An lawyer for a metropolis worker accused of sidesplitting his coworker argued Tuesday that prosecutors bash not person capable grounds to complaint him with burglary.
District Judge Jaqueline Bluth disagreed and denied lawyer Nick Wooldridge’s petition to disregard the burglary complaint against Brysen Kim, 31.
However, Bluth said the burglary complaint would beryllium returned to the expansive jury, wherever Kim would beryllium allowed to attest and contiguous what his lawyer called exculpatory evidence.
Wooldridge wrote successful tribunal documents that connected June 18 Kim had filed announcement of his intent to attest astatine the proceedings, but prosecutors ignored the request. He was indicted a week later.
Kim is accused of fatally shooting Joey McLean, 41, wrong a city-owned attraction gait bureau connected June 12. Kim, who pleaded not guilty, besides faces a execution complaint with the usage of a deadly weapon.
He has been placed connected unpaid leave. City records released successful July amusement the 2 men, some alleging harassment, had been embroiled successful a months-long workplace struggle and repeatedly reported each different to quality resources. The complaints included allegations that McLean had texted Kim aft hours, attacking his religion and marriage.
McLean besides alleged that Kim regularly brought a weapon to work.
Wooldridge argued that the allegation undermined the burglary charge.
Under Nevada law, a suspect indispensable person intended to perpetrate a felony erstwhile entering a determination to beryllium charged with burglary. Wooldridge said Kim did not mean to termination McLean erstwhile helium entered the bureau and that simply possessing a weapon does not, by itself, found that intent.
“This is simply a antheral who ever carries a gun, similar a batch of radical successful this town. There’s thing incorrect with that,” Wooldridge said. “There’s nary grounds of Mr. Kim concocting a program oregon thing similar that. This was a spontaneous event.”
The city’s argumentation states that firearms are prohibited astatine work, but for employees whose roles necessitate carrying, specified arsenic metropolis marshals, oregon those with sheriff-issued concealed-carry permits.
Deputy District Attorney Morgan Thomas said determination was nary grounds presented to the expansive assemblage that showed Kim ever brought a firearm to work, but alternatively that determination was 1 anterior incidental successful which helium had near a weapon successful the bathroom.
She did not entity to bringing the lawsuit backmost to the expansive jury.
After the hearing, Wooldridge said helium did not cognize precisely erstwhile the adjacent expansive assemblage proceeding, which are held successful private, would happen. Court records amusement that Kim is owed successful tribunal again connected Oct. 6.
Contact Akiya Dillon astatine adillon@reviewjournal.
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