Death penalty weighed in officer’s death

Clark County prosecutors next month will consider seeking capital punishment for three defendants charged in the Nov. 19 slaying of Las Vegas police officer Trevor Nettleton.

District Attorney David Roger said the office's death penalty committee will meet to determine whether circumstances in the case merit seeking a death sentence for Prentice Marshall, 18, Saul Williams Jr., 20, and Quadrae Scott, 18.

The three are eligible because they were adults when the slaying occurred and there are aggravating circumstances, including allegations of burglary, Roger said.

Adrian Pena, 18, alleged to be the driver of the vehicle used during the shooting, would not be eligible for capital punishment because he was 17 at the time.

The four are charged with multiple felonies including murder with use of a deadly weapon, burglary and conspiracy to commit robbery.

Half-brothers Emmitt Ferguson, 18, and Michael Ferguson, 25, are charged with accessory to murder and conspiracy.

Marshall and the five other men, shackled and dressed in prison garb, appeared Wednesday in District Court before Judge Jennifer Togliatti and pleaded not guilty to the charges.

According to grand jury testimony by North Las Vegas detectives, both Williams and Scott were recorded by police saying they were in a car driven by Pena at the time of the shooting. They both said Marshall was the shooter.

Authorities say Marshall, Pena, Williams and Scott were in Pena's Chevrolet Monte Carlo when they saw the garage door of Nettleton's North Las Vegas home open. Nettleton, who had just finished his patrol shift, was inside.

During an attempted robbery of Nettleton, a gunbattle ensued. Marshall was shot in the testicles and Nettleton was shot and killed by Marshall, police said.

Investigators said Marshall, Williams, Scott and Pena were members or known associates of the Wood hybrid gang. Hybrid gangs are collections of gang members from rival gangs who hang out together.

According to testimony by a Clark County medical examiner, Nettleton was shot once in the chest. At most, Nettleton would have lived a minute or so after receiving the fatal wound, the medical examiner testified.

The Ferguson brothers are accused of trying to cover up evidence related to the slaying, specifically hiding the Glock handgun in the crawl space of an attic in a nearby home, investigators said.

Authorities believe Marshall, Williams, Scott and Pena robbed at gunpoint another man of his iPod and backpack a few blocks from Nettleton's home just before the slaying. So far, only Marshall, Williams and Scott have been charged with that robbery.

Prosecutors said Wednesday that charges against Pena relating to that robbery were pending.

On Wednesday, four of the defendants invoked their right to a speedy trial. Marshall waived his right and Pena had not made a decision yet.

A status check on the case is set for Jan. 6 before Judge David Wall.

All of the defendants remain in custody.

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