MINDEN - Three jurors decided Friday a Bing Materials employee was justified in defending himself and his friend during a fight that turned fatal for Lance Wardleigh.
Wardleigh, 43, died early Dec. 11 after an altercation at an employees' Christmas party at Bing Materials on Kimmerling Road.
Investigators said Wardleigh died after striking his head on asphalt. No charges were filed against Scott Haight, 24, who hit Wardleigh, and the jury reinforced that decision at a somber corner's inquest in East Fork Justice Court. The jurors said because Haight hit Wardleigh after Wardleigh started a fight with Haight and his friend, Nathan Palmer, Haight had no responsibility to walk away and should not be charged with the death.
District Attorney Scott Doyle decided to present the case to the coroner's jury, Douglas County residents Margaret Colescott, Eric Cooper and Suzy Stockdale.
Witnesses included the doctor who performed the autopsy on Wardleigh, sheriff's Investigator Mark Munoz and six Bing employees. Haight did not appear at the hearing. Jurors watched an interview with Haight and investigators that was taped in the hours following the incident.
Witnesses said Haight and Wardleigh had both been drinking beer, and Wardleigh had been belligerent throughout the night.
Dana Bing, an employee, said Wardleigh was surrounded by more than a dozen beer bottles and appeared to be drunk.
"He was very intoxicated. He was having a good time, but he was kind of fired up," he said. "He was talking loud and carrying on. He was complaining about management and the way they were treating him. He was a little upset."
Investigator Munoz testified that both Haight and Wardleigh were tested for alcohol levels hours after the 8 p.m. incident on Dec. 10.
Munoz said Haight's blood was drawn at midnight and was .03 percent. Blood was drawn from Wardleigh at 1:10 a.m. and was .10 percent, the legal limit for driving in Nevada.
Munoz said witnesses told him Wardleigh approached Haight after the yearly bonuses were handed out. Heated words were exchanged, then Wardleigh, who stood 6 feet 3 inches and weighed 280 pounds, pushed Haight, who is 5 five 10 inches tall and weighs 175 pounds.
Both men walked away and friends tried to calm them down separately.
Dayton Materials employee Steve West said he had talked to both Haight and Wardleigh after the first altercation.
"I noticed Scott was a little upset. He wasn't his normal self. He said he'd had some sort of altercation with Lance," West said. "I asked Lance what went on. I told him it was a time for everybody to have a good time and he told me if I was going to get in his face, he was going to kick my ass. Later, it seemed like everything was cool and we went back inside."
Later, when Haight was standing outside, talking to two other employees, Nathan Palmer and Dave Maraven, Wardleigh came back outside and began to yell and walk aggressively toward them.
Palmer yelled back at Wardleigh, Maraven testified, and Chris Vazquez said he asked everyone to back away and go home, but the arguing continued. Wardleigh reached around Maraven and hit Palmer on the head.
"I was talking to Scott and telling him to leave and to be above the situation," Vazquez said. "Scott said he had already walked away two times previously and I said, 'Come on Lance, let's just go.' Lance hit Nathan and there were several attempts to hit people. Then I saw Scott step over and strike Lance and he ran up and straddled Lance."
He was the only person who testified he saw Haight hit Wardleigh.
Vazquez fought back tears as he told the jury Wardleigh fell straight back and hit his head on the asphalt. He said Wardleigh was unconscious and blood started coming out of his nose and ears and his head was bleeding profusely.
"I monitored his heart and I checked him for breathing. He was gurgling," Vazquez said.
On the videotape, Haight repeatedly said he was sorry and only wanted Wardleigh to stop badgering him.
"I didn't mean to hurt him. I just wanted it to stop," he said. "I just felt like I had to do something. I'm not a fighter."
The decision disappointed Wardleigh's sister and her husband, Taunee and Rob Perry. While waiting for the jurors to return, the Perrys said while they didn't think Haight meant to kill Wardleigh, they hoped criminal charges would be filed.
"I think a trial would be more thorough. Bringing charges would bring out the facts," Rob Perry said.
