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Judge rules Erich Nowsch’s guilty plea to murder will stand

A Clark County District Court judge ruled Friday that Erich Nowsch’s guilty plea to a murder charge will stand.

Nowsch, 21, pleaded guilty in March to second-degree murder with use of a deadly weapon, but filed a motion about a month later to have that plea thrown out.

Now prosecutors say issues that Nowsch raised during the dispute over his plea may work against him when he is sentenced later in December.

Prosecutors have said Nowsch fired 24 shots as a passenger in a silver Audi, striking Tammy Meyers in the head on Feb. 12, 2015, in front of her northwest valley home. She died two days later.

Derrick Andrews, 28, was behind the wheel of the Audi. He also pleaded guilty in March to a charge of voluntary manslaughter. He has not contested his plea, but that deal was tied to Nowsch’s, which has delayed Andrews’ sentencing.

The shooting was initially attributed to “road rage,” and the case garnered national attention.

Nowsch and his legal team argued at Friday’s hearing that Nowsch did not understand the deal he had struck because of lifelong mental health issues and a lack of educational capacity. Nowsch said he did not have access to discovery materials and was pressured into taking the deal.

Prosecutors argued that Nowsch was an “abject liar” trying to game the system to avoid a stiff prison sentence. A second-degree murder charge carries a sentence of 10 to 20 years or 10 years to life in prison. And a deadly weapon enhancement adds a consecutive 10-year sentence.

Nowsch wilted, hanging his head, as it became clear that District Judge Michael Villani was ruling against him. The judge refuted the idea that Nowsch’s former attorney was inadequate and said he found the lawyer — Augustus Claus, who testified at length at the hearing — especially credible.

“The resolution of the case, especially before the holidays, gives a considerable amount of solace to the Meyers family, which they deserve,” Chief Deputy District Attorney David Stanton said after the hearing.

The prosecutor told reporters that Nowsch’s mental health records, which were introduced as part of his motion to overturn the guilty plea, may actually lead to a stiffer sentence down the road. Those records will likely show that Nowsch has had homicidal tendencies for years, which would make him a greater threat to the public.

“I think those records concretely support a life sentence in this case,” Stanton said.

Attorney Sam Schwartz spoke on behalf of the family and said that Nowsch only showed remorse for the fact that he was going to prison.

“The family is relieved that the court came to the right conclusion today,” he said.

Contact Wesley Juhl at wjuhl@reviewjournal.com and 702-383-0391. Follow @WesJuhl on Twitter.

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