65°F
weather icon Mostly Clear

Victim blinded by gunshot testifies at hearing

A man charged with the attempted murder of his daughter’s boyfriend earlier this year will now answer to those charges in District Court after a judge found enough evidence to support the case.

Randall D. Phelps appeared in Pahrump Justice Court Thursday morning for a preliminary hearing on charges of attempted murder with use of a deadly weapon, assault with a deadly weapon and battery with a deadly weapon following a Feb. 6 incident where he allegedly shot and injured 36-year-old Benjamin Appleby.

Nye County Sheriff’s deputies were dispatched to Phelps’ property, located at 6531 S. Camelot Ct., that evening after Phelps called 911 to report that he shot Appleby.

When officers arrived, they reportedly found Appleby lying in the driveway, bleeding and unresponsive. He had been shot twice, once in the left temple and another time in the abdomen.

Phelps allegedly told police Appleby had been fighting with his daughter that afternoon and that he had “threatened him” so he fired a warning shot and then fired directly at Appleby. Though he was the one who called police to report the shooting, a declaration of arrest in the case notes Phelps was uncooperative with police, continuing to hang up on 911 operators and refusing to comply with deputies’ commands once they arrived on scene.

After being treated at the local hospital for injuries he sustained while allegedly resisting officer’s commands, Phelps was arrested for attempted murder and booked into the Nye County Detention Center.

He later posted bail.

The only witness called to testify was the victim.

Appleby told the court the incident has left him blind and missing a part of his small intestine after it was damaged by the gunshot wound to his abdomen.

“I’ve lost all eyesight due to optic nerves being severed, so I’m blind. Other than that there’s scarring, I don’t have any brain damage and I’m still alive,” he said.

Although Phelps has maintained the shooting was done in self-defense, Appleby testified he wasn’t sure why the other man had shot him.

Appleby told the court he had been at the Camelot Court address spending time with Phelps’ daughter. She then left and as he walked outside to ask why she was leaving, Phelps came out, presumably from his trailer at the rear of the property, and that was when the first shot was fired.

“I saw him about five minutes before I got shot in the front yard. Clytee (Phelps) was walking to the front gate and I stepped out onto the front porch and asked her where she was going and Randy Phelps stepped in between as I was heading to the gate to talk to Clytee and that’s when I got shot in the stomach,” he said. “I took a step back with my right foot and I proceeded to lay on the ground. Randy Phelps was standing in front of me at my feet and Clytee was about 20 yards behind him at the front gate, she started screaming ‘oh my God.’ And I just realized at that moment that I had actually been shot.”

Appleby said he didn’t remember anything that happened after he was shot in the head.

On cross examination, Phelps’ attorney, Tom Gibson, asked Appleby if he and Phelps’ daughter had been arguing that afternoon.

According to police reports, Phelps told officers he heard Appleby and his daughter arguing and had walked out to see what was going on.

That’s when he says he felt Appleby threatened him, that he was forced to shoot him when he continued to “come at him.”

Appleby told the court, however, that he and Clytee had not been arguing.

The man did admit though, when questioned, that he had been drinking that day and had consumed about six shots of vodka prior to the shooting and even wrecked his scooter at about 30 miles per hour that day.

Appleby denied knowing that a blood test done at the hospital allegedly showed a positive indication that he had used meth as well.

Following the man’s testimony, Justice of the Peace Kent Jasperson, ruled that the burden of evidence to support the charges filed against Phelps was met and bound the defendant over to the District Court.

Phelps is scheduled to appear for an arraignment in District Court on Dec. 2.

Don't miss the big stories. Like us on Facebook.
THE LATEST
Beatty riled by sheriff’s substation closure

Lone staffer will be relocated to Pahrump to help with workload there; be onsite in Beatty just once a month.

Sales tax question headed to the ballot

Road conditions in the Pahrump Valley are a sore point for many drivers as well as a source of frustration for the crews dedicated to maintaining them but with only so many road dollars to go around, it can be hard to keep pace with the demand.

How historical storytelling is highlighting Tonopah attractions

Preserving history for generations to come while simultaneously boosting tourism – that’s the goal of Tonopah Main Street: Historical Storytelling, a project that’s using the digital age to promote all of the fascinating facts about the bygone days of Tonopah.

Bake sale rakes in $2k for splash pad shade

Pahrump Mother’s Corner is on a mission to see the town of Pahrump build a community splash pad but this group of local parents is doing more than just advocating for the project – they are actively raising money to assist with paying for what they all feel will be a crucial addition to it, a shade structure.

The Veterans Extravaganza – an information hub for former military

The 7th Annual Cles Saunders Memorial Veterans’ Extravaganza took place last week, giving former military service members a chance to learn all about the various resources the area has to offer.

Want to be the county clerk? Applications due March 13

Nye County Clerk Mark Kampf announced his pending resignation last week and the Nye County Commission must now select someone to assume the soon-to-be-vacated office.

Older resident dies in fire

Pahrump Valley Fire and Rescue Services, along with the Nevada State Fire Marshal’s office are investigating the exact cause of a structure fire that claimed the life of a man early Wednesday morning.

How has the town fared with Fall Festival? Here’s an overview

When the Pahrump Valley Chamber of Commerce made the decision to divest itself of the Pahrump Fall Festival, the town of Pahrump stepped in to reassume the popular community event.