The special prosecutor in a case against two brothers indicted by a grand jury argued Tuesday the charges shouldn't be dismissed.
Jaime Bustamante had moved to dismiss the charges on the grounds the statute of limitations had run out.
But special prosecutor Terri Roeser filed a response on Tuesday saying the statute of limitations hadn't run out because Judge William Maddox ordered the complaint be filed in September 2000, within three years of November 1997 when the crimes were committed.
Additionally, Roeser filed a motion to have the Department of Prisons transport Bustamante from the Northern Nevada Correctional Center for arraignment. No date has been set for either Bustamante brother.
Bustamante and brother Johnny Bustamante were indicted on a total of 11 counts, including the following felonies: assault with a deadly weapon, battery with a deadly weapon, trafficking, possession and sales of a controlled substance. Additionally, Johnny Bustamante was indicted on a charge of extortion.
Chief Deputy District Attorney Anne Langer was indicted by the grand jury on charge of intimidating a witness to influence testimony.
The grand jury was empaneled March 13 to review the contents of a petition spearheaded by citizen Ron Weddell for what he says was a deliberate refusal to prosecute the Bustamantes.
The petition alleged misconduct by Waters, Langer and several of Carson City's law enforcement officials in their handling of the alleged Bustamante crimes.