By Associated Press - Friday, February 28, 2014

GERING, Neb. (AP) - A defense lawyer says his client didn’t intend for a Scotts Bluff County jail guard to be killed or seriously injured in an attack by another teen inmate.

Attorney William Madelung told a judge Thursday that 16-year-old Guy Eagle Elk told 15-year-old Dylan Cardeilhac how to choke the guard only into unconsciousness so her jail keys could be taken.

Eagle Elk, of Lisco, Neb., is charged with aiding and abetting in the Feb. 14 slaying of Amanda Baker on Feb. 14. Cardeilhac, of Torrington, Wyo., is charged with first-degree murder. Authorities say security video showed Cardeilhac luring Baker, 24, into his cell, pouncing on her and strangling her from behind after they fell to the floor.

Both boys are charged as adults.

Nebraska State Patrol investigator Lundgren testified at the hearing that Eagle Elk said he’d based his advice to Cardeilhac on his knowledge from the “pass out” game. In the game, teenagers choke each other until they pass out and then experience a high of sorts when they regain consciousness.



Eagle Elk said he had advised Cardeilhac to choke Baker for 25 to 30 seconds in order to disable her. Court affidavits say the attack lasted 2 minutes and 37 seconds.

Eagle Elk and Cardeilhac discussed different ways to bait Baker into entering the cell, including asking for a pain reliever or a towel or reporting that there was a mouse or rat in the cell.

Lundgren also said Eagle Elk acknowledged taunting Cardeilhac into going through on his plans to attack Baker and escape when Cardeilhac expressed some reservations.

The judge ordered Eagle Elk’s case advanced to district court for trial. Cardeilhac is scheduled for district court arraignment on March 17.

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