Bail was lowered Tuesday to $5,000 cash or $50,000 bondable for a 22-year-old ex-felon accused of shooting up windows at Lake Tahoe, Carson City and Carson Valley before he was arrested in the Gardnerville Ranchos.
District Judge Dave Gamble lowered the $10,000 cash bail for David Scott Killen, charged with two gross misdemeanors in connection with the Feb. 12 shooting spree.
Gamble set a May 1 hearing on motions filed by Killen's lawyer, Martin Wiener of Reno, to order a lineup or suppress evidence and to disqualify District Attorney Mark Jackson and his staff from prosecuting Killen.
Wiener argued that when Jackson was in private practice, he represented Killen in juvenile court.
For Jackson, or any member of his staff to prosecute Killen would be a conflict of interest and violate his client's rights, Wiener said.
Killen, released from prison in August, 2005, after serving a sentence for felony arson, has not been charged in Carson City where more than two dozen windows were reported shot with a CO2-powered BB gun.
Killen was arrested in Douglas County after a citizen's arrest complaint was filed by the 45-year-old Gardnerville Ranchos woman.
Her driver's side window was shot out while she was stopped at an intersection with her 14-year-old daughter in the minivan.
"Yes, there was a BB shot at a car window," Wiener said.
"That allegedly had a lady's face behind it," Gamble interjected.
Wiener said he had been retained by Killen's 99-year-old grandmother and she didn't have money to post the $10,000 cash bail which Wiener likened to a $70,000 bondable figure.
Gamble agreed to lower the bail, and said if Killen is able to post the amount, he would hold a hearing to set release conditions before the suspect gets out of jail.
Gamble disclosed that a few days before the incident, Killen visited him at the courthouse.
"I have a long, long history with Mr. Killen," Gamble said referring to the defendant's juvenile and adult court appearances.
"He told me about his prison experiences and I expressed to Scott how proud of him I was and how well he was doing," Gamble said.
He also made arrangements for Killen to address a weekly youth group organized by the Juvenile Probation Office.
The incident occurred a few days later.
Gamble said he didn't see any reason to recuse himself from hearing the case.
Prosecutor Tom Gregory said the witness who identified Killen had been driving her daughter and "the next thing she knows, her car window is shattered."
"This is a serious offense. He has a criminal history and we don't view his bail as excessive," Gregory said.
Wiener claimed that no one identified Killen as the shooter.
"This woman is shown two boys outside the car. She said, 'That car looks like the one.' She never said, 'He's the one,'" Wiener said.
The complaint against Killen in Douglas County alleges that he discharged a weapon or aided and abetted Dylan Gregory, 21, in discharging a weapon by driving a vehicle on Feb. 12.
Gregory has not been charged.
Finally, Wiener asked the judge to order the jail to supply his client with toilet paper which he claimed had been denied for almost 24 hours.
"The jail is ordered to provide him with toilet paper," Gamble said.
Undersheriff Paul Howell verified Tuesday that Killen was not given toilet paper for a 7-hour period - not 24 hours - but he said that was against department policy.
"It's under internal investigation," Howell said. "Mr. Killen was placed in a cell and the officer denied the request. A supervisor already has been assigned to the investigation. It was not appropriate.
"After our inquiry, if the officer doesn't have a legitimate, lawful reason, there will be some kind of internal discipline," Howell said.
