DA tries to block retrial in deadly Nevada casino shooting

(AP) — Prosecutors are urging Nevada's Supreme Court to reconsider its recent reversal of a murder and conspiracy conviction in a casino shootout between rival biker gangs that left one dead and three others wounded more than four years ago.

Washoe County District Attorney Chris Hicks said the justices who ordered a new trial last month — based on faulty instructions to the jury — didn't place enough weight on casino surveillance video he said shows a conspiracy to assassinate a Hells Angels' leader.

In a formal request for rehearing, Hicks argued that the surveillance tape depicts members of the rival Vagos gang acting in concert when they gathered "to form a gauntlet" moments before a brawl broke out and gunfire erupted at the Nugget hotel-casino in Sparks in September 2011.

"When the Vagos lined up in the casino, to form a gauntlet, they were doing so because of an agreement and not just by random movements," according to Terrence McCarthy, the chief appellate deputy district attorney who wrote the rehearing request filed Tuesday on Hicks' behalf.