Court scrambles to appoint attorneys in slaying

Since 1996, beating victim Terrence "Joe" Howell had at least eight criminal contacts with Douglas County law enforcement.

The allegations ranged from attempted murder charges - of which he was acquitted by a jury - to battery on a prisoner which was reduced to disorderly conduct to which he plead guilty.

In the course of those contacts, Howell was prosecuted and defended by Douglas County deputy district attorneys and court-appointed lawyers.

Finding lawyers from that small pool to represent the two adults and two juveniles charged in connection with Howell's death June 22 has created challenges for the court system faced with a July 9 deadline for a preliminary hearing.

Charged with principal to murder and held without bail are Anthony Gomez, 30; Jason Waugh, 28; Jimmy Holman, 15, and Alexandrew Vail, 15.

The four are accused of confronting 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 Wednesday, Vail's lawyer Tod Young disclosed that three years ago he briefly was appointed to represent Howell, but he withdrew after it was determined he had represented witnesses or victims in prior cases against Howell.

"I never met Mr. Howell or discussed the case. There were no confidential conversations," Young said.

Vail told East Fork Justice Jim EnEarl he didn't believe there were any conflicts and wished to have Young for his lawyer.

Kris Brown, who prosecuted Howell when she worked as a deputy district attorney, said her client, Holman, waived any conflict.

Prosecutor Tom Gregory said the district attorney's office also waived conflict.

Waugh is represented by Reno attorney Stephen Rye.

Derrick Lopez, appointed to represent Gomez, was allowed to withdraw.

Lopez told EnEarl he had briefly represented Howell and wanted to withdraw as Gomez's counsel to avoid any appearance of the Bar Association code of conduct.

"I am requesting the court allow me to withdraw," Lopez said. "If the court orders me to continue, I would represent Mr. Gomez zealously. But even if there is a remote potential, I think it's real."

EnEarl said he didn't believe any conflict existed, but he would respect Lopez's wishes.

Since Howell is dead, Lopez said his former client didn't have the opportunity to waive any perception of a conflict.

Lopez said he was concerned the issue might resurface later and could result in a new trial.

Reviewing notes from the prior case did not refresh any memories of privileged conversation, Lopez said.

"In this case, Mr. Howell doesn't have the ability to waive," Lopez said. "The defense is going to be along the lines of self-defense. Witnesses of the accused say they understood there was inappropriate conduct by Mr. Howell against my client's 10-year-old daughter. Part of the issue of defense will be the propensity of violence of Mr. Howell."

Lopez said a lawyer's duties to a client remain after death.

EnEarl appointed Reno attorney Ken Stover to represent Gomez.

A further complication may result from the availability of Howell's autopsy report which was not ready for the prosecution or defense as of Thursday.

The defense attorneys asked for the report in advance to be able to question a pathologist who is scheduled to testify at the July 9 preliminary hearing.

If the report is unavailable, attorneys indicated they would request a continuance.