Murder defendant arrested on drunken driving charge

The oldest of 10 defendants on trial for the 1998 murder of Sammy Resendiz is back in trouble with the law.

Lew Robert Dutchy, 26, was arrested Tuesday on suspicion of drunken driving, an offense he has been convicted of once before. He was arrested by Washoe Tribal Police at 12:07 a.m. at Curry and Paiute streets in southeast Carson City.

Dutchy's home was within one block of where he was pulled over.

Besides a previous arrest and conviction on drunken driving charges, Dutchy was picked up in December 1998 for violating house arrest. At the time he was drunk with a .122 blood-alcohol level. For hours he had been sought by law enforcement agencies around the area. He admitted the charge and was placed back under house arrest.

The murder case is slowly moving along. Last week lawyers for the defendants met in Judge Michael Griffin's district courtroom to set trial and motion dates. Tentative dates were set for Oct. 23, Nov. 16 and Nov. 17 for motions to be presented to Griffin. The trial is set for three weeks starting March 13 of next year.

Griffin vowed to stay with that date provided a Supreme Court decision is made on an appeal filed by District Attorney Noel Waters. Waters is challenging a decision by former judge Michael Fondi to reduce the charges from first- to second-degree murder.

New District Judge Bill Maddox withdrew as an attorney in the case on Aug. 30. His new judgeship creates a conflict of interest.

The two-year anniversary of Resendiz's death passed Aug. 23 with both family members and defendants awaiting resolution.

Besides Dutchy, the defendants that remain charged with second-degree murder are:

- Michael Lewis Keizer, 16.

- Sylvia Joy Fred, 19.

- Elvin Lee Fred, 18.

- Jaron Malone, 19

- Jessica Renee Evans, 22.

- Frederick Gene Fred, 20.

- Rocky Neil Boice, Jr., 21.

- Clinton Malone, 17.

- Julian C. Contreras, 18.

Defendants Alejandro Jose Avila, 22, and David A. Moyle, 20, were also arrested after the beating. They pleaded guilty to lesser charges and were given probationary sentences.