Marines maintain innocence in shooting of wild horses

VIRGINIA CITY, Nev. -- Two Marines charged in the shooting of wild horses in Nevada say they are innocent and at least one is frightened by the public outrage directed their way, a defense lawyer said Monday.

Lance Cpls. Darien Brock, 20, Reno, and Scott Brendle, 21, Reno, were arraigned under tight security in Storey District Court Monday on charges of grand theft, grand larceny and killing another person's animal.

"I was here on a murder case a couple of years ago and security was nothing like this," said Jerry Polaha, a Reno-based lawyer for Brock.

The Marines and their friend, Anthony Merlino, 20, are accused of slaughtering 34 mustangs on Dec. 27 in a canyon just east of Reno.

The shootings with high-powered rifles stirred emotions nationwide. Animal activists quickly raised a $35,000 reward for the capture and conviction of the horse killers.

Sheriff's deputies closed off a square block around the courthouse built in 1876 as a security precaution during Monday's arraignment.

The three suspects arrested on Jan. 12 remain free on $60,000 bail. The crimes carry penalties of up to 15 years in jail.

Storey District Justice of the Peace Annette Daniels ordered the three men to appear at a preliminary hearing on May 19.

Brendle, based at Twenty Nine Palms outside Los Angeles, appeared in court Monday in a white dress shirt with pinstripes and without the beard he had when he arrived at the Washoe County Jail on Friday.

Brock, based at Camp Pendleton, Calif., was wearing a dark sport jacket and tie.

Neither Marine had anything to say to reporters but Brock's lawyer described him afterwards as "concerned."

"He's scared. It's a life-changer," Polaha said.

No threats have been made directly but letters to newspapers and comments posted on the Internet make clear the local community's animosity toward whoever is responsible, he said.

"I got on the Internet and, wow, you should see what is on there. It's scary," Polaha said. He did not elaborate.

Polaha said he won't consider a formal request for a change of venue until efforts begin to seat a jury. He said the trial also could be moved to Carson City because it is in the same judicial district.

Storey County District Attorney Janet Hess refused to comment on the case but said she would fight any attempt to move the trial.

"The only reason for moving it would be security and I'm sure we're secure. We can keep this courtroom very safe," Hess said.

Four deputies and an armed chief bailiff who goes by the name Bearclaw provided security on Monday. They escorted the suspects out of the courthouse, Bearclaw with a shotgun in his hand.

"We don't intend to intimidate anybody but we want people to know we are serious," said Bearclaw, a bear of a man who wears holstered side arms, a black cowboy hat and bear claws on a necklace around his neck.

"There is a lot of anxiety. A lot of people feel real bad about these wild horses," he said.

Brock earlier told a television station that he was there on Dec. 27 when the other two suspects shot one horse, but he doesn't know anything about any other horses.

Polaha said he hadn't seen a transcript of that interview and that he had not had a chance to interview his client about any details.

"We're taking the approach that if he was one of the three, they're going to have to establish that in a court of law," he said.

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