BATTLE MOUNTAIN - A hearing will be held in the Third Judicial District Court in Lyon County on July 29 at 9 a.m. to decide whether or not former Battle Mountain resident Alexander Steven King can withdraw his guilty plea for first degree murder with the use of a deadly weapon, according to the district court clerk's office.
He pleaded guilty on March 4 and then a motion was filed at his May 28 sentencing hearing to withdraw the guilty plea.
This is the second time a motion has been filed for King to withdraw a guilty plea. The determination to accept his latest withdrawal will be made by Judge William Rogers, according to the district court clerk's office.
Lyon County District Attorney Robert Auer filed an opposition to King withdrawing his latest guilty plea, according to court records.
A motion was also filed May 28 to have King's public defender, Wayne Pederson, dismissed. On June 24, before the judge could rule on that motion, Pederson filed a motion to be dismissed from the case. That was granted and King has now been assigned to public defender Paul Yohey.
The first motion to withdraw his guilty plea was granted in 2011, according to court files. King had originally pleaded guilty per plea agreement June 6, 2011, in the Third Judicial District Court to first degree murder with the use of a deadly weapon.
He decided to take back his guilty plea and the case was remanded back to the justice court at that time.
From there, the case was then sent back to the Third Judicial District Court where it was scheduled for a March 5 jury trial, which was canceled after he decided to plead guilty a second time.
King allegedly shot and killed Silver Springs resident Stewart Gardner, 18, on Jan. 3, 2011.
According to the Associated Press, Gardner interrupted King as King was allegedly burglarizing Gardner's residence. Gardner pursued King down the street, at which point King allegedly shot the man. Gardner died later at a Reno hospital.
King was on probation in Lander and Humboldt counties when he allegedly shot Gardner. His probation has since been revoked in both counties. He is currently in the custody of the Nevada prison system.
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