David Killen's plea in mail theft to stand

A plea agreement reached last week between the state and a Gardnerville man accused of stealing mail will stand.

David Scott Killen, 23, will be sentenced May 20 on a gross misdemeanor count of opening, reading or publishing a sealed letter or telegram.

He entered a no-contest plea to the charge on March 25, but after the two sides argued over Killen receiving jail credit, they were ordered to clear up the dispute and to come back into court on Tuesday if an agreement hadn't been met.

A resolution was reached and neither side appeared in court on Tuesday.

Defense Attorney Ben Walker said Tuesday afternoon, that Killen's plea will stand, and he will also get credit for the time he's served in jail since his arrest in December.

On Dec. 9, Killen, Dylan Gregory, 22, and Tristan Ledford, 19, were spotted by a homeowner rifling through mailboxes

When police pulled their vehicle over, Killen was at the wheel, and Gregory and Ledford were passengers.

Mail found inside the vehicle and statements made after their arrests indicated the trio was looking for credit card applications and holiday cards containing money, according to court records.

No charges were filed against Ledford, who lives near where the mail theft took place. Gregory pleaded to one counts of gross misdemeanor opening, reading or publishing a sealed letter or telegram and was sentenced to up to three years probation.

The state's attorney has declined to pursue federal mail tampering charges against Gregory, Killen and Ledford.

Walker said part of Killen's motivation in reaching the plea deal was so that he could have some "overlap" of the sentences.

The most Killen could serve on the gross misdemeanor mail theft charge would be a year in jail.

He is currently serving a one-year jail sentence on a gross misdemeanor charge of willful injury to property for shooting out windows in cars and businesses in Douglas County and Carson City with a BB gun and a wrist rocket in February 2006.

• Contact reporter F.T. Norton at ftnorton@nevadaappeal.com or 881-1213.