BATTLE MOUNTAIN - A hearing that was supposed to be held July 29 for a former Battle Mountain man, who is a murder suspect, never went through because of a new motion filed by the state.
According to the Third Judicial District Court clerk's office in Lyon County, a motion was filed July 9 to disqualify Judge William Rogers from Alexander Steven King's murder case.
This caused the cancellation of a July 29 court hearing at which Rogers was supposed to rule on whether or not King could withdraw his guilty plea for the second time.
Judge Leon Aberasturi, with the Third Judicial District Court, presided over an Aug. 9 hearing to decide whether or not to disqualify Rogers.
King's attorney, public defender Paul Yohey, informed the court that King wants a judge outside of the Third Judicial District to rule on whether or not Rogers should be disqualified.
King does not want Rogers disqualified, according to court files. It was not clear in the court records why the state wants Rogers to be disqualified.
Aberasturi requested that a senior judge be appointed by the Nevada Supreme Court to rule on the motion to disqualify the judge, according to the clerk's office, which is currently waiting to hear back from the Nevada Supreme Court on what judge will be appointed. After that, the case will be set for another hearing.
King currently wants to withdraw his guilty plea for first degree murder with the use of a deadly weapon, according to the 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.
Lyon County District Attorney Robert Auer filed an opposition to King withdrawing his latest guilty plea, it states in court records.
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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