LAS VEGAS (KTNV) — Bail arguments will likely be heard next Tuesday for the two teenagers accused of intentionally hitting and killing Andreas Probst, the retired Bell, Calif. police chief.
The crime happened August 14 when Probst was cycling in the northwest valley and hit by a car from behind.
MORE: Friends of Andreas Probst share memories of retired police chief
Police said Jesus Ayala, who is now 18 years old but 17 at the time of the crime, was the driver and 16-year-old Jzamir Keys was the passenger.
On Tuesday, officials with the Las Vegas Metropolitan Police Department revealed during a press conference they had obtained a video, allegedly recorded by Keys, showing the act was intentional.
Both Ayala and Keys are facing several felony charges, including open murder. The two are facing charges as adults.
But former Clark County chief deputy district attorney and current criminal defense attorney Thomas Moskal said the suspects’ age will be considered when setting bail.
“The court is going to consider any evidence,” said Moskal. “I don't know how much the court's going to consider juvenile criminal history. Those things are sealed for a lot of purposes. A lot of times in cases like this, especially with juveniles or even younger defendants who are under 25, is that the psychology isn’t there. They're not quite adults yet. It doesn't mean it's the determining factor, though. I think the gravity of the crime is one of the main things when you're looking at a murder like this.”
What is open murder?
Moskal explained that in Nevada, defendants are entitled to bail for any crime except for first-degree murder. Open murder essentially means there are different degrees of murder, according to Moskal.
“When you're charged with open murder, first-degree is one of the crimes that are charged,” said Moskal. “All the prosecution has to show the judge for the judge to be able to issue a no bail hold — meaning they’ll stay in custody until the case is done — is to show that the proof is evident, or the presumption is great.”
According to Moskal, when somebody is facing open murder, they’re inherently a flight risk. He predicts the judge will either set the suspects at no bail or a bail so high they can’t make it.
But it is possible the defense can argue for a lower bail based on the degree of murder.
“The defense attorney is going to say second-degree murder,” said Moskal. “They didn’t have the intent to kill the bicyclist. They did have the intent to hit him. If you get one juror to agree with the defense there — that the prosecution has not proven the intent — well, then the jury is all going to agree on second-degree murder, and then you have a second-degree murder conviction there.”
What are the next steps?
Based on Moskal’s experience as a former prosecutor, he believes this case will be indicted by a grand jury. That is, once the DA’s office files a criminal complaint.
“When you’re on a serious case, as long as the investigation is done and you have the evidence, you need to go forward,” said Moskal. “Go ahead and go to a grand jury. Let’s skip the justice court proceedings, because cases can just be delayed for quite a long time. If I had my case together and the reports were done because we're trying to push the case forward and put pressure on the defense.”
The two teen suspects are back in court Tuesday morning.
