Accused murderer in Elko once urged Washoe County inmates to rebel

Kelly Eugene Rhyne, 39, is one of two men accused of beating to death Donald Wayne "Lobo" Brown and dumping his body in a trash bin behind the Miner's Camp Bar in Elko on Nov. 1.

Rhyne and his attorney asked Elko District Judge Mike Memeo on Monday to block the transfer.

"There have been no incidents during his time in Elko," said Mary Lou Wilson, a lawyer from Reno.

Ryhne told the judge he is locked in isolation and permitted outside of his cell only two or three times a week to shower or get a book.

"I haven't done anything since I've been here," Rhyne said. "I haven't been convicted of any crime. I shouldn't be sent to prison."

Elko County District Attorney Gary Woodbury is seeking the death penalty for Rhyne and James Theadore Mendenhall, 39.

Woodbury presented records that show Rhyne was involved in 17 incidents from previous stints in the Washoe County jail.

They included throwing his feces and urine at other inmates, fighting with other inmates and jail staff and coercing other inmates to rebel against jail staff, Woodbury said. He did not list the charges in Rhyne's previous arrests.

Elko County Sheriff Neil Harris said Rhyne's history poses a potential threat to other inmates and staff in the jail. He said the state prison system is better staffed to handle the added security risk.

"I don't have the people to spare to have three or four of them walk him to the shower," Harris said.

Rhyne and Mendenhall have pleaded innocent to the charges in the death of Brown.

Rhyne is charged with open murder, felony murder, conspiracy to commit murder and robbery. Mendenhall is charged with open murder, principal to murder, felony murder, conspiracy to commit murder, robbery and principal to robbery.

The trial is scheduled to begin Sept. 7 and is expected to last about two weeks.

Memeo said he would not make a decision right away and asked attorneys to submit briefs citing appropriate laws. Woodbury said Harris has very broad discretion about where he can hold a prisoner awaiting trial.

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