High court dismisses killer's appeal

CARSON CITY -- The Nevada Supreme Court has dismissed the appeal of Arturo T. Ochoa, sentenced to 50 years in prison for killing one man and wounding another during a drug deal in Las Vegas.

The court, in an opinion written by Justice Nancy Becker, rejected claims that testimony about prior drug transactions should have been barred at the trial and there was misconduct by the district attorney's office in talking about these deals.

Ochoa was convicted of second-degree murder and attempted murder in the shooting death of Luis Ortiz and wounding of bystander Ricky Smith, who police said was trying to buy crack cocaine. Smith gave money to Ortiz to purchase the drugs. Ortiz, who had a baseball bat, approached a nearby car where Ochoa was seated, according to court records.

An argument ensued, and Ochoa shot Ortiz and wounded Smith with a bullet in the chest, the records show. The prosecution argued the shooting was part of an ongoing dispute between Ochoa and Ortiz over the car as well as interference by Ortiz with Ochoa's drug sales.

Ochoa contended in his appeal that Ortiz threatened him with the bat, and the shooting was self-defense. The attempted murder charge should be erased, Ochoa argued, because he never intended to shoot Smith.

Becker said Friday there was sufficient evidence to show Ochoa intended to kill Ortiz. That intent may be transferred to Smith, the innocent victim, and this allows prosecution of the attempted murder charge.

In another case, the court upheld the conviction of Moshe Perelman of Las Vegas, found guilty of three counts of filing false insurance claims involving his home in Las Vegas. Perelman was sentenced to three years in prison and ordered to make restitution of $7,544 to American Banker's Insurance Co.

In 1993 he submitted a claim to American Bankers for $22,385 because his dishwasher overflowed and ruined the floors. American Bankers paid $7,544. He also submitted claims for $250,000 and for a lesser amount, saying items had been stolen from his home.

The court rejected his argument that the statute of limitations had run out when the district attorney's office filed the criminal charges in 1996. The court said insurance fraud was a continuing offense and the statute of limitations extends for a longer period.

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