancements -- such as using a weapon in a crime or victimizing a person over 65 -- are a certainty, but the school-violence law only says the life sentence "may" be imposed.
"That's unconstitutionally vague," Draskovich said. "The Legislature had a good idea when it passed the law, but we have to kick the tires on the statute and see if it holds up."
Deputy District Attorney Ed Kane has announced in court that he will seek the harshest penalty against Villanueva, who is also being held on charges that he shot two other teens nine days before the Oct. 11 high school altercation.
In addition to two counts of attempted murder on school property, Villanueva is charged with battery with a deadly weapon, possession of marijuana, possession of a stolen vehicle, robbery and aiming a firearm and possession of a firearm on school property.
The two Clark High School victims, one 15 and the other 16 years old, were standing at the northeast corner of the Clark campus at 2:40 p.m. when the shots were fired. Both escaped with bullet wounds to their arms and ran into the school for help.
Witnesses said there were about 50 people in the vicinity when the gunfire erupted and most scattered when they realized what was occurring at the school at 4291 Pennwood Ave., near Arville Street and Sahara Avenue.
After the school shooting, Villaneuva is alleged to have run with 15-year-old Tony Tejada to a stolen car waiting in a nearby apartment complex, according to court documents.
But the car was wrecked as they attempted to drive off, and a bicycle was stolen at knifepoint to facilitate the escape, prosecutors allege.
Tejada faces charges in Juvenile Court over the Clark High incident, but he is charged as an adult with attempted murder in the Oct. 2 shootings at the home of a purported rival gang member.
