Las Vegas Sun

By Dave Toplikar

Thu, Jul 14, 2011 (11:23 a.m.)

The attorney for a 16-year-old boy accused of murder for taking part in the October robbery, beating and eventual death of an El Dorado High School teacher told a Las Vegas judge today he would be trying to get the boy’s lengthy confession suppressed.

Daniel Carrillo, one of six defendants charged with murder and multiple felonies in the death of Timothy VanDerbosch, a 50-year-old physics and chemistry teacher, is scheduled to stand trial before a jury beginning at 10:30 a.m. July 26.

VanDerbosch died Oct. 20, 2010, after he was allegedly chased, robbed, beaten into unconsciousness and run over by a truck while he was walking to Eldorado High School.

The indictment alleges VanDerbosch was robbed using a firearm and/or a knife and hit and/or kicked in the head and body, causing him to fall into the road, where he was fatally struck by a truck. He died at University Medical Center.

During a pre-trial hearing today before Judge Jennifer Togliatti, Carrillo’s attorney, Craig Drummond, told the judge he planned to file a motion to suppress Carrillo’s lengthy statement to police, which Drummond said was given before the boy was read his rights.

Togliatti plans to hear Drummond's motion to suppress Carrillo's statements at 1:30 p.m. July 25.

Chief Deputy District Attorney Robert Daskas said Metro Detective Todd Williams will be brought in to testify about Carrillo’s statement and about how similar police interviews are conducted.

Drummond said he also intended to file a motion to have the use of the terms "teacher" and "on his way to school" limited throughout the trial, including in the prosecution's opening and closing statements to the jury.

"Another motion would be to prevent the state from 'sandbagging' during their closing argument," Drummond said. That term was defined by the U.S. Supreme Court as not using an issue on their main closing argument, but saving it for their rebuttal closing argument, he said.

Jury selection is expected to begin Tuesday, July 26, with opening statement expected by Wednesday. Daskas told the judge that prosecutors would call about 20 witnesses, which would take about four or five days.

Carrillo was among six defendants indicted by a grand jury on 24 felony counts in connection with VanDerbosch’s death and with the robberies and beatings of other victims.

Marison Diaz, 16, another defendant whose trial was to have begun Monday, is apparently working out a plea agreement with the district attorney’s office. Her trial date was canceled and a status check for her to possibly change her plea was set Wednesday for 9 a.m. Aug. 29.

The other defendants have all asked to be tried separately.

Marcos Coronel Castrejon, 20, will have his trial at 10:30 a.m. Sept. 6, while Bridget Lugo, 20, will have her jury trial at 10:30 a.m. Dec. 5.

The two defendants facing the death penalty will go last: Saul Farvela, 19, will have his trial at 10:30 a.m. March 5, 2012, and David Rosas, 20, will have his trial at 10:30 a.m. April 9 2012.

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