LAS VEGAS - Prosecutors will seek the death penalty against two of six accused gang members facing trial in the slaying of an off-duty Las Vegas police officer at his home, Clark County District Attorney David Roger said Wednesday.
A panel of prosecutors decided that aggravating circumstances merit capital murder charges against Saul Williams Jr., 20, and Prentice Marshall, 18, including the armed robbery of another man shortly before the Nov. 19 shootout that killed Trevor Nettleton, Roger said.
Nettleton was born in Quincy, Wash., and raised in Yakima, Wash. His father was a Washington state trooper.
Williams' lawyer, Dan Silverstein, said Wednesday that evidence shows his client wasn't the shooter in Nettleton's death.
"I don't think the death penalty is for people who didn't kill someone," Silverstein said.
Marshall's lawyer, Tony Sgro, did not immediately respond to messages seeking comment.
Williams and Marshall are accused of confronting Nettleton in the garage of Nettleton's North Las Vegas home while Quadrae Scott, 18, and Adrian Pena, then 17, served as lookout and getaway driver.
Police said Marshall was hospitalized for treatment of a wound to the lower abdomen after being shot in the exchange of gunfire with Nettleton.
Williams also is accused of conspiring with Michael Ferguson, 25, and Emmitt Ferguson, 18, to dispose of weapons. The Fergusons are brothers. They are accused of being accessories after the slaying.
All six men have pleaded not guilty. Court officials said a Feb. 16 trial date will likely be postponed several months to allow attorneys to prepare.
Roger said death penalty decisions depend on three elements: aggravating circumstances, whether committee members think a jury will agree on a death sentence, and whether the sentence will hold up on appeal.
The panel declined to seek the death penalty against Pena because of his age. Roger declined to say what led to the decision about Scott.
Nettleton, a married father of two, had been a Las Vegas police officer for three years. He previously served more than nine years in the Marine Corps, including a stint as a presidential guard for President George W. Bush.
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