LAS VEGAS (KTNV) — The two teens accused of intentionally hitting and killing retired police chief Andreas Probst entered not-guilty pleas in court Wednesday.
18-year-old Jesus Ayala and 16-year-old Jzamir Keys are facing several felony charges, including murder and attempted murder.
Ayala is represented by public defender David Westbrook, and Keys is represented by private attorney Dan Hill.
Westbrook raised concerns about the murder case’s publicity as well as the communication about evidence from the state in court on Wednesday.
“I requested to be informed of the time and the location of the grand jury proceedings so that my client can make an informed decision about whether or not he wished to testify,” said Westbrook. “I also requested certain discoveries so that I could actually give specific examples of exculpatory evidence I wanted the state to produce. I received no communication whatsoever from the state.”
Westbrook said he didn’t find out about Ayala’s indictment until the media reached out to him.
“Four different media organizations called me to comment on a grand jury proceeding that I wasn't informed had taken place,” said Westbrook. “I don't want to be in a situation where it comes to trial time in this case. And we can't find unbiased jurors because everybody has been informed all along the way as to the state's perception of the evidence in this case. We haven't seen the evidence in this case.”
Last month, Metro investigators said a viral video recorded by Keys showed the teens mowing down Probst was intentional. Westbrook said he did not get any video evidence.
State prosecutor John Giordani fired back to Westbrook’s statements in court, saying he followed all the rules.
“Now that Mr. Westbrook has stepped off the soapbox, I follow all the rules and responsibilities required of me,” said Giordani.
District court judge Tierra Jones told Westbrook he’ll have to file a motion if he believes the state wasn’t playing fair.
“If you have issues with not being presented with information that you felt should have been part of the grand jury, you can call the writ,” said Jones. “If you believe the state has violated one of those, you need to put that in a formal motion pursuant to the court rules.”
Westbrook told reporters after the court hearing he plans to file a motion after reviewing grand jury transcripts.
The teens are scheduled to be back in court on October 24, when a trial date should be set.
