Judge allows 911 tape in Floyd case

Jurors will be allowed to hear the bone-chilling 911 call that summoned police to the scene of last summer's slayings at an Albertson's grocery store.

District Judge Jeffrey Sobel this morning disagreed with defense attorneys' contention that the tape would unduly prejudice the jurors in the Zane Floyd capital murder trial, which starts Tuesday.

Floyd, 24, an ex-Marine, is accused of walking into the Sahara Avenue store on June 3, 1999, and opening fire. Killed were store employees Thomas Darnell, 40, Chuck Leos, 41, Dennis Sargent, 31, and Lucy Tarantino, 40. A fifth person, Zack Emenegger, 21, was shot twice, but survived.

Albertson's bookkeeper, Christine Goldsworthy, made the 911 call to police dispatchers, who kept her on the phone throughout the five-minute ordeal.

An obviously distraught Goldsworthy can be heard describing the killer's appearance and actions.

At one point on the tape, Goldsworthy tells the dispatcher she thinks the killer has left the store.

"Do you know which way he went?" the dispatcher asks.

"I don't, oh God, he's still here. He's still here," Goldsworthy said.

"So, you can see him? I need to know ma'am."

"I can't see him at all. I just hear gunshots. Please get somebody out here," Goldsworthy said.

"Hang in there with me, OK?"

"OK. I just hope he doesn't come up here. Please don't come up here. Please." Goldsworthy said.

At one point, Goldsworthy tells the dispatcher she heard at least five or six shots.

"Oh my God. I hope nobody's dead," Goldsworthy said.

Toward the end of the tape, Goldsworthy repeatedly asks if Floyd has been caught and if ambulances are on the way.

"Oh my God. I think somebody's hit," Goldsworthy said.

"Yeah. I think somebody has been hurt, but I can't confirm on that yet ma'am," the dispatcher said.

Sobel also this morning granted a defense motion to throw out some of the aggravating factors that District Attorney Stewart Bell wanted to use in his bid to obtain the death penalty for Floyd.

Sobel told deputy public defenders Curtis Brown and Doug Hedger that the state will not be able to argue that Floyd committed the murders during a burglary. He also said the state won't be able to say that Floyd's shooting of Tarantino involved torture or mutilation.

Bell and Chief Deputy District Attorney Bill Koot believe Tarantino's death involved torture or mutilation because she was shot in the head at close range while begging for her life.

Sobel said he may reconsider the torture or mutilation aggravator after the guilt or innocence phase of the trial.

The judge will consider on Monday a state motion that would allow a handful of witnesses to testify without appearing on Las Vegas One, which is broadcasting the trial in its entirety.

Bell said four or five witnesses don't object to their testimony being aired, they just don't want their faces to appear on TV during what will surely be an emotional time.

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