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Top Story

Oct. 24, 2007

Darrin Tuck hearing is scheduled for Nov. 6

By CHRISTINA EICHELKRAUT
PVT



HORACE LANGFORD, JR. / PVT
Darrin Michael Tuck




HORACE LANGFORD, JR. / PVT
Darrin Tuck Sr. follows his son's defense lawyer, Chris Rasmussen, outside Pahrump Justice Court Monday.


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Darrin Michael Tuck, 27, waived his arraignment on one charge of possession of child pornography in Pahrump Justice Court on Monday.

Tuck turned over the videotape of a 2-year-old girl being sexually assaulted to the Nye County Sheriff's Office in September.

The videotape ultimately led to the identification and subsequent capture of the alleged perpetrator, Chester Arthur Stiles, earlier this month.

The victim, now 7, was found in Las Vegas safe and happy with her mother.

Tuck is scheduled to appear in Fifth District Court for his preliminary hearing Nov. 6.

He is currently in custody at the Nye County Detention center for violating his probation by not paying child support.

A hearing to determine whether his probation will be revoked is scheduled for Oct. 28.

Christopher Rasmussen, defense attorney, also asked the court to pay for an investigator for Tuck, saying that Tuck could not afford one even though the case would require investigation.

"If Mr. Tuck is indigent, I would appoint a public defender," Justice of the Peace Tina Brisebill responded.

She did, however, say she would review a similar case submitted by Rasmussen and ask the state to respond before denying the request.

Tuck's bail was set at $3,000.

Rasmussen argued for the lower amount on the basis of Tuck's voluntary enrollment in drug court, the support of his family who lives here, and the fact that he has voluntarily walked into the sheriff's office twice since his involvement in the Stiles case.

Andre Lawson, prosecuting for the state, requested a minimum bail of $100,000, stating that Tuck had left the state to go to Utah and only returned to Nevada because his bank card didn't work there.

Brisebill informed Lawson that Tuck had been released by the town on his own recognizance on Sept. 20 and was not given a return date until Nov. 26.

Brisebill also pointed out that Tuck was not incarcerated because of the charge he was facing in her court, but was being held on the probation violation in Fifth District Court.

Rasmussen said Lawson's claim was false and "there's no evidence he was in Utah.

"That's the first I've ever heard of this," the defense attorney continued. "There's been a lot of misinformation, about this case, a lot rumors spread about the behavior of my client. He never was a fugitive, he's not a threat to the community.

"If anything, he's been a good Samaritan," Rasmussen added.

In a pre-emptive response to allegations by the sheriff's office that Tuck waited five months before turning the tape in, Rasmussen said that would all be explained in front of a jury.

Lawson added that Tuck was also facing pending charges in district court, to which Brisebill responded, "That's fine. District court can set their own bail."

The justice of the peace said Tuck was not familiar to her, indicating he had not been in her court before, but said she recognized the name as one that has been in Pahrump for quite some time.

Furthermore, she said, he is employed and has family support.

As such, she granted the defense's request even though the standard bail amount for felony charges was $5,000 per charge.

Tuck's release, however, is still contingent on whether his probation is reinstated at the district court level.

Outside the courtroom, Darrin Edward Tuck Sr., Tuck's father, vouched for his son's integrity.

"I think he tried to do the right thing, turn the tape in to the sheriff's office, and he landed in jail," the father said. "He tried to help get a dangerous person off the street."

He also explained that his son had been struggling with a methamphetamine addiction, which is what led him to not pay child support in the first place.

Linda Tuck, stepmother of the accused, added that Tuck had voluntarily enrolled in the drug court program in August.

"He was clean for a month, and then decided to turn the tape in as part of the (rehabilitation) process," she said. "He's not a hardened criminal."

His father added, "We do not believe he intentionally committed a crime."

Rasmussen said the allegations made by the Nye County Sheriff's Office, that Tuck showed the tape to other people, were simply "false," saying that he had not received any witness statements or other evidence countering his assertion.














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