Wednesday, May 26, 1999 | 11:33 a.m.
The fate of Tyrone Laffayette Garner, tried on murder charges in the barroom execution-style slaying he did not see, is now in the hands of a six-man, six-woman Las Vegas jury.
Garner is accused of driving the getaway car in the May 5, 1998, slaying of bartender Shelly Lokken, who was working the graveyard shift at Doc Holliday's Tavern at 8450 Westcliff Drive.
Garner never entered the tavern, but under Nevada law he can be held accountable for the death. Garner faced murder charges because under Nevada law those involved in criminal acts are held equally responsible for any death that might occur.
Deputy District Attorneys David Wall and Bill Kephart, during closing arguments Tuesday, told jurors that to find Garner guilty of robbery, burglary and murder, they only have to believe that Garner conspired with the triggerman and aided and abetted him.
"Tell Tyrone Garner with your verdict that he can no longer hide behind Charles Randolph," Wall told jurors. Randolph, 32, is charged with handcuffing Lokken, firing two shots into her head and robbing the place of cash and the security video cassette recorder. He is scheduled to go on trial later this year.
Wall noted that a bar filled with money and only one person inside "must have looked like an ice cream sundae to two crack addicts looking for their next high."
Randolph, who was in the bar at least 20 minutes, "was sure (Garner) would still be there to get him away from the scene," Wall said.
"If you believe that the defendant and Charles Randolph talked about the crime and he (Garner) stayed outside, he is still guilty," Kephart added.
However, defense attorney David Schieck stuck to the defense's case that Garner, 42, drove his friend to a bar to pick up his pay -- Randolph had been fired from there days earlier -- and he was unaware that a robbery, much less a murder, was about to occur.
"The state has not proven he entered into a conspiracy or aided and abetted in the commission of the robbery," Schieck said, asking that the jury clear Garner on all five counts.
The jury was sent home by District Judge Michael Douglas after closing arguments ended at 8 p.m. Tuesday. They returned this morning to begin deliberations.
Jurors were to debate whether the twice-convicted felon and admitted drug dealer, crack cocaine user and liar was duped into driving the killer to the bar or was a willing accomplice.
Garner testified Monday that he had "no idea whatsoever" that the man he drove to the bar would commit murder and rob the place.
Garner said the first he heard of the murder was on newscasts in a room where he was smoking rock cocaine with two prostitutes. The reports included a description of his Cadillac leaving the scene. But the women, not Garner, called police.
A gun and the stolen VCR were recovered from the trunk of Garner's car. Garner said he thought Randolph was borrowing the VCR from a bar patron or fellow employee.
Garner testified to being "loaded on cocaine" when police came to question him about the slaying and admitted he told them lies because he said he was scared he would be wrongly implicated.
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