Found Deceased NV - Naomi Irion, 18, kidnapped from pkg lot, car fnd, Fernley, 12 Mar 2022 *Arrest* #4

Turkeytrot

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legalmomma

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LYON COUNTY, Nev. (News 4 & Fox 11) — The defense team for Troy Driver, the man accused of kidnapping and killing Naomi Irion in March, filed a motion to dismiss on June 29.

The motion states that the homicide took place in Churchill County, not Lyon County, making Churchill County the proper venue.
 

legalmomma

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…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.”
 

kaen

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He won't. This is just an argument regarding the proper jurisdiction. They have him dead to rights.

I agree he won't go free. I would rather have them argue about jurisdiction before any further proceedings. It is the same as the murder of Gannon--- let the motions happen and make sure the trial is fair. It will be costly to have to start again if the evidence shows a different jurisdiction. Better to find out now.

After they are found guilty, there will be no ability to argue any issues or improprieties about the conviction.... I am all for making sure things are done right. Justice for Naomi might be slow coming but it will be fair and, most likely, a conviction.

Oh, and how does he know which county she died in? Ah, yes. I forgot he was the killer so of course he knows the paperwork and charges are for the wrong county.
 

Murphy1950

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legalmomma

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Oh, and how does he know which county she died in? Ah, yes. I forgot he was the killer so of course he knows the paperwork and charges are for the wrong county.
this is the motion to dismiss and on pg 5 lines 9 - 19 they allege the Churchill County sheriff report stated the lividity indicated she wasn't moved after death- and that she was killed in Churchill County.
 

Shamrock1

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I just don't understand why this detail wasn't settled before even attempting to schedule a trial!

I’m behind on this case and I’m not a NV attorney. Generally, every case is assigned to a certain track (commercial, landlord/tenant, major jury, etc.) with general timelines; these timelines typically include discovery deadlines, pre-trial motion deadlines, and a trial date. The trial date would have been set soon after the case was filed, and has nothing to do with specifics of the case itself. (These dates get changed all the time; I’ve never had a single civil case actually adhere to the schedule set at the time a lawsuit is filed.)
 

mickey2942

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Naomi's sister moved to Nevada, just to be there for the trial.

"I'm glad to be here and be close to everything," said Irion's older sister, Tamara Cartwright. She moved from Houston to Nevada in the wake of her little Naomi's death.

Heart breaking that she has moved her life to Nevada, to deal with this trial. It could go on for years, depending on continuances. The defendant here, has nothing to lose by dragging this out. He already knows this. He will probably obfuscate the legal process and system every which way he can...as evidenced by this stall, for charges to be placed in another county.
 

BeckyF

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Troy Driver now accused of raping Naomi.


FERNLEY, Nev. (KOLO) -JULY 20 UPDATE: The man accused of killing Naomi Irion is now charged with sexually assaulting her.

The Lyon County District Attorney’s Office on Wednesday filed amended charges against Troy Driver in justice court in Fernley that now include sexual assault and being an ex-felon in possession of a gun.

That is in addition to charges of murder, robbery and kidnapping filed earlier.

Irion disappeared from a Fernley parking lot on March 12 and was found in northern Churchill County on March 25.
 
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