Tourist testifies he charged at man who stabbed him

Eric Miller was drunk and had spilled a quart of blood.

So, he admitted on the witness stand Wednesday, his memory of being stabbed a dozen times last month in an elevator at The Hotel at Mandalay Bay was a bit foggy.

The California man testified at a preliminary hearing for the two men charged in what prosecutors called an “incredibly violent and brutal” attack.

But defense lawyers for Trent Wilcox, 25, and Carlos Heredia-Avalos, 23, both of Las Vegas, said surveillance video of the stabbing shows their clients were acting in self-defense when Miller charged at them.

After about five hours of testimony, Las Vegas Justice of the Peace Conrad Hafen ruled prosecutors had enough evidence to take the case to trial. He lowered the bail for both men, who were being held on $250,000 bail each at the Clark County Detention Center.

Wilcox and Heredia-Avalos both face charges of attempted murder and battery with substantial bodily harm for the confrontation that happened just before 2 a.m. on Feb. 16.

A key piece of evidence in the case was the surveillance video of the confrontation, which appears to show everyone in the elevator was intoxicated.

Miller’s wife, Diane Androvich, testified a verbal confrontation began because the defendants made fun of her husband’s level of intoxication.

Miller testified he had about 11 drinks, most of them while his wife was attending Pink’s concert, and he was awaiting to sing karaoke at the House of Blues.

Miller recalled his wife arguing with the defendants, and at least one of them called her a whore.

He charged at the two men “because I wasn’t going to take that,” Miller said. He added, “I was angry. My wife was having insults being hurled at her.”

Androvich testified that before the stabbing, she felt intimidated and threatened by the defendants, who were also drunk.

She said she had asked the men to stop talking about her husband, which angered Wilcox.

The inaudible security video of the confrontation and stabbing showed an argument appeared to ensue as Wilcox and Heredia-Avalos reached the 31st floor where they were to attend a birthday party. As both men got off the elevator, Androvich kicked and pushed Wilcox.

Wilcox got back on the elevator. Heredia-Avalos hesitated but returned at Wilcox’s insistence.

The elevator continued to the 33rd floor, where the couple was staying. Wilcox chugged a bottle of liquor until it was empty, and the verbal confrontation continued.

Androvich pushed and kicked Wilcox again as she got off the elevator. Miller stayed on the elevator before his wife pulled him by the arm and he stumbled out.

More comments were exchanged between Wilcox and the wife as the doors of the elevator began to close. She then reopened the doors and said something more to Wilcox.

Her husband charged back into the elevator, where the men had remained, with his hands extended in front of him.

Wilcox put him in a chokehold, and Heredia-Avalos stabbed both Miller and Wilcox multiple times.

Androvich pushed the emergency button and hotel security arrested the suspects.

Miller was treated and released from University Medical Center.

Heredia-Avalos’ lawyer, Monti Levy, said her client was backed into a corner of the elevator and was acting in self-defense when Miller came charging into the elevator. Levy said that Heredia-Avalos was struck in the face by Miller, got a fat lip and was treated at UMC for a small cut.

Wilcox’s lawyer, Martin Hart, asked that all the charges be dismissed against his client. “If being impolite or obnoxious is a crime, a lot of us ought to be doing life,” Hart said.

Prosecutor Colleen Brown said Miller made a “stupid decision” to go back onto the elevator. But she said that Heredia-Avalos had taken out the knife before the stabbing and was holding it above his head when Miller charged in.

Hafen lowered Wilcox’s bail to $40,000 and Heredia-Avalos’ bail to $100,000. They remained in the county jail later Wednesday, records showed.

An arraignment hearing was set for March 19 in District Court.

Contact reporter Francis McCabe at fmccabe@reviewjournal.com or 702-380-1039.