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Trial date set for teens accused of killing retired police chief Andreas Probst

Jesus Ayala and Jzamir Keys will be tried next September for murder and attempted murder, among other charges
Jesus Ayala and Jzamir Keys
Jesus Ayala and Jzamir Keys
Posted at 9:27 AM, Oct 24, 2023
and last updated 2023-10-24 15:06:45-04

LAS VEGAS (KTNV) — Two teenagers accused of hitting and killing retired police chief Andreas Probst while he rode his bike in the northwest valley are expected to appear in court on Tuesday.

Jesus Ayala and Jzamir Keys were scheduled to appear before Judge Jacqueline Bluth to have their trial date set.

WATCH THE HEARING:

Watch live: Teens accused of killing cyclist appear in court

The two teens are being prosecuted jointly for Probst's killing and a string of other crimes on the morning of Aug. 14.

Court records obtained by Channel 13 contain testimony from witnesses outlining a trail of destruction that led up to Probst's death. The teens are accused of stealing multiple cars that morning, ramming into another bicyclist and intentionally hitting another driver's car.

Both teens have pleaded not guilty.

Judge Bluth set a trial date of Sept. 16, 2024. The teens and their attorneys are expected in court again on March 12, 2024 to assess trial readiness.

Ayala's public defender, David Westrbook, told Judge Bluth he plans to file a motion challenging the grand jury proceedings. While he didn't go into detail, Westbrook previously told the court he was concerned about communication from the prosecution.

Westbrook said he didn't find out about Ayala's indictment until he was contacted by reporters for comment. He alleged he "received no communication whatsoever from the state" regarding the time and location of grand jury proceedings in the case.

During those proceedings, eight videos and dozens of images were presented to a Clark County Grand Jury as evidence, including a now-viral cell phone video in which the teens can be heard laughing as they ran over Probst, who was cycling in a bike lane when he was struck from behind by the stolen car.

“The laughing, them saying ‘get his ass’ — all of that has haunted me ever since,” Probst's daughter Taylor said in an interview with ABC News.

The grand jury was also shown video from a Las Vegas Metropolitan Police Department officer's body-worn camera, revealing Ayala's interaction with the officer during his arrest.

Ayala, who was 17 at the time of the crimes but has since turned 18, can be heard telling the officer, "You think this juvenile s— is going to do something? I'll be out in 30 days, I bet you."

“You might be out of juvenile, but you’ll be moved over to adult jail because of how bad it is,” the officer replied.

While Ayala and Keys are being prosecuted as adults, Clark County District Attorney Steve Wolfson explained that there are still some sentencing limitations shielding them.

Under Nevada law, both teens are ineligible for the death penalty or a sentence of life without parole, Wolfson said.

“Both these juveniles are presumed innocent at this point. It is a burden that the state has to prove, that they're guilty beyond a reasonable doubt," Wolfson said in a previous interview with Channel 13. "If they're found guilty of first-degree murder, then they are looking at a life sentence with parole eligibility after 20 years.”