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Ted Binion Murder Case

STEWART L. BELL
DISTRICT ATTORNEY
Nevada Bar #000477
200 S. Third Street
Las Vegas, Nevada 89155
(702) 455-4711
Attorney for Plaintiff

DISTRICT COURT
CLARK COUNTY, NEVADA

STEWART L. BELL, District Attorney within and for the County of Clark, State of Nevada, in the name and by the authority of the State of Nevada, informs the Court:

That RICHARD BENNETT TABISH; JOHN BRADFORD JOSEPH; STEVEN LEE WADKINS; SANDRA RENEE MURPHY; MICHAEL DAVID MILOT; and DAVID LEE MATTSEN aka David Eugene Gaeth, the Defendant(s) above named have committed the crimes of CONSPIRACY TO COMMIT MURDER AND/OR ROBBERY (Felony - NRS 199.480, 200.010, 200.030, 200.380); CONSPIRACY TO COMMIT EXTORTION (Gross Misdemeanor - NRS 199.480, 205.320); CONSPIRACY TO COMMIT KIDNAPPING (Felony Misdemeanor - NRS 199.480, 200.380); FIRST DEGREE KIDNAPPING WITH USE OF A DEADLY WEAPON (Felony - NRS 200.380, 193.165); ASSAULT WITH A DEADLY WEAPON (Felony - NRS 200.471); EXTORTION WITH USE OF A DEADLY WEAPON (Felony NRS 205.320, 193.165); MURDER WITH USE OF A DEADLY WEAPON (OPEN) (Felony - NRS 200.010, 200.030, 193.165); ROBBERY WITH USE OF A DEADLY WEAPON (Felony - NRS 200.380, 193.165); CONSPIRACY TO COMMIT BURGLARY AND/OR GRAND LARCENY (Felony - NRS 199.480, 205.060, 205.220); BURGLARY (Felony - NRS 205.060); and GRAND LARCENY (Felony - NRS 205.220),on or between April, 1998, and September 19, 1998, and committed the following offenses within the County of Clark, State of Nevada, and/or committed acts or effects thereof in the County of Clark, State of Nevada constituting or requisite to the consummation of offenses occurring in the County of Nye, State of Nevada, contrary to the form, force and effect of statutes in such cases made and provided, and against the peace and dignity of the State of Nevada,

COUNT I

CONSPIRACY TO COMMIT MURDER AND/OR ROBBERY

        Defendants RICHARD BENNET TABISH and SANDRA RENEE MURPHY did, between April, 1998, and September 19, 1998, then and there meet with others and between themselves, and each of them with the other, wilfully and unlawfully conspire and agree to commit the crime of Murder and/or Robbery, and in futherance of said Conspiracy, Defendants did commit the acts as set forth in Counts VII through VIII, said acts being incorporated by this reference as set forth herein.

COUNT II

CONSPIRACY TO COMMIT EXTORTION

        Defendants RICHARD BENNET TABISH, JOHN BRADFORD JOSEPH, and STEVEN LEE WADKINS, did, between July 25, 1998, and July 28, 1998, then and there meet with others between themselves, and each of them with the other, wilfully and unlawfully conspire and agree to commit the crime of Extortion, and in furtherance of the said Conspiracy, Defendants did commit the acts as set forth in Count III Ð VI, said acts being incorporated by this reference as set forth herein.

COUNT III

CONSPIRACY TO COMMIT KIDNAPPING

        Defendants RICHARD BENNET TABISH, JOHN BRADFORD JOSEPH, and STEVEN LEE WADKINS, did, between July 25, 1998, and July 28, 1998, then and there meet with others and between themselves, and each of the them with the other, wilfully and unlawfully conspire and agree to commit the crime of Kidnapping, and in futherance of said Conspiracy, Defendants did commit the acts as set forth in Counts II, IV Ð VI, said acts being incorporated by this reference as set forth herein.

COUNT IV

FIRST DEGREE KIDNAPPING WITH USE OF A DEADLY WEAPON

        Defendants RICHARD BENNET TABISH, JOHN BRADFORD JOSEPH, and STEVEN LEE WADKINS, did, on or about July 28, 1998, wifully unlawfully, feloniously, and without authority of law, seize, confine, inveigle, entice, decoy, abduct, conceal, kidnap, or carry away LEO CASEY, a human being, with the intent to hold or detain the said LEO CASEY against his will and without his consent, for the purpose of committing Extortion, said Defendants using a deadly weapon, to-wit: a firearm, during the commission of said crime; Defendants RICHARD BENNET TABISH, JOHN BRADFORD JOSEPH, and STEVEN LEE WADKINS aiding or abetting each other by acting in concert; and/or Defendants RICHARD BENNET TABISH, JOHN BRADFORD JOSEPH, and STEVEN LEE WADKINS counseling and encouraging each other by Defendant JOHN BRADFORD JOSEPH persuading LEO CASEY to go with Defendants RICHARD BENNET TABISH and STEVEN LEE WADKINS to a desert area under the pretext of Defendants RICHARD BENNET TABISH and STEVEN LEE WADKINS examining equipment that Defendant JOHN BRADFORD JOSEPH allegedly desired to sell, Defendants RICHARD BENNETT TABISH and STEVEN LEE WADKINS restraining LEO CASEY with thumb-cuffs upon arriving at the desert area, Defendant STEVEN LEE WADKINS forcing a firearm into the mouth of LEO CASEY and threatening to kill LEO CASEY, Defendant RICHARD BENNETT TABISH repeatedly striking LEO CASEY about the head and body with a telephone book, Defendant RICHARD BENNETT TABISH directing Defendant STEVEN LEE WADKINS to dig a potential grave for LEO CASEY, both Defendants RICHARD BENNETT TABISH and SEVEN LEE WADKINS forcing LEO CASEY to walk to the edge of the excavated grave at which time LEO CASEY relented and agreed to the demands of Defendants JOHN BRADFORD JOSEPH, RICHARD BENNETT TABISH, and STEVEN LEE WADKINS; and/or Defendants JOHN BRADFORD JOSEPH, RICHARD BENNETT and STEVEN LEE WADKINS transporting LEO CASEY, still restrained by thumb-cuffs, to a law office for the purpose of signing a confession and asset transfer agreement, Defendant STEVEN LEE WADKINS aiming a firearm at the head and body of LEO CASEY during the trip to the law offices; and/or Defendants RICHARD BENNETT TABISH, JOHN BRADFORD JOSEPH and STEVEN LEE WADKINS acting pursuant to Conspiracy to Commit Kidnapping and Extortion.

COUNT V

ASSAULT WITH A DEADLY WEAPON

        Defendants RICHARD BENNET TABISH, JOHN BRADFORD JOSEPH, and STEVEN LEE WADKINS, did, on or about July 28, 1998, coupled with the present ability, wilfully, unlawfully, and feloniously attempt to commit a violent injury, with use of a deadly weapon, upon the person of another, to-wit: LEO CASEY by forcing a firearm into the mouth of LEO CASEY and threatening to kill LEO CASEY, with a firearm; Defendant STEVEN LEE WADKINS directly committing said acts and Defendants JOHN BRADFORD JOSEPH, RICHARD BENNETT TABISH aiding and abetting Defendant STEVEN LEE WADKINS in the commission of said acts by all Defendants acting in concert; and/or Defendants RICHARD BENNETT TABISH, JOHN BRADFORD TABISH, Defendant JOHN BRADFORD JOSEPH persuading LEO CASEY to go with Defendants RICHARD BENNETT TABISH and STEVEN LEE WADKINS to a desert area under the pretext of Defendants RICHARD BENNET TABISH and STEVEN LEE WADKINS examining equipment that Defendant JOHN BRADFORD JOSEPH allegedly desired to sell, Defendants RICHARD BENNETT TABISH and STEVEN LEE WADKINS restraining LEO CASEY with thumb-cuffs upon arriving at the desert area, Defendant STEVEN LEE WADKINS forcing a firearm into the mouth of LEO CASEY and threatening to kill LEO CASEY, Defendant RICHARD BENNETT TABISH repeatedly striking LEO CASEY about the head and body with a telephone book, Defendant RICHARD BENNETT TABISH directing Defendant STEVEN LEE WADKINS to dig a potential grave for LEO CASEY, both Defendants RICHARD BENNETT TABISH and SEVEN LEE WADKINS forcing LEO CASEY to walk to the edge of the excavated grave at which time LEO CASEY relented and agreed to the demands of Defendants JOHN BRADFORD JOSEPH, RICHARD BENNETT TABISH, and STEVEN LEE WADKINS; and/or Defendants JOHN BRADFORD JOSEPH, RICHARD BENNETT and STEVEN LEE WADKINS transporting LEO CASEY, still restrained by thumb-cuffs, to a law office for the purpose of signing a confession and asset transfer agreement, Defendant STEVEN LEE WADKINS aiming a firearm at the head and body of LEO CASEY during the trip to the law offices; and/or Defendants RICHARD BENNETT TABISH, JOHN BRADFORD JOSEPH and STEVEN LEE WADKINS acting pursuant to Conspiracy to Commit Kidnapping and Extortion.

COUNT VI

EXTORTION WITH USE OF DEADLY WEAPON

        Defendants RICHARD BENNET TABISH, JOHN BRADFORD JOSEPH, and STEVEN LEE WADKINS, did, on or about July 28, 1998, then and there wilfully, unlawfully, and feloniously threaten to injure LEO CASEY and/or threaten to accuse LEO CASEY of the crime of Embezzlement with the intent to compel or induce LEO CASEY to execute a writing affecting and intended to affect property, to-wit: a confession and asset transfer agreement, said Defendant using a deadly weapon, to-wit: a firearm, during the commission of said crime; by Defendants RICHARD BENNETT TABISH, JOHN BRADFORD JOSEPH and STEVEN LEE WADKINS aiding and abetting each other by acting in concert; and/or Defendants RICHARD BENNETT TABISH, JOHN BRADFORD JOSEPH and STEVEN LEE WADKINS counseling and encouraging each other by Defendant JOHN BRADFORD JOSEPH persuading LEO CASEY to go with Defendants RICHARD BENNETT TABISH and STEVEN LEE WADKINS to a desert area under the pretext of Defendants RICHARD BENNETT TABISH and STEVEN LEE WADKINS examining equipment that Defendant JOHN BRADFORD JOSEPH allegedly desired to sell, Defendants RICHARD BENNETT TABISH and STEVEN LEE WADKINS restraining LEO CASEY with thumb-cuffs upon arriving at the desert area, Defendant STEVEN LEE WADKINS forcing a firearm into the mouth of LEO CASEY and threatening to kill LEO CASEY, Defendant RICHARD BENNETT TABISH repeatedly striking LEO CASEY about the head and body with a telephone book, Defendant RICHARD BENNETT TABISH directing Defendant STEVEN LEE WADKINS to dig a potential grave for LEO CASEY, both Defendants RICHARD BENNETT TABISH and SEVEN LEE WADKINS forcing LEO CASEY to walk to the edge of the excavated grave at which time LEO CASEY relented and agreed to the demands of Defendants JOHN BRADFORD JOSEPH, RICHARD BENNETT TABISH, and STEVEN LEE WADKINS; and/or Defendants JOHN BRADFORD JOSEPH, RICHARD BENNETT and STEVEN LEE WADKINS transporting LEO CASEY, still restrained by thumb-cuffs, to a law office for the purpose of signing a confession and asset transfer agreement, Defendant STEVEN LEE WADKINS aiming a firearm at the head and body of LEO CASEY during the trip to the law offices; and/or Defendants RICHARD BENNETT TABISH, JOHN BRADFORD JOSEPH and STEVEN LEE WADKINS acting pursuant to Conspiracy to Commit Kidnapping and Extortion.

COUNT VII

MURDER WITH A DEADLY WEAPON (OPEN)

        Defendants RICHARD BENNETT TABISH and SANDRA RENEE MURPHY did, on or about September 17, 1998, then and there, without authority of law, with malice of forethought and premeditation and/or during the perpetration or attempted perpetration of Burglary and/or Robbery, wilfully and feloniously kill LONNIE TED BINION, a human being, by means of subterfuge or force, cause LONNIE TED BION to ingest lethal does of Xanax and Heroin, said Defendants using a deadly weapon, to-wit: Xanax and/or Heroin, during the commission of said crime, and/or by means of asphyxia due to manual suffocation, Defendants RICHARD BENNETT and SANDRA RENEE MURPHY directly committing said acts; and/or Defendants RICHARD BENNETT TABISH and SANDRA RENEE MURPHY being present before, during and after said acts; and/or Defendants RICHARD BENNETT TABISH and SANDRA RENEE MURPHY directly or indirectly counseling, encouraging, assisting, commanding, inducing or supervision the actions of the other; and/or Defendants RICHARD BENNET TABISH and SANDRA RENEE MURPHY acting pursuant to a Conspiracy to Commit Murder and/or Robbery.

COUNT VIII

ROBBERY WITH USE OF A DEADLY WEAPON

Defendants RICHARD BENNETT TABISH and SANDRA RENEE MURPHY did, between September 17, 1998, and September 18, 1998, then and there wilfully, unlawfully and feloniously take personal property, to-wit: United States currency and/or coin collections and/or sliver coins, bars, from the person of LONNIE TED BINION, or in his presence, by means of force or violence, or fear of injury to, and without the consent and against the will of the said LONNIE TED BINION; said Defendants using a deadly weapon, to-wit: Xanax and/or Heroin, during the commission of said crime; Defendants RICHARD BENNETT TABISH and SANDRA RENEE MURPHY aiding or abetting each other in the commission of said acts by acting in concert with each other; and/or Defendants RICHARD BENNETT TABISH and SANDRA RENEE MURPHY being present before, during and after said acts; and/or DEFENDANTS RICHARD BENNETT TABISH and SANDRA RENEE MURPHY directly or indirectly counseling, encouraging, assisting, commanding, inducing or supervising the actions of the other; and/or Defendants RICHARD BENNETT TABISH and SANDRA RENEE MURPHY acting pursuant to a Conspiracy to Commit Murder and/or Robbery.

COUNT IX

CONSPIRACY TO COMMIT BURGLARY AND/OR GRAND LARCENY

        Defendants RICHARD BENNETT TABISH, SANDRA RENEE MURPHY, DAVID LEE MATTSEN and MICHAEL DAVID MILOT, did, between September 16, 1998, and September 19, 1998, then and there meet with others and between themselves, and each of them with the other, wilfully and unlawfully conspire and agree to commit the crime of Burglary and/or Grand Larceny, and in furtherance of said Conspiracy, Defendant did commit the acts as set forth in Counts X and XI, said acts being incorporated by this reference as set forth herein.

COUNT X

BURGLARY

        Defendants RICHARD BENNETT TABISH, SANDRA RENEE MURPHY, DAVID LEE MATTSEN and MICHAEL DAVID MILOT, did, on or between September 16, 1998, and September 19, 1998, then and there wilfully, unlawfully, and feloniously enter, with intent to commit larceny, that certain underground vault, located at a desert area in Pahrump, Nye County, Nevada, the property of LONNIE TED BINION; Defendants RICHARD BENNETT TABISH, SANDRA RENEE MURPHY, DAVID LEE MATTSEN and MICHAEL DAVID MILOT aiding and abetting each other in the commission of said acts by acting in concert with each other; and/or by Defendants RICHARD BENNET TABISH and SANDRA RENEE MURPHY killing LONNE TED BINION; and/or Defendants RICHARD BENNETT TABISH, SANDRA RENEE MURPHY, DAVID LEE MATTSEN and MICHAEL DAVID MILOT directly or indirectly or indirectly counseling, encouraging, assisting, commanding, inducing or supervising the actions of the other; and/or Defendants RICHARD BENNETT TABISH and MICHAEL DAVID MILOT acquiring equipment to be used in the excavation of the vault and the transportation of the silver; and/or Defendants RICHARD BENNETT TABISH, SANDRA RENEE MURPHY, DAVID LEE MATTSEN and MICHAEL DAVID MILOT excavating the underground vault, removing said silver from the vault and loading the silver into a truck; and/or all Defendants acting pursuant to a Conspiracy to Commit Burglary and/or Grand Larceny.

COUNT XI

GRAND LARCENY

        Defendants RICHARD BENNETT TABISH, SANDRA RENEE MURPHY, DAVID LEE MATTSEN and MICHAEL DAVID MILOT, did, on or between September 16, 1998, and September 19, 1998, then and there wilfully, unlawfully, and feloniously, with intent to deprive the owner permanently thereof, steal, take, and carry away personal property of LONNIE TED BINION, having a value of $250.00, or more, to-wit: silver coins and bars; Defendants RICHARD BENNETT TABISH, SANDRA RENEE MURPHY, DAVID LEE MATTSEN and MICHAEL DAVID MILOT aiding and abetting each other in the commission of said acts by acting in concert with each other; and/or by Defendants RICHARD BENNET TABISH and SANDRA RENEE MURPHY killing LONNE TED BINION; and/or Defendants RICHARD BENNETT TABISH, SANDRA RENEE MURPHY, DAVID LEE MATTSEN and MICHAEL DAVID MILOT directly or indirectly or indirectly counseling, encouraging, assisting, commanding, inducing or supervising the actions of the other; and/or Defendants RICHARD BENNETT TABISH and MICHAEL DAVID MILOT acquiring equipment to be used in the excavation of the vault and the transportation of the silver; and/or Defendants RICHARD BENNETT TABISH, SANDRA RENEE MURPHY, DAVID LEE MATTSEN and MICHAEL DAVID MILOT excavating the underground vault, removing said silver from the vault and loading the silver into a truck; and/or all Defendants acting pursuant to a Conspiracy to Commit Burglary and/or Grand Larceny.

                     STEWART L. BELL
                     DISTRICT ATTORNEY
                     Nevada Bar #000477

                     BY ________________________
                     DAVID J. ROGER
                     Chief Deputy District Attorney
                     Nevada Bar #002781