Prosecutor disputes claim of error in attempted-murder case
By Glenn Puit
Review-Journal
A defense attorney for one of nine teens charged with maiming a 17-year-old predicts the case will be dismissed because of what he labels a paperwork error by authorities.
James "Bucky" Buchanan said his client, Steven Gazlay, 18, was not served with a Marcum notice in a timely manner. The legal document informs an individual they are a target of a grand jury proceeding and gives the target an opportunity to testify before the grand jury.
"If it gets to District Court, the District Court isn't going to stand for this," Buchanan said.
Gazlay is one of nine teens charged with attempted murder, battery and coercion in the July maiming of Stephen T. Hansen. Authorities have said Hansen was struck in the face by a rock thrown through the window of a moving truck during a melee in northwest Las Vegas.
Buchanan said Las Vegas police arrested Gazlay in Buchanan's office last week. After Gazlay refused to give a statement to detectives, Buchanan said, a detective told them that Gazlay had been indicted.
Buchanan said that when he confronted the police about the lack of a Marcum notice, they became upset, and Gazlay was served with the notice Friday.
Clark County prosecutor Christopher Laurent disputed Buchanan's account. He said he could not discuss whether a grand jury is hearing the case, but the prosecutor said no record existed of a grand jury indictment being returned or unsealed.
Buchanan said, "They are trying to squirm out of it."
Robert Draskovich, an attorney for suspect Christopher Farley, said he is examining whether his client was served with a Marcum notice in a timely manner.
"I'll be filing a motion to dismiss shortly," Draskovich said.
The attorneys made their representations on the same day that five of the nine suspects in the Hansen attack appeared in court. Justice of the Peace James Bixler set bail at $40,000 for each of the suspects.
With Gazlay and Farley, the suspects are identified as Ernest Bradley Aguilar, 17; Jeff E. Hart, 17; Anthony and Brandon Gallion, both 16; Matthew Costello, 17; Dominic Harriman, 18; and Scott Morse, 18.
Each has been described by police as either a member or associate of a group known as the 311 Boyz. The gang, police have said, has videotaped several beatings in the northwest Las Vegas area.
Authorities have said the wounding of Hansen unfolded at a large party for teens in the Canyon Terrace community. Because his injuries, Hansen had to have reconstructive surgery on his face, and he might lose sight in one eye.
The nine suspects are each charged with attempted murder, battery and coercion. A preliminary hearing date has been set for Sept. 8, but a grand jury indictment would preclude the hearing.
Court records showed Gazlay is charged with two counts of battery in another attack on a 16-year-old with a crowbar.
Because of the attacks, Las Vegas police said they will hold a meeting Tuesday night at the department's Northwest Area Command. The meeting, called Gangs 101, will take place at 7 p.m. at 9850 W. Cheyenne Ave.
