Olive Garden brandishing jury selection starts Monday
August 10, 2014
An Indian Hills man who admitted to resisting a Douglas County deputy with a weapon faces trial for brandishing that weapon at the Carson City Olive Garden on Monday.
Lane, 57, faces charges he threatened the lives of four different people at the Olive Garden restaurant on July 21, 2013.
Among the 120 potential jurors called to serve in the trial accusing Lane of assault with a deadly weapon is Nevada Supreme Court Chief Justice Mark Gibbons.
Gibbons said he will definitely show up as ordered.
"It's to point out to all citizens that, if they are called, it's an honor and a privilege to serve," he said.
"But I don't know how long I'll last," he said. "We'll see."
Gibbons said Friday he doesn't really know much about the case, so he would probably qualify to serve. But it's unlikely any lawyer wants a Supreme Court Justice on his jury.
His brother, Douglas County District Judge Michael Gibbons, sentenced Lane in February to 1-3 years in prison after Lane admitted to having the gun while a Douglas deputy was trying to take him into custody.
The deputy was waiting for him after the restaurant manager took down Lane's license plate after the incident there.
District Judge James Wilson on Tuesday denied a motion filed by Deputy Public Defender Scott Walker, who declined to explain exactly why the defense needs more time, asking instead for an ex-parte hearing without the public or prosecution in the room because the reasons "relate to defense strategy."
Deputy District Attorney Troy Jordan filed the opposition to further delays charging the motion "is brought in bad faith to delay the trial yet again and to delay justice to the victims in this matter."
Prosecutors argued the defense has had plenty of time to prepare both for motions to suppress some of the evidence and the trial and that with two public defenders assigned to the task, has no excuse for further delays.
Wilson also denied the motions by defense counsel Marcie Ryba and Walker for more time to prepare for Thursday's hearing on motions to suppress evidence collected in the case.
Wilson made it clear the trial is not going to be delayed again, telling both sides they have precisely three days starting Monday to get it done.
Lane is accused of pointing a handgun at restaurant manager April Vlach and Chef Daniel Cewinski and two other employees — Erica Olivas and Amanda Feratis.
Each count carries a maximum of six years in prison so, if convicted and given the maximum sentence, he could be facing 24 years behind bars.
When Lane showed up at the restaurant, he demanded to see the manager and she met with him but said he really didn't say why he was upset, instead demanding to go into the kitchen.
After he pointed the gun at her, Cewinski confronted Lane telling him he couldn't go into the kitchen. At that point, he said Lane held the weapon next to his head and cocked it asking if he wanted to die.
After he left the restaurant, Olivas saw his car and gave deputies the license plate number. Lane is in the Northern Nevada Correctional Center serving a 1-3 year sentence.
He was seen by the Parole Board in May and is eligible for release Sept. 17. The defense already lost a bid to bar the pistol from evidence.
That weapon ties Lane to the restaurant because the markings on the bullet he ejected onto the floor match its ejector lever.