Man denies robbery charge

A Gardnerville man denied charges of attempted robbery and battery on Tuesday.

A July 13 trial date was set in the case of Miguel Rubio, 21, who is accused of assaulting two teenagers in what authorities believe was a case of mistaken identity.

Prosecutor Tom Gregory said he felt three days would be sufficient for a trial.

Rubio waived his right to have a trial within 60 days.

He is being held in Douglas County jail in lieu of $25,000 bail. Rubio's attorney Kris Brown sought his release on his own recognizance or a reduction of bail.

"He has lived here for nine years and his parents live in Gardnerville," she said.

Brown said one of the reasons Rubio's bail is higher is because he's accused of being a gang member, something he denies.

District Judge Dave Gamble left Rubio's bail alone, but said that if the defense could refute Rubio's they could bring the issue back.

"If the gang enhancement is not true, then I will look completely differently at the issue of bail," Gamble said.

Rubio and Andrew William Tagay, 20, were arrested March 12, after the victims said two men jumped them on their way home from returning a DVD, demanded money and threw beer cans at them.

The victims said the defendants shouted "Tokers" at them as they ran away.

One of the teenagers was hit in the back of the head with a full beer can that exploded on impact. The other teen had a cut over his left eye.