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Craig Titus & Kelly Ryan Investigation » Blog Archive » Notes from The Sentencing

Notes from The Sentencing

Below are the notes from the sentencing last week. Will Titus revoke his guilty plea and head to trial? How will this play into the charges that Kelly plead guilty? Just when you thought it was all over…

SENTENCING (TITUS & RYAN)

As to DEFT. TITUS: Court noted on 5/30/08 and after many hours of negotiations in the courtroom with everyone present, the Court accepted defendant’s plea. However, it has concerns whether the plea was freely and voluntarily given because, on the following Monday after the plea, defendant Titus gave an interview to two news stations in which Titus said the Second Degree Murder didn’t happen and that the crimes alleged did not occur. Mr. Saggese stated defendant Titus’s concern is with the language contained in the original charges but Titus accepts the language in the Second Degree Murder. Following a thorough canvass on all three charges, defendant Titus acknowledged he freely and voluntary pled guilty to the Second Degree Murder, First Degree Kidnapping and First Degree Arson. Colloquy. Mr. Daskas stated he is satisfied. DEFENDANT TITUS ADJUDGED GUILTY of COUNT 1 - SECOND DEGREE MURDER (F), COUNT 2 - FIRST DEGREE KIDNAPPING (F) and COUNT 3 - FIRST DEGREE ARSON (F).

Arguments by Mr. Daskas, Mr. Tomsheck and Mr. Cristalli.

DEFENDANT RYAN ADJUDGED GUILTY of COUNT 1 - BATTERY WITH USE OF A DEADLY WEAPON RESULTING IN SUBSTANTIAL BODILY HARM (F) and COUNT 2 - FIRST DEGREE ARSON (F). Argument by Mr. Saggese.

Statements by defendants. Maura James, SWORN and made a victim impact statement to the Court.

As to DEFT. TITUS: COURT ORDERED, in addition to the $25 Administrative Assessment Fee, $2,656.44 Extradition Fees, $8,318.29 Restitution (jointly and severally with co-defendant) and $150 DNA Analysis Fee, deft. SENTENCED as follows:

COUNT 1 - to a MINIMUM term of TEN (10) YEARS and a MAXIMUM term of TWENTY-FIVE (25) YEARS in the NEVADA DEPARTMENT OF CORRECTIONS;

COUNT 2 - to a MINIMUM term of FIVE (5) YEARS and a MAXIMUM term of FIFTEEN (15) YEARS in the NEVADA DEPARTMENT OF CORRECTIONS CONSECUTIVE to COUNT 1; and

COUNT 3 - to a MINIMUM term of SEVENTY-TWO (72) MONTHS and a MAXIMUM term of ONE HUNDRED EIGHTY (180) MONTHS in the NEVADA DEPARTMENT OF CORRECTIONS CONSECUTIVE to COUNT 2 with NINE HUNDRED THIRTY-SEVEN (937) DAYS credit for time served.

Mr. Saggese objected to the sentence on Count 3 arguing that during the negotiation process, the Court told him it would impose a minimum of 17. Response by Mr. Daskas. Following a conference in Chambers, Court NOTED there is a discrepancy in everyone’s recollection of the discussions reference Count 3, it intends to look at the transcripts of this proceeding as well as of the plea; however, ORDERED, SENTENCE STANDS and Mr. Saggese is encouraged to speak with his client regarding the consequences of withdrawing his plea and facing the original charges.

As to DEFT. RYAN: COURT ORDERED, in addition to the $25 Administrative Assessment Fee, $1,642.77 Extradition Fees, $8,318.29 Restitution (jointly and severally with co-defendant) and $150 DNA Analysis Fee, deft. SENTENCED as follows:

COUNT 1 - to a MINIMUM term of THIRTY-SIX (36) MONTHS and a MAXIMUM term of ONE HUNDRED FIFTY-SIX (156) MONTHS in the NEVADA DEPARTMENT OF CORRECTIONS; and

COUNT 2 - to a MINIMUM term of THIRTY-SIX (36) MONTHS and a MAXIMUM term of ONE HUNDRED FIFTY-SIX (156) MONTHS in the NEVADA DEPARTMENT OF CORRECTIONS CONSECUTIVE to COUNT 1 with NINE HUNDRED THIRTY-NINE (939) DAYS credit for time served.

BONDS, if any, EXONERATED.

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