Sentencing for a Gardnerville teenager, who pleaded guilty in January to 12 counts of arson, has been postponed until March 11.
David Scott Killen, 18, appeared in District Court on Tuesday with attorney William Cole, who requested the youth be considered for a Nevada state prison program.
If Killen is found eligible for the program, he must complete it to have time served deducted from his sentence.
Douglas County Deputy District Attorney Mike McCormick will send Killen's criminal history to prison officials.
"We certainly don't want to ship him off with the expectations he is eligible, only to have him returned a month later if he is not," McCormick said.
Prison program officials will determine whether Killen meets the requirements of the Program of Regimental Discipline, which include: The defendant must be male, at least 18 years of age, eligible for probation, never been incarcerated for more than six months and be convicted of a felony that does not involve violence, according to Nevada Revised Statutes.
"I'm not in any way committed to doing this," said District Judge David Gamble at Tuesday's hearing, the day initially set for sentencing.
McCormick said, "We are still free to argue and our opinion is he deserves prison time."
Terry Taylor, East Fork Fire and Paramedic Districts fire captain, who investigated the arsons said Monday he was contacting officials from various agencies and governments to inform them Killen's sentencing had been delayed. That would include personnel from Storey County, Alpine, County, Calif., Carson City and the Bureau of Alcohol, Tobacco and Firearms and the Bureau of Land Management, all of which agreed not to press charges against Killen and co-defendant Harley Hook as part of the plea agreement made between the men and the Douglas County District Attorney's Office.
Killen has admitted to starting 12 fires in four counties along with Hook, 18, who was sentenced Jan. 28. Three of those fires occurred in Douglas County, two of which were at Walley's Hot Springs in Genoa and the other on Kingsbury Grade during the first week of November 2002,
At a Jan. 14 hearing before Gamble, Killen pleaded guilty to one count of arson, punishable by one to four years in prison and a $5,000 fine, as outline in his plea agreement.
Hook, also of Gardnerville, received probation for a gross misdemeanor for one count of attempted arson at his Jan. 28 sentencing. As part of that probation, Gamble ordered him to serve nine months in jail, but allowed him to pursue a military career by reducing the charge to a gross misdemeanor instead of a felony. Conviction on a felony charge would prevent Hook from pursuing a career in the U.S. Marine Corps.
Both men will split repayment for fire recovery to the various agencies. That amount totals $12,000 or $1,000 per fire.
