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Thread: Alexander King Pleads Guilty and Gets Life in Prison in 2011 NV Slaying of Stuart Gardner

  1. #1
    Administrator Heidi's Avatar
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    Alexander King Pleads Guilty and Gets Life in Prison in 2011 NV Slaying of Stuart Gardner



    King stipulated as competent, preliminary hearing set

    Alexander King, 19, of Silver Springs, was scheduled for a preliminary hearing on murder and other charges during a recent status hearing before Justice of the Peace Michael Fletcher in Walker River Justice Court in Yerington.

    The hearing is expected to last all day beginning at 9 a.m. where the judge will determine if there is sufficient evidence to bind King over to District Court.

    King faces first-degree murder with a deadly weapon and other charges in this case after a shooting death in Silver Springs on Jan. 3 when King was arrested after the Lyon County Sheriff's Office reported he was found hiding in a field not far from where Stuart Gardner, 18, of Silver Springs, was found shot near his home on Tonopah Street in Silver Springs.

    and....



    Alexander King, 19, of Silver Springs, was scheduled for a preliminary hearing on murder and other charges after being ruled competent during a status hearing last Thursday in Walker River Justice Court in Yerington.

    That preliminary hearing was set for Thursday, May 12, at 9 a.m., and among other counts, King faces first degree murder with a deadly weapon charges in the wake of a shooting in Silver Springs on Jan. 3.

    John Oakes, one of two attorneys representing King, said the court had received a copy of the evaluation report from King's stay at Lakes Crossing Center, that two doctors who examined King found him competent for purposes of adjudication and that he and co-counsel and public defender Jesse Kalter would stipulate to King's competency and request a preliminary hearing date be set.

    Chief Deputy Lyon County District Attorney Mark Krueger later said the competency decision meant King was found to understand the charges against him and could assist his counsel in his defense.

    The psychological evaluation was requested by Kalter, who cited prior mental health diagnoses related to King in making that request.

    The District Attorney's Office hasn't determined yet whether it will seek the death penalty in this case, and Oakes said at the status hearing, "I don't see this as a death penalty case," while adding the prosecution didn't have to make that decision until the case reaches the district court level.

    Krueger requested a status hearing be set, and one was scheduled for April 7 at 9 a.m. in Walker River Justice Court.

    King was arrested on Jan. 3 after the Lyon County Sheriff's Office reported he was found hiding in a field not far from where Stuart Gardner, 18, of Silver Springs, was found shot near his home on Tonopah Street in Silver Springs.

    The LCSO reported Gardner and his girlfriend returned home to find the front door open and Gardner later confronted King outside the home and was shot in the chest by King. Gardner died later that day.

    Besides the first degree murder charge, King was also charged with one count of burglary with the use of a firearm or deadly weapon, one count of invasion of a home with use of a firearm or deadly weapon, and one count of ex-felon in possession of a firearm.

    The ex-felon in possession of a firearm charge results from the fact King was serving probation on other felony charges from Humboldt and Lander counties.

    http://www.rgj.com/apps/pbcs.dll/art...=2011103040336

  2. #2
    Administrator Heidi's Avatar
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    King pleads guilty to charges of murder

    Alexander King of Silver Springs pleaded guilty to one count of murder in the first degree during his arraignment before Third Judicial District Court Judge David Huff.

    Sentencing by a jury has been set for Jan. 3, 2012, at 9 a.m., with three days set aside for that phase of the judicial process.

    King was arrested on various charges in Silver Springs on Jan. 3 after the shooting of Stuart Gardner, 18, of Silver Springs, who died later that day.

    After plea negotiations, King, 19, waived a preliminary hearing last month in Walker River Justice Court and arraignment was set for June 6

    According to the Information filed in District Court, King is charged with killing Gardner "with malice aforethought, either expressed or implied, in perpetration or attempted perpetration of a burglary."

    As part of the plea negotiation, the District Attorney's Office won't seek the death penalty, meaning King will face potential sentences of either life in prison with or without the possibility of parole, or a definite 50-year prison sentence.

    In addition, the sentencing on the first degree murder charge will be conducted by a jury, as the defendant didn't wish to be sentenced by the judge, the DA's Office reported.

    During that sentencing phase, the defense and prosecution will present evidence supporting the sentence each is seeking, while the judge will rule on the deadly weapon enhancement.

    The Lyon County Sheriff's Office had reported Gardner and his girlfriend had returned to a home at 2950 Tonopah Street in Silver Springs to find the front door open. Gardner then came upon King outside the home and was shot, the LCSO had reported.

    King also was on probation for several felony convictions in other counties at the time of the murder

    http://www.rgj.com/article/20110615/...on%20Courier|s

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    Administrator Moh's Avatar
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    October 8, 2013

    Request for new judge in King case denied

    A new judge will not be appointed to consider motions filed in the murder case of Alexander King, charged in a January 2011 shooting death in Silver Springs.

    Senior Judge Robert Estes, who was appointed by the Nevada Supreme Court to consider a judge recusal motion filed by Lyon County District Attorney Bob Auer, denied that request during a hearing last Thursday in Third Judicial District Court in Yerington, a hearing that was rescheduled from an Oct. 16 date.

    During a sentencing hearing on May 28 to first-degree murder charges in the shooting of Stuart Gardner outside a Tonopah Street home, ...

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    http://www.tallahassee.com/article/J...ng-case-denied

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    Judge denies motion in King case

    Sentencing on murder charge in Silver Springs' case set for March 18


    Written by Keith Trout

    Over three years after being arrested on murder and other charges, Alexander King is scheduled to be sentenced at 1:30 p.m. March 18 in Third Judicial District Court.

    The sentencing date recently was set after District Court Judge William Rogers issued an order denying the defendant’s motion to withdraw his guilty plea to one count of first-degree murder with a deadly weapon.

    King actually has pleaded guilty twice in the shooting death of Stuart Gardner, 18, on Jan. 3, 2011, in Silver Springs. His first guilty plea was thrown out as it was part of a plea agreement in which a jury would determine his sentencing, accepted by a since-deceased judge, but later Rogers said that was not allowed under state law. He said only a judge can issue sentencing in such cases under a guilty plea, and the Nevada Supreme Court upheld that decision.

    Then, last year he again pleaded guilty under a plea agreement but later changed his mind, filing a motion to remove his legal counsel at the time and to withdraw his guilty plea. The Lyon County District Attorney’s Office also filed a suit to remove Rogers as judge in the case, citing comments Rogers made last May in court when King said he wanted to withdraw his guilty plea.

    King has been defended by four past and current public defenders in the county, first Jesse Kalter, who was replaced by Wayne Pederson when Kalter left as a public defender. Pederson then asked to be replaced when King also requested a new defense counsel. He was replaced by public defender Paul Yohey, but then last month Ken Ward replaced Yohey.

    King, 19 at the time of his arrest, also briefly was defended by Jack Oakes as a death-penalty certified defense counsel when the death penalty was still on the table, until the initial plea agreement and guilty plea removed the death penalty.

    The DA’s office argued it feared the comments Rogers made last May when King said he wanted to back out of his guilty plea, and could face a sterner sentence if found guilty at trial, could negatively impact the case in the event it were appealed.

    Senior Judge Robert Estes last fall denied the motion to remove Rogers from the case, leaving only King’s request to withdraw his guilty plea. Rogers, though, in his order filed Feb. 14, after a hearing on Feb. 11, denied that request and the March 18 sentencing date was set.

    Rogers ruled King’s guilty plea during a hearing March 4, 2013, was done “voluntarily, knowingly, and intelligently and upon the advice of counsel,” that he had been thoroughly canvassed and told of his rights at that time when he gave the guilty plea.

    King had argued in a handwritten motion that the guilty plea was done under duress and a period of high stress and he charged ineffective counsel since Pederson did not advise him of possible defenses he could have raised at trial if he pleaded not guilty, which Rogers rejected.

    In a letter King wrote to the family of Gardner about two and a half years ago that was entered into the record related to this motion, and when he made his guilty plea, King said he was supposed to be warned by partners if anyone came to the house, where the victim lived, while he was burglarizing it. When a lady entered, he ran out of the house and said he was then chased by someone he didn’t get a good look at.

    King said he decided to scare the chaser away and felt firing in the air wouldn’t be good enough and that shooting at the ground the bullet might ricochet and hit the pursuer.

    So, he wrote that he tried to shoot over the pursuer’s shoulder, but instead Gardner was struck in the chest. King wrote he didn’t know he’d hit Gardner, whom he’d last seen walking away, with the shot until after he was arrested that day, first on an attempted murder charge, and then on a murder charge when Gardner died.

    http://www.rgj.com/article/20140219/...nclick_check=1

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    April 1, 2014

    King sentenced to life

    A step that had been delayed before at the last minute occurred this time as Alexander King was sentenced to life with the possibility of parole after 20 years on first-degree murder with the use of a deadly weapon charges.

    King’s sentence was pronounced by Third Judicial District Court Judge William Rogers on March 18.

    King is serving a prison sentence on probation violations from charges in Humboldt and Lander counties. The murder sentence would run consecutive to these other charges and the felony murder sentence would include 48 to 120 months for use of a deadly weapon enhancement, also to run consecutive to the life sentence.

    The defendant was not given credit for presentence time served during this sentencing, as he is serving time on previous charges, and that exact amount of time served would be determined by the state later.

    King was arrested in the Jan. 3 shooting of Stuart Gardner, after Gardner and his girlfriend interrupted King in their home in the midst of a burglary, according to court documents. Gardner pursued King as he left the Silver Springs home and was shot by the defendant, court records state.

    Public defender Ken Ward addressed the court, as did the defendant. Testifying on behalf of the victim included Crystal Gardner, Tiffany Miller, Chelsea Gardner, Justin Gardner, Lucille Potter, Brittany Minor and David Gardner, while testifying on behalf of the defendant were Kathryn King and Keith King.

    King has pleaded guilty twice to the murder charges. His first guilty plea was thrown out as it was part of a plea negotiation in which a jury would determine his sentencing. However,after Rogers took over the case, he said that was not allowed under state law,and the Nevada Supreme Court upheld that decision.

    Last year, King, who was 19 at the time of the murder, again pleaded guilty under a plea agreement but later changed his mind. He filed a handwritten motion to remove his legal counsel at the time and to withdraw his guilty plea. The Lyon County District Attorney’s Office also filed a suit to remove Rogers as judge in the case, citing comments Rogers made last May in court when King said he wanted to withdraw his guilty plea.

    King charged he pleaded guilty while under stress and coercion. Rogers, though, in February denied the motion to withdraw his plea, and the sentencing date was set.

    http://www.rgj.com/story/news/local/...arole/7182427/

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