By Geoff Dornan
Appeal Capitol Bureau
Darren Mack filed an emergency petition Wednesday to block his Thursday sentencing for the murder of his wife, Charla, and attempted murder of Washoe Family Court Judge Chuck Weller.
The Nevada Supreme Court denied the petition a couple of hours later.
Mack's lawyer, William Routsis, was denied in his attempt to withdraw Mack's guilty plea to the charges and void the plea bargain deal that granted him life with the possibility of parole. He argued Mack's previous legal counsel was ineffective and that they gave him up to prosecutors, conning their client into taking the plea bargain even as his trial had already begun.
Mack stopped the trial and pleaded guilty Nov. 5. In return, he was to get a life sentence for murder with parole possible after a minimum 20 years, and 20 years for the attempted murder.
But less than a month later, with new counsel, Mack, 46, moved to withdraw his guilty plea and restart a trial in the case. Clark County District Judge Douglas Herndon, assigned to the case after all of Washoe's judges recused themselves, rejected that motion and set two days for sentencing beginning today. He ruled Mack's lawyers were not deficient and that his guilty plea was entered knowingly and willingly.
The Supreme Court panel of Justices Bill Maupin, Michael Cherry and Nancy Saitta rejected the petition for a delay, saying intervention isn't necessary because Mack can appeal his judgment of conviction and sentence and can challenge the rejection of his motion to withdraw the guilty pleas.
He was convicted of murdering his estranged wife, who was stabbed numerous times, and attempting to kill Weller - the judge handling the couple's divorce - by shooting him. The rifle bullet, fired from the roof of a nearby parking garage in downtown Reno, hit Weller in the chest after shattering the window of his office on the top floor of the courthouse. The shooting occurred June 12, 2006.
• Contact reporter Geoff Dornan at gdornan@nevadaappeal.com or 687-8750.