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Teen suspects plead not guilty to murder charges in fatal hit-and-run

Updated October 11, 2023 - 12:29 pm

Two teenagers accused of killing a retired police chief in an August hit-and-run pleaded not guilty on Wednesday to murder and more than a dozen other charges.

A grand jury indicted Jesus Ayala, 18, and Jzamir Keys, 16, last week on charges of murder, attempted murder, two counts of failing to stop at the scene of a crash, two counts of battery, residential burglary, three counts of grand larceny of a vehicle and three counts of possession of a stolen vehicle. Ayala faces an additional count of possession of burglary tools, court records show.

“As to those charges how do you plead, guilty or not guilty?” District Judge Tierra Jones asked during the arraignment hearing on Wednesday.

“Not guilty,” Ayala replied.

Both teens waived their right to a trial within 60 days after entering the not guilty plea.

Ayala is accused of ramming a stolen vehicle into 66-year-old Andreas Probst as he rode his bicycle on Tenaya Way, near Centennial Parkway. Keys filmed a disturbing video of the two teenagers laughing and planning to hit Probst, who was a retired police chief from Bell, California, police have said.

The two teens are also accused of filming themselves intentionally hitting a 72-year-old man riding his bicycle earlier that morning. They also hit another vehicle minutes before ramming into Probst, police have said.

Ayala’s attorney, Chief Deputy Public Defender David Westbrook, told the judge Wednesday that prosecutors did not fulfill his request to be informed when the grand jury hearings were being held, but he confirmed that he was served a Marcum notice, which prosecutors use to reserve the right to bring a case to a grand jury.

After the hearing, Westbrook said Ayala could have chosen to testify during the grand jury proceedings, although defense attorneys cannot participate.

“I found out there was an indictment from the media,” Westbrook told the judge. “The reason I bring that up is because, frankly, I’ve seen the district attorney on TV more than Jimmy Fallon lately, and I’m concerned about trial publicity.”

Westbrook said that he does not want prosecutors trying the case in the media, which could affect the jury selection process. He also asked the judge to caution prosecutors about their public statements.

The judge told Westbrook that he needed to file a written motion before she considered the matter.

“I’m not going to respond to any of that at this time, as that was all an oral request,” Jones said.

Chief Deputy District Attorney John Giordani said that he was only required to serve the Marcum notice to Westbrook.

“I’ve followed all the rules and responsibilities that are required of me,” he said.

Clark County District Attorney Steve Wolfson declined to comment after Wednesday’s hearing.

The judge ordered Ayala and Keys to appear in court again on Oct. 24. They remained in the Clark County Detention Center on Wednesday without bail.

Contact Katelyn Newberg at knewberg@reviewjournal.com or 702-383-0240.

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