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DA's Error Leads to Release of Suspect in Harrah's Shooting

LAS VEGAS, Nevada – Sept. 18, 2000 -- A lack of communication within the Clark County district attorney's office is being blamed for the release last week of one of the two men charged in the fatal shooting of a California tourist at Harrah's hotel casino.

Chief Deputy District Attorney David Schwartz said this morning that Michael Adam Frimmel, 31, was mistakenly released from the Clark County Detention Center Wednesday and is still at large.

Justice of the Peace James Bixler ordered Frimmel's release when the Clark County district attorney's office failed to file a criminal complaint on a related credit card fraud case within the statutory deadline.

The murder charge against Frimmel and his co-defendant, Stephen Toby Mullen Jr., 32, wasn't filed until Friday.

"I knew they had a case pending in Department One, but I can't hold him on my case without a complaint being filed," Bixler said.

As a result, Frimmel was released on his own recognizance and given a November court date.

Frimmel was not present this morning when Justice of Peace Deborah Lippis set an Oct. 2 preliminary hearing date for him and Mullen.

Chief Deputy District Attorney William Koot said that when Frimmel was originally arrested, he was jailed on a murder charge in connection with Heather Vitarelli's Sept. 8 death at Harrah's.

However, Lippis did not believe there was enough evidence to hold him, and the charge was dismissed, Koot said. Frimmel was then arrested on the credit card fraud case and ordered to appear before Bixler.

Bixler gave the deputy district attorney extra time to file a criminal complaint on the credit card case, but the district attorney still failed to file it in time, Koot said.

"I think the deputy district attorney was unaware that there was a more serious offense connected to the credit card case and so there wasn't a sense of urgency," Koot said. "It was definitely a lack of communication within our office that caused Frimmel to be released."

Koot said that fraud cases often are more difficult to assemble than crimes of violence because of the paperwork involved. In this fraud case, two search warrants were conducted, videotapes had to be seized and watched and store clerks had to be located and questioned.

Hopefully, Frimmel will be found and booked back into jail on the murder charge, Koot said.

According to a criminal complaint filed Friday, Mullen and Frimmel are both responsible for Vitarelli's shooting death at Harrah's.

The criminal complaint states that although Mullen actually shot Vitarelli, both he and Frimmel can be held liable for her death because it happened as a result of a premeditated plan and during the commission of another felony.

Police believe that the men began planning a series of burglaries on Sept. 5 and their plan ended with Vitarelli's death three days later.

The pair's crime spree apparently began Sept. 5 when they reportedly stole the wallet of a Harrah's customer. The criminal complaint alleges the men used credit cards found in the wallet.

Two days later, the men went back to Harrah's and stole cash from one woman and the purse of another. Inside the purse was more than $2,500 worth of money and personal belongings.

Suspecting the men of the thefts, Harrah's security guards confronted them.

As Frimmel ran off, Mullen was tackled by guards. Police said that while the guards struggled to handcuff him, he fired two shots with the gun.

One of the shots struck security guard Frank Willis in the abdomen and another hit Vitarelli in the back as she stood oblivious to the struggle 35 feet away.

The security officers were then able to get the gun from Mullen and handcuff him. Other officers caught Frimmel.

The criminal complaint charges each of them 20 criminal counts ranging from murder to petty larceny.

Mullen also has been charged with being an ex-felon in possession of a firearm. According to the complaint, he has been convicted in Texas, Oklahoma and Florida on such charges as felony theft of property, theft of a motor vehicle, carrying a concealed weapon and being in possession of a short-barreled shotgun.

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