Witness: Group rushed into room

A group of Native Americans, accused in a 1998 beating death, punched each other in the chests before "rushing" into a Carson City motel room with chains and sticks, a witness said Monday in the murder trial of Rocky Boice Jr.

Boice is charged with with first-degree murder, burglary, battery with the use of a deadly weapon and conspiracy to commit battery in the death of Sammy Resendiz, 25.

David Moyle, 23, one of 12 people originally charged in the death of Resendiz, said he stood about 30 feet from the door of Room 103 at the Round House Inn as Boice, carrying what Moyle described as a 2-foot-long stick, led the group into the room.

"Within five seconds, I heard thumping sounds and a ruckus," he said.

Moyle said he was hesitant to join the group in "confronting" the man Boice's cousin Jessica Evans said had hit her earlier in the evening.

"I didn't want to be there in the first place," he said, adding he went because Boice wanted to use his truck. "I was sensing they'd turn on me if I didn't go. But I can't change that now."

In 1999, Moyle pleaded to a gross misdemeanor charge of conspiracy to commit battery with a deadly weapon. He was sentenced to probation.

He went on to describe how the group picked up Evans and she told them she had been struck by a member of the Eastwood Tokers while at a party at the motel room. Evans told the group there were 15 or 20 gang members in the room and suggested they bring weapons of their own, he said.

Once they reached the rear of the motel, Moyle said, a few of the men pulled their shirts off and began hitting each other in the chest.

"Rocky was mad. Everyone was hyped up," Moyle said.

As he and Alejandro Avila stood outside the room, Moyle said, he kept waiting for gang members to come pouring out of the room.

"I had no idea there were just a few people in there," he said.

Only Resendiz, Carolee Simpson and Carlos Lainez remained at the room, which had from five to 15 people in it during a party.

Within 50 seconds, Moyle said, Boice came running out shouting "Cops! Cops!" The group rushed to the two vehicles behind the building and ended up in Voltaire Canyon where they talked excitedly of the fight and shared beer, he said.

"I mainly heard discussions about the guy on the bed and one of them was trying to escape.

"Clint Malone said he'd hit (Resendiz's) arm and said he'd heard it crack," Moyle testified.

"Rocky said he was going on the guy who was on the bed closest to the window but he'd hit both gang members. (Lew Dutchy) went after (Lainez), who was trying to take off to the bathroom."

Moyle said Evans was hugging everyone and thanking them.

"They seemed to have a sense of satisfaction of getting revenge on the dishonorable thing that happened to Jessica Evans," he said. "I was pretty shocked. I never wanted to go in any room or attack anybody."

Eight other defendants are expected to be tried during the next seven months: Frederick Fred, Dutchy, Jaron Malone, Clint Malone, Mike Kizer, Elvin Fred, Sylvia Fred and Evans.

Alejandro Avila pleaded guilty to lesser charge of conspiracy to commit battery in 1999.

Julian Contreras pleaded guilty Aug. 24 to one count of battery with a deadly

weapon with substantial bodily harm. A sentencing date has not been set.


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