Dyers get delay, offer of deal

District Judge Joseph Pavlikowski granted an extension of time last week to defense attorneys for former Public Administrator Bob "Red" Dyer and his wife, former Deputy Public Administrator Genie Dyer, for their trial date, from Sept. 10 to Nov. 13.

Red Dyer was public administrator from January 1999 until he was recalled in January 2000. He and his wife are accused of 16 counts of theft, four counts of misconduct of a public officer, as well as insurance fraud, forgery and assault with a deadly weapon.

While the defense attorneys requested a delay to March 2002 to get records from the Dyers' former attorney, Ted Marshall, the prosecution is also interested in investigating more theft charges against the Dyers, court testimony states. But while the state is talking about pursing additional charges, the district attorney's office is also offering the Dyers a plea bargain.

A June 28 letter from Nye County Chief Felony Prosecutor Kirk Vitto to the Dyers' attorneys states: "The damage caused by your clients is virtually inestimable in its impact upon the lives and economy of Nye County. However, in an effort to stave off further cost in the form of a lengthy, complicated jury trial, the following offer of negotiation is made."

Vitto then suggests the Dyers plead guilty to four of the 30 counts -- a theft count involving a trailer belonging to Donald Murray; a forgery count involving the title to Murray's trailer; a perjury count for falsely stating there was no will in a case where executor Lester Strickler said there was a will; and insurance fraud, for presenting false information to obtain an insurance claim over the Tyrone Bauwens estate.

"In exchange for these pleas, the state will dismiss all outstanding counts and consider this prosecution completed. Should new charges arise, they will be decided on their own merit, without considering this agreement. I am currently unaware of anything that would not be included in this agreement," Vitto's letter states.

The state would be free to argue for any permissible sentence, including consecutive sentences. But Vitto adds, "It is not unrealistic to think that with this negotiation, although the maximum exposure is 22 years, your clients could find themselves before the parole board in 48 months."

The state won't request a fine, but will request each defendant be jointly and severally liable for the cost of representation including investigation, payable to Nye County, Vitto wrote.

"The state will forego filing an additional half-dozen or so complaints we are currently contemplating and a half dozen ex-felon in possession of firearms charges that we are actively investigating. The court documents from California pertaining to Mrs. Dyers' felony conviction are forthcoming," Vitto wrote.

"This offer is made in an effort to minimize cost to the county and inconvenience to the witnesses whose number is growing daily. Should the defendants force a trial and be convicted, the state will leave no stone unturned in every effort to make sure that each of them spends their very last day in prison," Vitto wrote.

He concluded, "I have no doubt whatsoever that with the knowledge we have gained regarding your clients' criminal history, the sentencing court will give them the maximum and run each sentence consecutive, without a negotiation."

Nye County District Attorney Bob Beckett and Bob Dyer's court-appointed attorney Martin Hastings said they couldn't comment on any settlement offers. Genie Dyer's court-appointed attorney Andrew Myers was unavailable for comment.

In arguing for the extension of time, Myers said the Dyer's former attorney, Ted Marshall, refused to hand over records. An order to show cause is being prepared to force Marshall to relinquish any documents in his possession, Myers states in a motion filed July 2. Myers states it's highly probable Marshall himself may become a witness in the trial.

Another reason for the delay is the amount of investigation required in this complicated case, Myers states. The defense has an investigator, a retired U.S. Drug Enforcement Administration agent, working two days per week on the case, he said. Myers estimates there will probably be 150 witnesses to be interviewed, many of them live out of state.

In court testimony July 16, Hastings objected to holding court in a temporary building -- district court is being held in a former 99 Cent store on Loop Road, while the Nye County Courthouse is being cleared of a mold problem. Pavlikowski agreed and said if the courthouse problem isn't fixed by November, the trial will be heard in another location. If that's the case, Beckett said Judge Pavlikowski plans to have the trial in Las Vegas.