District Judge Dave Gamble placed a 22-year-old ex-felon on house arrest Tuesday and ordered him back to East Fork Justice Court on misdemeanor charges that he shot up windows at Lake Tahoe, Carson City and Carson Valley more than two months ago.
Gamble ordered David Scott Killen of Carson City released from Douglas County Jail and told him to appear in East Fork Justice Court on May 9.
Gamble also approved a motion filed by Killen's lawyer, Martin Wiener of Reno, for a lineup.
The case is being prosecuted by the Carson City District Attorney's Office after Wiener objected to the fact that Killen had been represented as a juvenile by Douglas County District Attorney Mark Jackson when Jackson was in private practice.
Gamble denied Wiener's motion to dismiss the charges of discharging a firearm where a person may be endangered and willful destruction of property.
The proceeding was delayed about 30 minutes Tuesday afternoon waiting for Carson City Deputy District Attorney Gerald Gardner who did not show up.
Assistant Douglas County District Attorney Mike McCormick sat in on the hearing and said the files had been forwarded to Carson City.
"If released, Mr. Killen can demonstrate he doesn't need court supervision and is not a flight risk," Wiener said.
"He's less danger to the community now because he knows the magnitude of the offense. Whether or not he was the one responsible, he certainly has learned something," Wiener said.
Gamble said he had received no opposition from the Douglas County District Attorney to the request for the lineup.
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 on Feb. 12. 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. In requesting the lineup, Wiener claimed that no one identified Killen as the shooter.
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.
