Defendant jailed in MGM beating

Four days after withdrawing his guilty plea in a nationally publicized beating case, a 19-year-old man returned to court Friday and was remanded to custody.

Defense attorney Dayvid Figler said his client, Asryen Brown, cannot make the $50,000 bail set Friday by Clark County District Judge David Barker.

Figler said Brown has been free on his own recognizance since December and has complied with every requirement of his release. The attorney said he could not understand Barker's decision to set the high bail amount. Standard bail for the charges Brown faces is $7,000.

"This can only be viewed as a punitive measure," Figler said.

Barker said he based his decision on his belief that prosecutors, who did not request the bail setting, will succeed with their case against Brown.

The defendant has admitted to playing a role in the beating of Richard Markwell Jr., a maintenance supervisor at the MGM Grand, during Easter weekend last year. Video of Markwell being attacked by a mob of people was broadcast nationally.

Brown initially pleaded guilty to felony battery with substantial bodily harm, but asked to withdraw the plea after Senior District Judge James Brennan imposed the maximum prison term of two to five years. Brennan was substituting for Barker at the sentencing hearing last month.

Figler said his client expected to receive probation under his plea agreement with prosecutors. The plea agreement also called for Brown's felony conviction to be reduced to a gross misdemeanor after his successful completion of probation, the attorney said.

On Monday, Barker allowed Brown to withdraw his guilty plea.

Figler said his client never has denied his guilt, "and he's not going to start denying his guilt now."

The attorney said Brown admits striking Markwell twice with his belt. The victim suffered a permanent shoulder injury, but Brown denies that he caused it.

Chief Deputy District Attorney Victoria Villegas said the defendant fails to understand the theory of aiding and abetting.

"It was the collective actions of everybody in that group that contributed to Markwell's injuries," Villegas said.

Brown now must go to trial on all the charges he faced before accepting the plea agreement: battery with substantially bodily harm and coercion, both felonies, and conspiracy to commit battery, a gross misdemeanor. If convicted of all charges, he could receive a prison sentence in the range of two to 11 years.

Figler contends that prosecutors filed excessive charges against his client, who spent about eight months in jail after surrendering.

The attorney said Brown has been working full time at a car dealership, where he details vehicles, since his release in December. Brown, the father of a young daughter, also has taken parenting classes.

In addition, Figler said, Brown complied with the terms of his plea agreement by testifying truthfully at a co-defendant's trial. Barker scheduled Brown's trial for Nov. 13.