Reno Gazette-Journal from Reno, Nevada • Page 3

Friday, July 26, 1996 3A igh court reinstates charges against Mid 7 Reno Gazette-Journal dleton Timko and Phil Barber 3 Um Feb. 23, 1995: Reno police arrest Middleton on charge of ex-felon in possession of a firearm, two hours after he had registered with them as a convicted felon. April 9, 1995: Davila's skeleton found in a Verdi meadow. April 11-14, 1995: Colorado police interview Middleton in Reno in connection with three unsolved disappearances in that state in 1 993 and 1994, when Middleton was known to have lived there. Police said one of the victims, Buffy Rice, was last seen alive in 1994 getting into Haley's car.

April 21, 1995: Washoe County law enforcement agencies form a task force to investigate the deaths of two Reno women and a Sparks woman, who had all disappeared in the previous nine months. May 17, 1995: Washoe District Judge Peter Breen sentences Middleton to a year in jail on the gun charge. 1981: Metro-Dade police in Miami hire David S. Middleton as officer. December 1991: Middleton sentenced to five years in prison in Dade County, for false imprisonment with intent to commit aggravated battery on a woman.

1993: Released from prison. May to August 1994: Middleton believed to have arrived in Reno with companion, Evonne lone Haley. August 1 994: Casino worker Thelma A. Davila, 42, of Sparks reported missing. Feb.

7, 1995: Sun Valley Elementary School officials file missing person report for teacher Katherine Powell, 45. Feb. 11, 1995: At 10:30 p.m., a homeless person finds Powell in a trash bin in a parking lot behind 2450 Lymbery St. Feb. 22: Coroner says partial toxicology reports from Las Vegas laboratory do not reveal a cause of death for Powell.

District Attorney's Office that the Washoe County Public Defender has a conflict of interest in representing Middleton because it also represents Haley in a drug case. Jan. 17, 1996: Private lawyer Fred Pinkerton appointed to replace the public defender. In light of the Supreme Court's ruling in the Frutiger case, Pinkerton eventually asks Breen to reconsider writ of habeas corpus and dismiss murder charges. April 29, 1996: Jury convicts Haley of using Powell's credit card to buy stereo equipment.

May 31 1 996: Judge Deborah Agosti sentences Haley to seven years in prison. June 6, 1996: Judge Peter Breen grants writ of habeas corpus and dismisses murder charges against Middleton. July 25, 1996: Nevada Supreme Court reverses Breen, reinstates murder charges. Staffreports June 22, 1 995: Middleton formally charged with the murders of Davila and Powell. July 14, 1995: A preliminary hearing to determine if there is enough evidence for the murder charges against Middleton to proceed begins in Reno Justine Court.

July 19, 1995: Justice of the Peace Fidel Salcedo binds over Middleton to Washoe District Court on charges he murdered Davila and Powell. Oct. 18, 1995: Breen rejects Middleton's writ of habeas corpus to have the murder charges dismissed. Nov. 30, 1995: The Nevada Supreme Court reverses the murder conviction of Clinton Frutiger.

Although unrelated to the Middleton case, it was frequently a reference point. The Supreme Court ruled there was not enough evidence the woman Frutiger was accused of killing died as the result of a criminal act. Jan. 6, 1996: Breen agrees with arguments by the Washoe County By Steve RENO GAZETTE-JOURNAL An ex-Miami cop could stand trial next year on charges of killing two local women after the Nevada Supreme Court reinstated murder charges Thursday. A district judge dismissed two murder charges against David Stephen Middleton, 35, in June, based on his reading of a Supreme Court decision in an unrelated murder case in November.

That case hinged on a lack of a clear determination of cause of death. The Washoe County district attorney's office appealed and, with speed that surprised prosecutors, the Supreme Court voted unanimously to reinstate the murder charges. A happy District Attorney Richard Gammick and Chief Deputy District Attorney David Stanton who is prosecuting the case announced the decision during a news conference Thursday. "We're back in business," Stanton said. "It's rock and roll time," Gammick said.

Middleton pleaded innocent to charges he killed Sun Valley Elementary School teacher Katherine Powell in February 1995 and Circus Circus employee Thelma Amparo Davila, whose skeletal remains were found in April 1995. Middleton lawyer Fred Pinkerton expects the case, in which his client could face the death penalty, won't go to trial this year. "I try not to react emotionally to been almost a year and a half now since Kathy was murdered and it's going to take a long time to get through a trial, but we'd like to get that started." The news was also good for Walt and Bonnie Rice, Colorado parents who believe Middleton murdered their daughter, Buffy, in Colorado. er found no cause of death for Davila or Powell. Without proof of a criminal act, there's not enough evidence for the case to proceed to trial.

The Supreme Court said each case much be decided on its own set of facts. In the charges against Middleton, the judge can consider that the women were dumped in places remote from their homes, were tied with a rope, wrapp'ed'in garbage bags and that Powell waf bitten severely. Pinkerton noted prosecutors must Florida woman thankful charges were reinstated Davila Powell "I think it's the right thing to do to have a case like ours presented to a jury. Jeff Powell brother of Katherine Powell these things," Pinkerton said. "It's not a matter of being disappointed or not disappointed.

My own reaction is that the Supreme Court's decision is its decision and just to go to work." Washoe District Court Judge Peter Brecn tossed out the murder charges June 6. Brecn had denied an earlier request to dismiss the murder charges, but changed his mind after the Supreme Court's decision in November that dismissed a murder conviction against Clinton Frutiger. As Breen read the Frutiger decision, the judge must look only at evidence on the victim's body to determine if a death occurred as a result of a criminal act. A medical examin- "I feel a little bit more at The man could just walk away from it." Alicia Cosme attacked it age 16 practically walked away from what he did to me. It's really scary if you think about it." Middleton has pleaded innocent to charges he killed two women in Washoe County.

Police consider him a suspect in the disappearance and death of a Colorado woman. Cosme has some guilt pangs when she talks about these women. "It made me feel that by saying something (about what Middleton did to her), the next person was not as lucky as I was. I was really fortunate I walked away from it," post office in New Mexico several mobile homes. State police said there were several injuries, but they couldn give a specific number.

Some were taken toa hospital in Raton, about 60 miles east. Cosme said. "I said something. I got him in trouble. He lost his job here in Miami.

He wasn't going to take the chance of letting someone else go," she said. In September 1990, Cosme said, she was standing on a street in Miami waiting for a friend. Middle-ton pulled out from behind a trash bin in a patrol He told her she was out past curfew and could get her parents in trouble, she said. He handcuffed her and said he was taking her to a juvenile-detention center. "I wasn't aware that I had to be cautious with this man," she said.

"He had a uniform on. I was supposed to respect him. And that's what I did." They drove south to near an area with what seemed to be Army trucks. Then Middleton drove into a grassy area. She pleaded for him to let her go.

"He kept telling me to shut up," Cosme said. "He just kept telling 50 70'o OFF ALL PATIO SETS 50 OFF ALL UMBRELLAS ACCESSORIES 30 OFF BBQ'S HAMMOCKS 40 OFF P0LLYW00D Limited to Stock on Hand 660 Greenbrae in Sparks 356-9333 Closed Sun Mon By Steve Timko RENO GAZETTE-JOURNAL When the Nevada Supreme Court reinstated murder charges Thursday against David S. Middleton, a sigh of relief came all the way from Florida. Alicia Cosme was 1 6 years old in 1990 when she said Middleton, wearing his Metro-Dade police uniform and driving a police car, handcuffed her and raped her. A Miami jury deadlocked on convicting the police officer of rape but convicted Middleton of false imprisonment.

As part of a subsequent plea bargain, prosecutors dropped the rape charge and Middleton pleaded guilty to battery. "I feel a little bit more at ease," Cosme said after learning Nevada murder charges were reinstated. "I was a little bit edgy when I found out they could drop the charges," she said. "The man could just walk away from it. He Tornado demolishes bank, CIMARRON, N.M.

(AP) A tornado tore through this northern New Mexico town Thursday, demolishing a bank, a post office and a beauty salon as well as flipping SZ, Innovative Chinese Cuisine Served I iPY 20 OFF Any dinner order (sit down or take out, not Including delivery) 'with this ad. See our menu in the new 5089 S. McCarron, Smlthrtdge Plaza 1 1 I I still prove to a jury beyond a reasonable doubt that Powell and Davila died from a criminal act. Jeff Powell, Katherine Powell's brother, said he and his mother were happy with Thursday's ruling. "I think it's the right thing to do to have a caseikehpurs and Thelma's presented to a jury," Jeff Powell said in an interview from his California horrte.

hoping that things get back on track so we can get to trial as quickly as possible," he added. "It's me to shut up." After he had sex with her, Cosme said, Middleton unlocked the police car door. "He said, 'You can run now. I don't "He didn't really say anything to me after that," she said. "All he kept talking to me was about his daughter andhisfamily." He eventually drove her to near her home.

Cosme is angered by comments attributed to Public Defender Mike Specchio, Middleton's former lawyer. One article sent to her quoted Specchio as saying: "People just assume just because she (Katherine Powell) was a stiff in a garbage can, she must have been killed." "That was totally uncalled for," Cosme said. "If he had spoken to me, I could have told him exactly what that man is capable of do ing. Specchio could not be reached for comment. In An Upscale Atmosphere FREE DELIVERY office or residential Mins15order Within 7 miles of restaurant 11 'with this ad yellow pages 827-0222 (across from pi One) Expires 83196 Questions? you have a question about the accuracy of a new sstory.

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publisher reserves the right to change subscription during the term of a subscription upon 28 days notice. This notice may be by mail to the subscriber, by contained in the newspaper itself, or otherwise. Subscription rate changes may be implemented by changing the duration of the subscription. Want to advertise? Classified 322-2337 Display 788-6241 CARE SPECIALS 789-1707 COMPLETE CONTACT 390 She was last seen getting into a car with Middleton's girlfriend, Evonne lone Haley. Buffy Rice and Haley worked together.

Middleton has not been charged in that case. "I believ it's just a matter of time before David Middleton is convicted of the crimes he has committed," Walt Rice said. Dale Brown 1 a i Goebel W. Goebel Porcellanfabnk tons nwtMIMollllMllPtillllMAtaw. Brnwouit fc u0 0 HFWfS.

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