BATTLE MOUNTAIN - Former Battle Mountain resident Alexander Steven King, who pleaded guilty to first degree murder with the use of a deadly weapon, filed a motion at his May 28 sentencing hearing to withdraw his latest guilty plea.
The motion was filed in the Third Judicial District Court in Lyon County before Judge William Rogers, according to the court clerk's office. He had entered his guilty plea on March 4 before Rogers.
Another motion was filed to dismiss his public defender, Wayne Pederson.
The court clerk representative said she was not sure what would happen to the case once the judge rules on both motions. Lyon County District Attorney Robert Auer will have a chance to file arguments before a decision is made by the judge.
The sentencing hearing has not been reset yet and King is currently in the custody of the Nevada prison system.
The latest guilty plea had avoided a jury trial that was scheduled to be held for King March 5 for a four-day span. This is the second time he has filed to withdraw a guilty plea. His first motion 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, according to the district court clerk's office.
He decided to take back his guilty plea for the first degree murder with the use of a deadly weapon charge and the case was remanded back to the justice court.
From there, the case was then sent back to the Third Judicial District Court where it was scheduled for the March 5 jury trial.
According to the Walker River Justice Court clerk's office in Lyon County, King was initially charged with one count of first degree murder with the use of a deadly weapon, one count of burglary with a deadly weapon and one count of being a prohibited person in possession of a firearm.
King was on probation in Lander County when he 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.
A court hearing was held Oct. 9, 2012, for King in Battle Mountain in the Sixth Judicial District Court where he admitted violating four conditions of his probation.
Those conditions were weapons, directives and conduct, laws and a special condition that he had to pay restitution.
King came before Judge Michael Montero, who revoked his probation and sentenced him to his original sentence for two felony burglary charges of 16 to 72 months in prison for count one and 16 to 72 months in prison for count two to run concurrent with credit for 425 days already served.
According to court files in Battle Mountain, King was arrested in Battle Mountain and charged in May 2009 by the Lander County District Attorney's Office with burglary, possession of stolen property, possession of burglary tools, conspiracy to commit burglary and conspiracy to possess stolen property in justice court.
Per a plea agreement, King pleaded guilty to the two burglary charges in district court on July 14, 2009. He was sentenced on May 25, 2010, by Montero.
King also has a juvenile record in Lander County but it is confidential, said Lander County Sheriff Ron Unger.
Before being transferred to the Lander County Jail, King also had his probation revoked in Humboldt County on July 23, 2012, by Montero.
King had pleaded guilty in Humboldt County on April 26, 2010, to assault with a deadly weapon, according to the court clerk's office.[[In-content Ad]]
