April 16--The three remaining defendants accused in the 2009 shooting death of an off-duty Metro police officer will be tried separately -- but the first trial won't be for another 10 months.
During a court hearing Monday afternoon, Judge Jessie Walsh set the death penalty trial for Prentice Marshall, 20, for Feb. 11, 2013, in Clark County District Court.
Marshall is one of six members of the Wood gang who were linked to the death of Metro Police Officer Trevor Nettleton, who was killed in a gun battle at his North Las Vegas home during what police say was part of two robberies the gang planned and attempted to carry out.
Nettleton had arrived home from work shortly after midnight on Nov. 19, 2009, when he was confronted and shot in his garage in the 1100 block of Emerald Stone Avenue, near Lone Mountain Road and Donna Street.
Before being killed, Nettleton returned fire, authorities said.
Marshall, who was then 18, was arrested the day of the slaying at University Medical Center, where he was being treated for a gunshot wound to the testicles.
Detectives said Marshall at first claimed he was shot when someone tried to rob him. They said Marshall later changed his story and told them he was involved in the gun battle with Nettleton.
Nettleton was not wearing his uniform when he was shot -- first in the leg, followed by a fatal shot to the chest, authorities have said.
Marshall has been charged with Nettleton's death as well as with an armed robbery of an 18-year-old North Las Vegas man that took place shortly before the gun battle, about 11:45 p.m. Nov. 18, 2009, in the 1800 block of Grand Prairie Avenue.
Since Marshall's arrest in the shooting, police linked the five other men -- who allegedly belong to the Wood gang -- to the officer's death and the armed robbery.
The judge had ruled in February that Marshall could be tried together with Saul Williams Jr., 22, despite arguments from their attorneys that one would try to pin the blame on the other and would end up hurting each other's defenses.
However, Walsh was told by prosecutors Monday that they had worked it out with defense attorneys for Williams, who also faces the death penalty, that Williams would be tried separately. Although the judge acted surprised at the prosecutors' decision, she approved the change.
Walsh decided to schedule Marshall's trial first among the remaining three defendants.
However, the judge did not yet set trial dates yet for either Williams or for the third remaining defendant, Adrian Pena, 20. Pena is not facing the death penalty.
Marshall, Williams and Pena are charged with one count each of murder with a deadly weapon with the intent to promote, further or assist a criminal gang. They also face one count each of conspiracy to commit robbery, burglary while in possession of a firearm and attempted robbery, all with criminal gang enhancements.
A fourth man charged in the case, Quadrae Scott, 20, decided to plead guilty on Feb. 8 to a reduced charge of second-degree murder, without any gang enhancement. Last week, Walsh sentenced Scott to life with the possibility of parole after 10 years. He was given credit for serving 871 days.
Two other men who were also charged in connection to the case, Michael and Emmitt Ferguson, who are brothers, both pleaded guilty to reduced charges of accessory to murder. Walsh sentenced them in November to a minimum of 12 months and a maximum of 30 months.
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