A second trial is moving forward for the man accused of shooting and killing a rival biker club member at the Sparks Nugget in 2011.
The Nevada Supreme Court overturned the murder conviction for Ernesto Gonzalez, and now a new trial is about to get started, once the prosecution and defense can settle a small dispute.
In a preliminary hearing Thursday, the prosecution raised a dispute about the choice of legal counsel for Ernesto Gonzalez. The defendant has retained defense attorney David Houston for this trial. But District Attorney Chris Hicks told Channel 2 that he has concerns about that decision.
Hicks said that Houston was brought on for the end of Gonzalez' last trial, and that ended up costing Washoe County more than $250,000 in legal fees. Hicks said Houston was supposed to be hired as private counsel, paid for by Gonzalez, but never received the money, and ended up filing what's called a "Widdis Motion." That basically allows a private attorney to be paid for with public money if the public defender is unable to continue without that expert help.
Hicks said his office wants to make sure that this situation doesn't happen again and cost the taxpayers unnecessary money.
But David Houston said after the hearing that he doesn't buy the DA's reasoning. He said the dispute is all a way for the DA's office to choose its opponent. And he said if it comes down to money, he'll do it for free.
Judge Connie Steinheimer ordered Houston to draw up a retainer agreement, which she will review before the trial can move forward. She has not set a date for any other future hearings at this point.
