East Fork Justice Jim EnEarl refused today to release two 15-year-olds being held in Douglas County Jail in connection with the beating death of a 54-year-old Gardnerville man.
In a one paragraph order issued late this morning, EnEarl said after hearing oral arguments Monday and further review of the case, Alexandrew Vail and Jimmy Holman were to remain in jail on $10,000 cash bail.
Lawyers for the teenagers asked the judge to release their clients on their own recognizance because they didn't belong in Douglas County Jail where they have been held since their arrests June 22.
EnEarl declined to elaborate on his order.
The teens were arrested along with two adults, accused of causing the death of Terrence "Joe" Howell at a Gardnerville apartment complex.
The beating allegedly occurred after Howell's daughter and Holman's younger sister got in an argument.
The teenagers are charged with principals to open murder and being tried as adults, thus their incarceration in Douglas County Jail.
Holman's stepfather Anthony Gomez, 30, and roommate Jason Waugh, 28, also charged in Howell's death, did not seek a bail reduction.
Kris Brown, representing Holman, said Monday her client had no prior criminal record, and would live with his mother and grandmother under 24-hour supervision in South Lake Tahoe if released.
Brown said Holman tried to break up the fight, not aggravate the situation.
"There was no intent on Jimmy's part to cause Mr. Howell's death. His (Holman's) intent wasn't to provoke or carry on the fight, it was an attempt to break it up," she said at Monday's bail hearing.
She said his family couldn't afford the bail.
"Jimmy's mother supports herself and four children alone," Brown said. "Bail of $10,000 for her equals no bail at all."
She questioned whether the murder charge would stand up.
"After the altercation, Mr. Howell went to the hospital and was sent home without broken ribs. The next day, he did have a broken rib and ruptured spleen," she said.
Howell collapsed at his home June 22 and was taken to Carson-Tahoe Regional Medical Center in Carson City. He survived surgery, but died a few hours later.
"There are a lot of questions to raise reasonable doubt as to the cause of Mr. Howell's death," Brown said.
Lawyer Tod Young said there was little likelihood of a murder conviction.
"There was no fracture or damage to Mr. Howell's spleen after this altercation. Our position is that something may have happened after that," Young said.
If Vail must remain incarcerated, he belongs in the county's juvenile detention center at Stateline, Young said.
"This (jail) is no place for a child," he said.
Young said he was concerned that his client be able to resume his education when school starts.
"By the time we have the (Aug. 28) preliminary hearing, school will have begun," Young said.
Prosecutor Tom Gregory declined to answer EnEarl's questions about the likelihood of conviction or who was more culpable.
"We know Mr. Howell's dead. He died the day after he was jumped. The very first punch put Mr. Howell on the ground. He never threw one punch," Gregory said.
He said Holman and Vail were never in danger from Howell.
Gregory said he didn't have autopsy reports, but the cause of death indicated Howell bled to death, precipitated by the assault.
He called Vail "an extreme flight risk."
Gregory said Vail moved to Douglas County from Florida where he was a member of the Bloods.
"He has run away as a juvenile. We have no reason to think he'll stick around if you let him out," Gregory said.
As for Holman, his mother and sister are witnesses in the case and Gregory said he was afraid the defendant would try to interfere with their recollections of what happened.
"If he gets out on his own recognizance, we consider him a flight risk given the nature of the offense and the fact that prison is a penalty," Gregory said.
For the charges, Gregory said $10,000 cash bail was reasonable, and he believed $100,000 cash was appropriate.
EnEarl asked if the district attorney's office would charge Vail and Holman as juveniles if they were released on their own recognizance, so they could be incarcerated at the juvenile facility.
"It would be a mistake to assume what the state would do in the event you order an own-recognizance release," Gregory said.
"The evidence shows Mr. Howell was on the ground and offered no defense, Mr. Holman kicked Mr. Howell at least two times in the shoulder. Mr. Vail made the more egregious attack. He acknowledged seeing an opening to Mr. Howell's ribs and kicked him repeatedly," Gregory said.
According to the law, any of the four involving in punching and kicking Howell are responsible for the result, Gregory said.
Based on a schedule set by the Washoe County crime lab, he hoped to have autopsy results by the Aug. 28 preliminary hearing.
"It's the state's position we don't have to have those to go forward," Gregory said.
EnEarl said autopsy results would benefit the court.
