Defense says defendant didn't know killing would happen
By Glenn Puit
Review - Journal
But on the opening day of Schnabl's murder trial Tuesday, a prosecutor said this hospitality didn't prevent Schnabl from orchestrating a robbery that culminated in the slaying of Tiffany Averill.
"They were like his mother and father," Clark County Chief Deputy District Attorney Frank Coumou said of the relationship between Schnabl and the Averills.
Schnabl, 45, is one of three homeless men authorities say were behind the Jan. 15, 2001, slaying at the couple's mobile home on North Lamb Boulevard. A police investigation also led to the arrests of Robert Lee Whitesell, 33, and Ernest Valezquez, 39.
Valezquez entered into a plea agreement last year and was sentenced to four-to-10 years. Whitesell is still awaiting trial on a murder charge.
In his opening statement of Schnabl's trial, Coumou said that prior to Tiffany Averill's death, Schnabl had helped the Averills move into their mobile home. As a result, Schnabl knew Herb Averill owned firearms.
Coumou said evidence presented during the trial will prove the three suspects were drinking at an area bar when they came up with the idea of getting a gun, robbing a bank and moving to Mexico.
Coumou said Schnabl then directed the two to the Averill home. He said the trio robbed Tiffany Averill of most of the guns, a bottle of whiskey and a fake bomb owned by Herb Averill, who was not at home because he was hospitalized for an illness.
During the robbery, Whitesell slit Tiffany Averill's throat, Coumou said.
The prosecutor said the case wasn't solved until firefighters were called to a bomb scare at the St. Vincent's Plaza homeless shelter weeks after the slaying. There, in a locker rented by Whitesell, Coumou said authorities found the fake bomb taken from the Averill house.
During subsequent questioning by police, Coumou said Schnabl told detectives the death was "not an accident" and he expressed a suicidal form of remorse for what had happened to Tiffany Averill.
"Can I use your gun so I can shoot myself?" Coumou said Schnabl asked a police detective during an interview.
Schnabl's attorney, Robert Draskovich, told the jury during his opening statement that Schnabl is not liable for Tiffany Averill's death.
"Troy Schnabl is guilty of having bad friends and he is guilty of poor judgment, nothing else," Draskovich said.
Draskovich said Schnabl led Whitesell and Valezquez to the couple's mobile home, but he had no idea a murder would occur.
Draskovich said his client expressed remorse to police because he was shocked to learn of the death.
"He realized he had let the wolves in with the sheep," Draskovich said.
Testimony in the trial is expected to continue today.
