Jury selection begins for man in death of alleged drug dealer

By Dave Toplikar

Tuesday, May 8, 2012 | 3:40 p.m.

It’s been more than four years since Marty DeVone James Jacobs — an alleged crack cocaine dealer known by "J" to his customers, according to a Metro Police report — was found mortally wounded.

Jacobs, 36, was slumped over in the driver’s seat of his white 2006 Lexus when emergency medical personnel responded.

His car had rolled forward over a median, through a driveway, then up on to a second median, crashing into a tree in the parking lot of the Walgreens drug store at Tropicana Avenue and Decatur Boulevard.

But the March 1, 2008, crash didn’t kill him; the Clark County coroner’s office ruled his death a homicide, the result of a gunshot wound to the chest.

Witnesses told police that Jacobs had been involved in an argument with a large, bald black male, wearing a red sweat shirt and jeans just before the shooting.

After a three-week investigation, police arrested Marque Gardeley in connection with Jacobs' death.

The murder trial for Gardeley, 41, who is facing the death penalty, is expected to begin later this week.

Judge Elissa Cadish was overseeing jury selection this afternoon in the case, which is expected to continue Wednesday.

Gardeley’s attorney, Dayvid J. Figler, said opening arguments could begin Thursday afternoon or Friday.

Figler said the trial will probably last about four to five days.

Prosecutors charge the shooting occurred during the process of a robbery.

However, Figler said the defense will show that the shooting more likely took place during a drug transaction that got out of hand and was accidental.

Figler said evidence that will be presented that indicates the gunshot wound was to the shoulder, but the bullet took a strange turn and killed Jacobs.

"Ultimately, the jury will have to decide whether this was a robbery or was an unintended consequence," Figler said.

Figler said the trial will probably include testimony about the poor people who were Jacobs' customers.

"The unseen population of Las Vegas is involved in this," Figler said.

Figler said Jacobs' drug clients lived in an area on Tropicana Avenue between Interstate 15 and Valley View Drive, including many who live in the city's underground flood channels.

Figler said the expert witnesses he might call include Matthew O'Brien, a local journalist and author who has written extensively about the people who live in the tunnels.