Judge won't lower bail in window-breaking spree

Acting Justice of the Peace Paul Gilbert declined Feb. 28 to change the $10,000 cash bail for vandalism suspect David Scott Killen.

Gilbert, filling in for Judge Jim EnEarl, set a hearing Wednesday for the 22-year-old suspect, whose lawyer also was absent last week.

Although he asked that Killen be released on house arrest, lawyer Tod Young - standing in for Derrick Lopez - said one of Killen's alleged victims in a two-county window-breaking spree was a client and represented a conflict for him.

Gilbert said he was related to an alleged victim and set the matter for Wednesday when EnEarl returns.

The complaint against Killen in Douglas County alleges that he discharged a weapon or aided and abetted Dylan Patrick Gregory, 21, in discharging a weapon by driving a vehicle on Feb. 12.

The vandalism spree stretched from Stateline at Lake Tahoe, through Carson City, Minden and Gardnerville. There were no injuries, but damage estimates ran into the thousands of dollars.

More than two dozen windows were shot with a CO2-powered BB gun.

Killen was arrested in Douglas County after a citizen's arrest complaint was filed by a 45-year-old Gardnerville Ranchos woman.

Her driver's side window was shot out while she was stopped at an intersection with her 14-year-old daughter in the minivan.

-- Sentencing is set for Wednesday for a 36-year-old Gardnerville Ranchos man who pleaded guilty Feb. 28 to a second charge of battery that constitutes domestic violence.

Lawyer Tod Young asked that the sentencing be delayed to allow the victim to make a statement.

Prosecutor Kris Brown requested that Timothy John Smith remain in jail where he was being held on $10,000 cash bail.

Smith told acting Judge Paul Gilbert that he and his wife had been drinking and he went to another room to cool down. He claimed she threw a bowl of chips at him and he hit her.

According to Brown, the victim was hit several times resulting in two black eyes and a fractured nose.

The victim fled to a neighbor's house and called 911.

Smith was convicted of a battery on the victim in 2005.