On Monday, Jun. 7, Pershing County’s 11th Judicial Court arraigned Jose Javier Figueroa, 22, for open murder and the unlawful use of a firearm. Judge Jim Shirley presided. Las Vegas attorney Bret Whipple represented the defendant. Figueroa pleaded not guilty to all of the charges.
On Nov. 3, 2020, officers responded to 1150 Main Street and found a man dead from a gunshot wound to the chest. The City of Lovelock Police Department identified him as Joshua McDonald, 39. Officers arrested Figueroa as a suspect on Nov. 4, 2020.
In cases where a defendant is charged with open murder, it’s up to the judge or jury to decide which level of offense occurred. Figueroa faces a wide range of possible outcomes. He is not technically eligible for the death penalty.
If he’s convicted of first-degree murder, Figueroa could get life in prison without the possibility of parole. Alternatively, the judge could opt for life with the possibility of parole after 20 years. Or he could impose 50 years with parole eligibility after 20 years.
Second-degree murder carries penalties of life in prison with the possibility of parole after ten years. If the State proves their case, the judge could also send the defendant to prison for 25 years with a chance at parole after ten.
Neither first nor second-degree murder is probatable.
However, if a jury finds Figueroa guilty of voluntary or involuntary manslaughter, probation is back on the table. Voluntary manslaughter is punishable by one to ten years in prison and fines of up to $10,000. Involuntary manslaughter carries a penalty of one to four years in prison with fines up to $5,000. Both types of manslaughter are probatable offenses.
Figueroa also denied the unlawful use of a firearm, a Category C felony punishable by one to five years in prison and fines of up to $10,000. The judge set the matter for a jury trial Nov. 5 through Nov. 12.
Whipple plans to request a change of venue. Reasons for venue changes typically include pretrial publicity, bias, political atmosphere and any other circumstance that could impede a fair trial.
Other arraignments
Winnemucca lawyer Rendal Miller represented James Brian Anderson against allegations of battery causing substantial bodily harm, a Category C felony. Miller denies the charges. The judge set the trial for Sept. 29, Sept. 30 and Oct. 1. In the meantime, he referred the matter to a settlement hearing.
Tyler Anthony Palmer did not show up for his arraignment. The judge asked DDA Todd Banks to prepare a bench warrant.
