$10,000 bail set for suspects in battery death

Bail was set at $10,000 cash Thursday for four defendants charged in connection with the June 22 death of a Gardnerville man allegedly beaten by the suspects after a Father's Day argument between two girls.

East Fork Justice Jim EnEarl set bail for Anthony Gomez, 30; Jason Waugh, 28; Jimmy Holman, 15, and Alexandrew Vail, 15.

They are each charged with principal to open murder and have been in Douglas County Jail since June 22.

The four are accused of confronting 54-year-old Terrence Joe Howell on June 21 after an alleged argument between Howell's and Gomez's young daughters at their Gardnerville apartment complex.

According to reports, Howell was kicked, punched and shoved. He died the next day after surgery.

On Thursday, the suspects waived their right to a preliminary hearing within 15 days and EnEarl set their next court appearance for July 24.

Court-appointed lawyers for the defendants requested the continuance for additional time to study medical reports in connection with Howell's death.

"This isn't a case of murder, it's a case of malpractice," said Reno attorney Ken Stover, representing Gomez.

Reports indicate that Douglas County deputies received a tip at 6:25 p.m. June 21 that a man was being beaten by three or four men in the area of El Dorado Avenue and Apollo Drive in Gardnerville.

Howell allegedly was jumped by the suspects as he was riding his bicycle to the grocery store. By the time deputies arrived the fight was over.

They questioned Howell at his residence, and he said he would seek medical treatment on his own. He reportedly was examined at a medical center and sent home.

The next day, he collapsed and was taken by medical helicopter to Carson-Tahoe Regional Medical Center. He underwent emergency surgery and died at a few hours later.

An autopsy report has not been released.

Stover said his client would remain in custody.

"There's a great deal of seeming hatred in this community from the comments in The Record-Courier and on their Web site," Stover said. "My client is safer in custody."

Attorney Kris Brown asked that her client, Holman, be released on his own recognizance.

"I think there is a big question whether the action of any of these defendants resulted in the death of Mr. Howell," Brown said.

She said no one had come had identified Holman as an assailant in the incident.

That was verified by Gomez, who is Holman's stepfather.

"He (Gomez) told me to tell you that he doesn't remember Jimmy taking part in this," Stover told EnEarl.

Brown said Holman was 15, had no prior record, and would live with his mother.

Reno lawyer Stephen Rye, representing Waugh, said his client had no money for bail.

Tod Young, appointed for Vail, said none of the defendants had access to the autopsy reports. He was the first to request additional time and funds to hire an expert to aid in interpreting Howell's medical records.

"I've spent a great deal of time with the records and do have some negotiations in process," Young said. "In order for me to provide effective counsel, I need some assistance in interpreting the records."

Prosecutor Tom Gregory argued in favor of $100,000 cash bail.

"Each defendant made admissions as to being physically involved, including Mr. Holman," Gregory said.

If the defendants make bail, EnEarl said they would be under the supervision of the alternative sentencing department. If out of custody, they must be on house arrest and wear ankle monitors, he said.