RENO, Nev.
news3lv.com
…Lyon County District Attorney Stephen Rye said in an email to The Associated Press on Friday that he plans to oppose the defense motion but hasn’t yet filed a formal response and anticipates the matter will be discussed at Tuesday’s status hearing in Fernley. Driver remains jailed without bail.
…In Driver’s case, he was arrested after deputies acting on a tip found Irion’s burial site on March 29. She had been shot in the head and forensic evidence at the scene “indicated her body was not moved after death,” the new defense motion states.
“There is no evidence that the suspect had the intent to commit murder and engaged in a preparatory act requisite to the consummation of the murder while in Lyon County,” it said.
“For jurisdiction to be proper in Lyon County, Nevada, the assailant would have had to have kidnaped Ms. Irion in said county with the intent to later murder her. However, the amended criminal complaint does not assert that there existed a simultaneous act and intent of such a degree.”
“Moreover, the state will not be able to prove, by even a preponderance of the evidence that Mr. Driver kidnapped Ms. Irion.”
mynews4.com
