Two Placerville brothers and a Carson City woman will be tried in the Nov. 14 assault and attempted murder of a Department of Public Safety captain, a judge determined Thursday.
Justice of the Peace Robey Willis found there was enough evidence to try William Nattrass, 21; Raymond Nattrass, 17; and Vivian Leman, 28, following a preliminary hearing.
Capt. P.K. O'Neill testified that he was told there was a woman on the ground outside his office building on Nye Lane and when he went outside, he saw Leman lying on her back and Raymond Nattrass helping her up.
In the ensuing moments, both Raymond Nattrass and Vivian Leman allegedly attacked O'Neill, punching and kicking at him, while William Nattrass pulled O'Neill's handgun from the officer's holster.
O'Neill testified that as he struggled with the younger Nattrass and Leman, William Nattrass pulled back the rack on the handgun and reached around Leman to try to fire at O'Neill.
The officer said he used Raymond Nattrass as a shield, and then sought protection behind a vehicle. He said when the gun didn't fire the first time, William Nattrass walked to a different position and racked the gun again. And again it didn't fire.
District Attorney Neil Rombardo said William Nattrass' attempts to fire the weapon at the officer, in addition to shouting, "I'm gonna cap your ass," is enough to support a charge of attempted murder.
"If the safety wasn't on, we wouldn't be here on attempted murder, we'd be here on murder," the prosecutor said.
Rombardo said Raymond Nattrass' comments to O'Neill that his gun-wielding brother was going to "(expletive) him up," and Leman's comment to O'Neill, "I'm not going to tell him to give you the gun back, he's gonna kill you," were enough to support charges against Raymond Nattrass and Leman for principal to attempted murder.
They also are charged with principal to robbery, battery on a peace officer and Raymond Nattrass is additionally charged with using false identification to avoid prosecution for initially giving police the name of his 15-year-old brother, according to court records.
William Nattrass is charged with attempted murder, battery on a peace officer, assault with a deadly weapon and robbery.
All three will be arraigned in Carson City District Court on Dec. 11.
