Nevada justices retain death penalty in case of man accused of killing Metro cop

CARSON CITY — A Las Vegas man facing capital punishment in the slaying of a Metro police officer jumped the gun when he asked the courts to strike his death penalty prosecution, the Nevada Supreme Court has ruled.

Justices said the state Legislature has not repealed the death penalty, and a bill passed by the Legislature last year only calls for a study on the costs of the death penalty. “Nothing in the bill expressly or implicitly precludes the state from seeking the death penalty,” they wrote.

The report by state auditors on the costs of death penalty cases is not even due until Jan. 31, 2015.

While inmate Prentice Marshall argued that the study represents a “moratorium” on death penalty cases, justices said that was not in the language of the study bill, Assembly Bill 444.

“Until the Legislature takes some action to eliminate the death penalty, it remains an available sentence for first-degree murder,” justices decided.

Marshall was 18 in February 2009 when police say he and three other young members of the Wood gang killed Las Vegas police officer Trevor Nettleton in the garage of his home in North Las Vegas.

Initially Marshall, who was wounded, denied any involvement in the shooting. Prosecutors have identified him as the shooter. His trial is not expected before summer, or more than 4½ years after the officer was killed.

Nevada has not executed a prisoner since 2006. In 11 of the last 12 executions, prisoners essentially committed state-sanctioned suicide because they had court appeal opportunities remaining.

Contact Capital Bureau Chief Ed Vogel at evogel@reviewjournal.com or 775-687-3901. Follow him on Twitter @edisonvogel.