Judge sets July 20 deadline for DA response to Motion to Dismiss in Driver case
Robert Perea, The Fernley Reporter
Canal Township Justice of the Peace Lori Matheus set a deadline of July 20 for the Lyon County District Attorney’s Office to submit its response opposing the Motion to Dismiss filed last week by attorneys representing Troy Driver, the man accused of kidnapping and murdering Naomi Irion.
Lyon County DA Steve Rye told Matheus his office intended to oppose the Motion to Dismiss and file its response by the middle of next week, at which time attorney Richard Davies, representing Driver, said he had no objection to giving the DA’s office additional time to file its response if necessary. She said the defense would have until Aug. 3 to file any reply it might have to the DA’s response.
Driver appeared for the hearing via Zoom from the Lyon County Jail in Yerington, but didn’t speak. His attorneys Mario Walther and Davies also both appeared via Zoom.
Matheus also set aside three days starting Sept. 13 for an evidentiary hearing in the case, and said any arguments regarding the motion to dismiss would be heard as part of that hearing. She also directed Driver and his attorneys to appear in person for that hearing.
Following the hearing, Irion’s brother Casey Valley and sister Tamara Cartwright said they are confident in the evidence in the case and they are prepared to wait as long as necessary for the legal process.
“We have to stay patient because we have to know that everything’s going right the first time, that there will never be any problems with the prosecution, and if that takes time, we have to stay patient with that,” Cartwright said.
The Motion to Dismiss argued that jurisdiction for the murder charge belongs to Churchill County, citing reports from the Churchill County Sheriff’s Office’s investigation that indicates Irion was killed where her body was found in a remote area in Churchill County. Lyon County can claim jurisdiction for the murder charge if it can prove preparation for the murder took place in Lyon County.
Irion was kidnapped from the Walmart Parking lot on March 12 as she sat in her car while waiting for a shuttle bus to her job at Panasonic in the Tahoe Reno Industrial Center. In the Motion to Dismiss, Driver’s attorneys wrote that they believe the prosecution cannot prove Driver is the person who kidnapped Irion.
“I think this is just the defense doing their jobs and pursuing every avenue that they can,” Valley said. “But I don’t think it’s going to work out. I think its pretty provable that the act started here.”