Wednesday, May 12, 2010 | 10:54 a.m.
CARSON CITY – The Nevada Supreme Court has rejected the appeal of a reported Las Vegas gang member convicted in the drive-by killing of a man who was looking for work.
Moise Barragan, now 20, was sentenced to 40 years to life in prison for the shooting of 19-year-old Andre Devoe in an area behind the Stratosphere in March 2007.
The court rejected claims by Barragan that improper evidence was admitted at trial and the district attorney’s office committed misconduct in closing arguments.
Barragan, through his lawyer, tried to keep out of evidence a recorded telephone conversation in which he said, “Never again am I going to kill somebody for things that --- doing you know.”
Barragan, a member of the Barrio Naked City gang, maintained he was misidentified as the shooter from the car.
The victim was not a gang member.
Barragan was convicted of first-degree murder, attempted murder and discharging a firearm out of a vehicle. He was also found guilty of committing crimes to promote a criminal gang.
Two brothers -- Jose Escamilla and Eduardo Escamilla -- were in the car at the time. And they were sentenced to 5-20 years after pleading guilty to voluntary manslaughter.
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