Clock ticking on death penalty decision in Oxley killing

The Douglas County District Attorney's Office has 30 days to indicate whether the death penalty will be sought against Gardnerville resident James Matlean, who is being held in the Feb. 21, 2008, shotgun killing of Wildhorse resident Benjamin Oxley.

Matlean, 23, pleaded innocent this morning at an arraignment before District Judge Michael Gibbons.

Defense attorney Ken Stover said that if the district attorney does not seek the death penalty in the case, he would seek bail for his client.

Matlean has been in Douglas County Jail since December 2009 on a probation violation. He was charged with the Oxley murder in June.

Matlean was living with Oxley's ex-wife Dawn at the time of the murder. Dawn Oxley received immunity in exchange for her testimony against Matlean.

A two-week July 19, 2011, trial was set today. A status hearing was set for Jan. 24, 2011.