Lawyers for the man accused of killing a Fernley 18-year-old are again trying to get the case dismissed on grounds of jurisdiction.
Lawyers for Troy Driver said they were filing the motion on Friday.
They also want to change the venue for the trial.
Driver is accused of kidnapping and killing Naomi Irion last year.
He's been charged with first-degree murder, sexual assault and more in the case.
He's pleaded not guilty.
March 12, 2023:
The Lyon County Sheriff's Office and the Fernley community are paying their respects as Sunday marks the one-year anniversary of Naomi Irion going missing.
The Sheriff's Office says they think of Naomi and her family every day and are asking the community to take a moment of silence in honor of Naomi.
Naomi's sister is also asking the community to wear rainbow colors to support Naomi.
March 6, 2023:
In his latest court appearance, accused killer Troy Driver pleaded not guilty to all counts he is facing in the death of then 18-year-old Naomi Irion.
Driver is charged with first-degree murder, kidnapping, sexual assault, robbery with a deadly weapon, possession of a firearm by a convicted person, burglary of a motor vehicle and destroying evidence.
Driver also waived his right to a speedy trial to give his legal counsel more time to prepare.
Prosecutors say they are seeking that Driver face the death penalty in the case.
While his next court appearance hasn't been set, the State of Nevada and Driver's attorney's will have 10 days to pick a date for his next appearance.
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February 27, 2023 Update:
A scheduled Monday preliminary hearing for accused killer Troy Driver is now happening March 6th.
Driver's February 27th hearing was continued due to snowy weather conditions.
Previously, Driver waived his right to a preliminary hearing.
Driver was found competent to stand trial in early December.
Driver is accused of murdering and kidnapping 18-year-old Naomi Irion of Fernley.
December 5, 2022 Update:
After being found competent to stand trial, accused killer Troy Driver is scheduled to attend a preliminary hearing this upcoming February.
On December 5th, the Fernley Justice Court announced that his preliminary hearing will be February 16 & 17 at 9 a.m.
Driver is accused of murdering and kidnapping 18-year-old Naomi Irion of Fernley.
November 14, 2022 Update:
A Yerington district court has found accused killer Troy Driver competent enough to stand trial.
Driver appeared in court Monday, November 14 on order of a competency hearing.
He's now been ordered back to the Fernley Justice Court for a preliminary hearing. There's no immediate word on when this may be.
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The man accused of kidnapping and killing Naomi Irion of Fernley appeared in court to determine if he is fit enough to stand trial.
The court decided that Driver needed to be evaluated while recommending Lake's Crossing Center in Sparks.
After he is evaluated, they will come back together and review his evaluation.
There was no specific date given on when he will be evaluated or will appear in court again.
September 2, 2022 Update:
A Nevada justice of the peace has canceled this month’s preliminary hearing for a man accused of kidnapping and killing a Fernley teenager until a state judge decides if he’s competent to stand trial.
Troy Driver was scheduled to appear in a justice court in Fernley Sept. 13-15 for a preliminary hearing to determine whether there’s enough evidence to bound him over to Lyon County District Court on murder, kidnapping and other charges in the fatal shooting of 18-year-old Naomi Irion.
Canal Township Justice Court Judge Lori Matheus vacated the hearing in an order on Thursday, along with a Sept. 13 hearing on Driver’s public defenders’ motion to dismiss some of the charges.
The Fernley Justice Court says Driver's competency hearing is set for September 12.
On August 30, Lyon County deputies confirm that accused murderer Troy Driver is still alive despite social media rumors that he's killed himself in jail.
The Lyon County Sheriff's Office addressed the rumor on its official Facebook page on Tuesday.
You can read the statement below -
AUGUST 5, 2022:
A judge has ordered a mental competency hearing for accused murderer Troy Driver, whose lawyers requested an evaluation last month.
Driver's lawyers had requested one out of concern that he may not be able to help in his own defense.
As of now, his preliminary hearing is still scheduled for September 13th, which is the first time he'll appear in court in person.
Driver is accused of kidnapping, sexually assaulting and killing 18-year-old Naomi Irion back in March.
UPDATE: JULY 28, 2022
Defense lawyers for accused murderer Troy Driver have requested a mental competency evaluation. In a filed motion, "the undersigned counsel believes that good cause exists to refer Mr. Driver for an evaluation to determine whether he is competent." They claim that he may not be able to help in his own defense "with a reasonable degree of rational understanding" as requested by Nevada law.
They further request that any future proceedings be suspended until a decision can be made on whether he is allegedly competent to stand trial.
Also, Driver's lawyers have filed to amend the motion to dismiss his murder charge to include the newly filed sexual assault felony charge.
His lawyers also propose that the Court order a modified briefing schedule to include both of these charges concurrently.
UPDATE: JULY 27, 2022
The Fernley Justice Court reports that Troy Driver has waived his right to an arraignment after the district attorney added a charge of sexual assault against him last week.
2 News has also learned that Driver's attorney has until August 2nd to respond to the DA's opposition to a motion to dismiss the murder charge against him
His preliminary hearing is still set for September 13th, which is the first time he'll appear in court in person.
UPDATE: JUNE 21, 2022
The Lyon County District Attorney is asking the judge to oppose a motion from Troy Driver's attorneys to dismiss the murder charge against him.
Driver is accused of murdering and kidnapping 18-year-old Naomi Irion of Fernley.
Defense lawyers argue that Driver shouldn't be tried in Lyon County since investigators found Irion's body in Churchill County.
In the letter to the judge filed Wednesday, the DA argued that the motion does not provide any factual or legal basis for relief.
The district attorney also asked for a sexual assault charge to be added to the murder and kidnapping charges Driver is already facing.
A preliminary hearing is set for September 13th.
That is also the first time Driver will appear in the courtroom in person.
JUNE 5, 2022:
The man suspected of killing Naomi Irion was back in court on Tuesday.
Troy Driver's defense team asked the judge to dismiss his first-degree murder charge.
Driver's attorney says the murder charge should be dropped because the homicide happened in Churchill County arguing that Lyon County doesn't have jurisdiction over that crime.
The prosecution is confident that the case meets the requirements to hold the trial in one venue, including the murder charge.
Driver's evidentiary and preliminary hearings will begin September 13, 2022.
The man accused of kidnapping and killing a woman from Fernley made a quick appearance on Zoom for a status hearing on his case.
The defense asked the pre-trial hearing for Troy Driver to be delayed as they seek more evidence.
The judge agreed to the request and has moved the pre-trial hearing to July 5, 2022.
Troy Driver, accused of killing Naomi Irion, was formally charged with murder and is being held without bail at the Lyon County Jail.
Driver, his defense attorney along with most of the Irion family will be appearing via Zoom.
His arraignment happened Friday, April 8th at a hearing at the Canal Township Justice Court in Fernley. Driver appeared via zoom from Yerington.
The Lyon County District Attorney’s Office says Troy Driver fatally shot Naomi Irion before burying her body in the desert, according to an amended criminal complaint.
Lyon County District Attorney Stephen Rye filed the amended criminal complaint Tuesday adding first-degree murder and other crimes to the kidnapping charge already facing 41-year-old Troy Driver.
Driver is accused of kidnapping Irion from the Fernley Walmart parking lot on March 12, and killing her on or before March 25 - the same day Driver was arrested for kidnapping.
Four days later, authorities say investigators acted on a tip and found her body in a grave near the Churchill County line.
He’s now accused of first-degree murder with the use of a deadly weapon, first-degree kidnapping, robbery, burglary of a motor vehicle and destroying evidence, according to the new complaint Rye filed Tuesday in Canal Township Justice Court in Fernley.
Driver’s public defender, Mario Walther, didn’t immediately respond to a request for comment.
The complaint said Driver shot Irion in Churchill County northeast of Fernley, where he took her “for the purpose of committing sexual assault and/or purpose of killing her.”
The document also alleged that Driver destroyed her cell phone and left pieces in Lyon, Churchill, Pershing, Humboldt and Eureka counties.
The Lyon County Sheriff's Office says Driver shot Irion in the head and chest.
The local community has been rallying around this family since this all started - there are a couple of events this weekend.
Kim Lovett, a Fernley resident says, "For this to happen is a scary thing, that even in our quiet little sleepy town that we have predators out there that would do something like this."
A devastated community that carried hopes of finding Naomi for weeks, and went on countless searches with her family. They said this outcome wasn't one anyone wanted. Some of the resident we spoke with extended their condolences to Naomi's family, and want them to know they are supported.
Tisha Leija, another Fernley resident visibly upset told us, "I can't even imagine... the first thing I thought of was poor mom...poor mom...very sad. "
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The man accused of kidnapping Naomi Irion will stay in Lyon County Jail on $750,000 bondable bail.
41-year-old Troy E. Driver was arrested and booked into the jail last Friday. He's officially now charged with first degree kidnapping, a felony.
"Should the defendant post bail, he will not be released from custody until a GPS monitoring device is installed," Judge Lori Matheus, Canal Township Justice Court said.
The judge set Driver's preliminary hearing for April 12 for 1:30pm.
Irion's family attended the court hearing.
"It does look like they're going to be posting bail, from what I understand, so he's the only one who can help us bring Naomi home," Casey Valley, Irion's brother said. "He's the only one that we know about."
If he does get released from jail, Driver will be ordered to stay out of Fernley. He also must not contact Irion's family.
Driver has a criminal history. According to old articles in the Ukiah Daily Journal, he pleaded guilty to accessory to murder after the fact for his role in a 1997 homicide in Willits, California. He was 17 years old at the time of the murder. The article says Driver stuffed the body of an alleged drug dealer, Paul Steven Rodriguez in a trunk and then left it in a wooded area. The article says he pleaded guilty to three charges of robbery and one of burglary. A judge sentenced him to 15 years in prison but the article said he could have been released after serving 12.
"It is upsetting to me that there is people out here in the general public that have these capabilities with this kind of past and people should be more aware of that," Naomi's brother, Casey Valley, said. "We talk about sex offenders all the time but where is the list with this guy?"
Deputies also announced Friday, March 25th that Driver's Chevy truck was impounded and is being processed for possible evidence.
This photo below, shows the truck being taken into evidence. David Ausano took the picture from his porch in Fallon, the night of March 25, 2022.
Courtesy: David Ausano
A second public search was organized for Saturday, March 26th, 2022 by Naomi's brother, Casey Valley.
In a Facebook post, he asked community members to gather at Love's Travel Stop on Commerce Center Drive in Fernley, Saturday at 10am. Valley says, "this will be the first of a few areas of a concentrated search." He also requested no pets or children.
During the search on March 26th, more than 110 people showed up to help find Naomi. Diana Irion says she's been getting massages from all over the country from people who want to help her family.
Casey Valley tells us, "Today's search covered more ground, if not just as much, as last weekends search."
The #FBI is now offering a reward of up to $10,000 for information leading to the location of Naomi Christine Irion, missing since being abducted from Fernley, Nevada, on March 12, 2022: https://t.co/vAtd8NW961 pic.twitter.com/jbisPzKO2w
— FBI Most Wanted (@FBIMostWanted) March 28, 2022
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On Thursday, March 24th, Lyon County Deputies said they identified a potential witness vehicle and occupant(s) that appears in the Walmart parking lot minutes before Naomi was abducted. They say they've contacted the occupant of the car.
The 4-door sedan enters the east Walmart parking lot at approximately 5:15 a.m. and then drives around the median on the east side before parking at the the southeast corner of the Walmart building.
Police were able to locate the vehicle with help from the public.
Irion was last seen March 12th at the parking lot at the Fernley Walmart. Her car was found a few days later and is undergoing processing for possible evidence.
The Lyon County Sheriff's Office held a press conference on Tuesday, along with Irion's family where again they asked for the public's help in finding her, adding they are getting "hundreds" of tips everyday.
They also mentioned that her car, which was found a few days after her disappearance, is still undergoing processing for any related evidence.
Her family also made another plea for help, with her mother saying, "please save my daughter. Bring her home." Because Irion's possible kidnapping happened near I-80, her mother also said that her daughter could be anywhere in the U.S. by now.
Irion's sister and brother also spoke, mentioning that tips to law enforcement can stay anonymous, if need be. He also said that another search will happen this Saturday.
During the weekend, the Lyon County Sheriff's Office released new surveillance video from the Walmart parking lot where Naomi was reportedly last seen.
The footage shows the suspect standing in front of the Walmart entrance, pacing the east side of the building, before walking toward the front of cars with their headlights on.
Authorities say this footage was recorded minutes before Naomi was abducted.
If you were in the east Walmart parking lot between 4:30 and 5:30 a.m. on March 12th, 2022 and have not been contacted by law enforcement, reach out to the Lyon County Sheriff’s Office, Major Crimes Bureau.
The Lyon County Sheriff’s Office can be reached at 775-463-6620, Secret Witness at (775) 322-4900 or by email at detective@lyon-county.org.
Authorities said a cell phone ping led officers to the Wadsworth area last week.
She was last seen wearing a blue Panasonic company shirt, gray cardigan sweater, gray pants, brown boots and was carrying a black purse. She had an iPhone, Airpods and a fidget spinner.
She is 5’11” tall, weighs about 230 pounds and has green eyes. Her hair is currently dyed black and she has a septum piercing and smiley face tattoo on her right ankle.
On Thursday, March 17th, Lyon County deputies announced that they were working with the Pyramid Lake Police Department and the FBI near Highway 427 in Wadsworth searching for evidence related to the disappearance of Naomi Irion.
They asked the public to stay away from the area as not to damage any evidence.
Her family made a public plea on Thursday for her safe return.
Authorities also thanked the Fernley community for their help. Her family members said that they are in contact with police about the case's progression.
On Friday, supporters gathered at the Round Table Pizza in Fernley to make signs to post around town in hopes of someone recognizing Irion's photo and calling police with information.
The newest released photos show Irion on the morning she was last seen and also include a person of interest.
The investigation now indicates that the suspect may be driving a dark 2020 or newer Chevrolet, 2500, High Country 4-Door Pickup Truck.
Authorities say the forensic evidence collected by investigators show that her disappearance is 'suspicious' in nature and that the driver of the truck "has a direct connection to her disappearance and her current whereabouts."
Previous video surveillance showed that person walking from a nearby 'homeless camp' looking in cars.
The unknown person then gets into the driver's seat of Irion's Mercury Sable and then leaves with her in the passenger seat.
During the course of the investigation, evidence was discovered leading investigators to believe Naomi’s disappearance was suspicious in nature.
Her 1992 blue Sable has a Nevada license plate of 595T37 was located in a industrial park in Fernley and has since been searched and forensically analyzed.
The first vehicle photo with the plate is Naomi's actual vehicle. The second vehicle photo is a stock photo and not her actual car.
If you have any information, contact Lyon County Sheriff's Office with case number 22ly01068 at 775-463-6620, or call or text your anonymous tip to Secret Witness at 775-322-4900.
