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Judge refuses to halt coroner's inquest

Relatives of ice cream truck driver sought delay

A federal judge heard arguments Wednesday before refusing to halt a coroner's inquest that is scheduled to begin this morning in Las Vegas.

Relatives of Deshira Selimaj, an ice cream truck driver who was shot and killed Feb. 12 by a Henderson police officer, had asked U.S. District Judge Larry Hicks to delay the hearing until authorities shared evidence with them.

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  • "The Selimaj family is certainly disappointed by the court's ruling but respects Judge Hicks and the time he gave this matter on short notice," said attorney James Jimmerson. "His finding that there are no property rights of the family to compel the delivery of police reports or the coroner's autopsy report to the deceased's family highlights the unfortunate, one-sided nature of a coroner's inquest as it exists in Clark County."

    Gary Peck, executive director of the American Civil Liberties Union of Nevada and an outspoken critic of the coroner's inquest system, also expressed his disappointment in the ruling.

    "In essence, the court's order reinforces the legitimacy of our complaint about the unfairness of the process by underscoring how little relevant information the family is entitled to," he said.

    Selimaj's husband, Zyber, and three sons filed a lawsuit Friday in District Court against the city of Henderson, police Chief Richard Perkins, Clark County and District Attorney David Roger. On Monday, the defendants moved the case to federal court.

    According to the complaint, the defendants have refused to give the Selimaj family information about the fatal shooting, including the autopsy report and recordings of interviews with the two Selimaj children who witnessed the incident. The lawsuit sought a court order requiring the defendants to turn over the information at least 24 hours before the start of the inquest.

    Hicks, who was presiding over a trial Wednesday in Reno, took an afternoon break to conduct a telephonic hearing on the Selimaj matter.

    Mario Lovato, another attorney representing the Selimaj family, told the judge that criticism of the inquest process led to a change that allows "interested parties" to participate.

    The ordinance pertaining to inquests was amended last year to allow "interested parties," including relatives of the person who was killed, to submit questions in writing to the presiding officer, who in turn decides whether to ask them.

    Lovato said the Selimaj family voluntarily turned over the names of all witnesses they had found, but police and prosecutors have said they will share no evidence with the family until after the inquest.

    "The rights that have been given to the family as interested parties have to mean something," the lawyer said.

    Attorney Peter Angulo, who represents the defendants, described an inquest as an investigative hearing that is "quasi-criminal." He said private individuals have no legal standing in criminal cases unless they are defendants.

    Inquests are held in Clark County whenever someone is killed by a police officer. Attorneys from Roger's office conduct the hearings and are required to act as a "neutral presenter of facts."

    After hearing the evidence, a jury is asked to determine whether the killing was justifiable, excusable or criminal. The verdict is advisory.

    "Regardless of the findings, it has no legal effect upon the rights of the plaintiffs in this case," Hicks said.

    The judge said Selimaj family members may pursue a lawsuit regardless of the jury's verdict. However, he said he was greatly concerned that neither the Clark County Commission nor the Legislature had established discovery rights for interested parties involved in inquests.

    Discovery is the legal term for the sharing of information between the parties involved in a court case.

    "In this case, the Clark County Code does not grant plaintiffs any right other than to present questions in writing to the presiding officer," Hicks wrote in an eight-page order, which he issued late Wednesday.

    Peck said the order does not bar the government from sharing information with the Selimaj family.

    "As such, it remains the case that the government's obstinacy in this regard is indefensible," he said.

    ACLU attorney Allen Lichtenstein said the order did not defend the inquest process.

    "What it pointed out is that there is little process in providing adequate information to the advocates of the deceased, and this once again shows that the complaints that we at the ACLU have been making all along about the fundamental unfairness of the process still apply," he said.

    Angulo said he was pleased with the ruling. He said his clients "feel the process is fair as it stands for what it's designed to do."

    The Selimaj inquest will be held at the Regional Justice Center and is expected to last two days.

    "We do look forward to participating in the upcoming coroner's inquest to the extent we are permitted by law," Jimmerson said.

    Deshira Selimaj, 42, was fatally shot by officer Luke Morrison, 23, after she came to the aid of her husband, who had been stopped by police at an intersection near Coronado High School. Police had accused her husband of speeding and failing to obey a stop sign.

    Both Deshira and Zyber Selimaj, who are Albanian immigrants, were driving ice cream trucks. Deshira Selimaj arrived at the scene with the couple's 5-year-old and 11-year-old sons. Their 7-year-old son was not present.

    Perkins told reporters Deshira Selimaj had threatened her children, herself and officers with a knife. He said officers attempted to subdue her with a stun gun, but the attempt failed.

    Zyber Selimaj was arrested at the scene on a misdemeanor obstruction charge, which is pending.

    Contact reporter Carri Geer Thevenot at cgeer@reviewjournal.com or 702-383-0264.



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    Ted wrote on April 11, 2008 08:41 AM: I was with the Green Berets in Vietnam. I wouldn't be that afraid of some wacko coming at me with a knife, because I'm trained in how to react to that. What is really scary is that you are not legally allowed self defense against a punk with a gun and a badge.


    Fred wrote on April 10, 2008 02:37 PM: There's way too many discrepancies with this story. A whole lot of witnesses didn't see a knife at all. And what now of the witness statements that she was actually sitting down when she was shot? It sure smells like a cover-up from HPD. If the officer shot her accidentally then say so. Cover-ups make things much worse. Also, the story I read was that it was her husband who called her to the scene, not the cops, because of the language barrier. So enough about how "nice" the cops were. I just hope these people get a fair inquest but the odds are tremendously against them.


    No Name wrote on April 10, 2008 02:37 PM: oldlawdog - the procedure, as it's presently written, is to determine if the death at the hands of law enforcement is justified, excusable, or criminal. This is done by presenting the facts developed through the investigation of the incident. It is not a criminal proceeding, consequently, it is not supposed to be adversarial.

    I'm not missing the point. The point is simple, follow the procedure as it currently exists. And if you don't like that procedure, work to get it changed.

    Quite honestly, you should be thrilled every time they find a shooting justified. This at least tells me the officers are following department policy and procedures. What more could I ask for?


    fluffy wrote on April 10, 2008 02:24 PM: "What are the Henderson Police and Sheriff afraid of?"

    I don't know what they ARE afraid of, but they SHOULD be afraid of running afoul of a growing percentage of the citizenry that will begin to refuse to tolerate a police state.


    oldlawdawg wrote on April 10, 2008 01:26 PM: NO NAME: You seem to be missing the point. The allegation is that the the procedures for a Coroner’s inquest in Clark County results in proceedings that are adversarial to the victims/survivors and protective of the killers simply because they wear badges.

    The Coroner's inquest is a biased, rubber stamp process which has the effect of short-circuiting criminal prosecution of officers involved in shootings because the inquest usually results in findings favorable to officers involved. The inquest is by no means a substitute for a trial, but there is seldom a trial at all if the inquest issues a determination favorable to the officers. There should be no reason why this unfortunate incident is not investigated by a neutral law enforcement agency, such as the FBI since there is a federal civil rights violation, with the evidence gathered during that investigation either presented to a grand jury for possible indictment, or used to justify arrest at the behest of the DA which then entitles the accused to a preliminary hearing. If the grand jury indicts or the judge presiding over the preliminary hearing determines that the evidence is sufficient to bind the officers over for trial, those officers would be tried for murder and lesser included offenses, such as manslaughter, just like anybody else who has committed a homicide. Moreover, the precise complaint here is that the Coroner is refusing to share evidence with the survivors of the victims which they can use in civil proceedings for wrongful death, even though the findings of the inquest are advisory only, whereas other jurisdictions require all evidence gathered by the Coroner to be made available along with the findings and recommendations, even if only to the survivors.

    The Coroner's inquest system in Clark County does not serve justice.


    The Truth Hurts wrote on April 10, 2008 01:26 PM: Comply with the order's of the officer, and you'll live another day.

    It's as simple as that.


    Good Job HPD!!!!!! wrote on April 10, 2008 01:24 PM: Support the police and I am a Nazi skinhead?

    The tragic series of events all started with the moron refusing to sign a ticket.....

    The cops were nice and asked the wife to come get the truck. Lil' did they know she was whackier than her husband. Threats of violence to kill officers, kids, and herself were dealt with. She decided to act on her threat to the officers and paid the price.

    Sure, undr cvr, call me a loose cannon or call me a person with common sense. Something liberals and cop bashers seem to lack!


    undr cvr wrote on April 10, 2008 12:51 PM: Good job HPD

    There is some merit to the logic of being wary of people with guns, cops or no cops...but your attitude sucks!!!!

    What are you a skin head? Neo Nazi? white supremacist? or just a loose cannon?


    danielle wrote on April 10, 2008 11:46 AM: Henderson police are the ones that pulled over Chester the Molester Stiles.
    They should have shot him like they did this poor woman.


    Good job HPD wrote on April 10, 2008 11:05 AM: The whacky story will come out.... will that quiet all the naysayers here?

    Nope.... funny, the last henderson shooting had similar lame witnesses.... well, the media told us that.

    Of course, they all refused to give statements or even testify.

    She brought a knife to a gun fight.... and people are surprised at the outcome?

    All of this could have been prevented if:
    Her husband signed the ticket, instead of refusing
    She didn't show up at the scene threatening her child's life
    She didn't come at the officers with a knife


    And for the usual morons that say the cops should have taken away a knife, you guys are clueless and need to leave fantasyland. Do you want to risk getting cut, stabbed or killed because the movies say you can do it and you won;t get hurt? Reality is you will get cut... how bad is the real question. Not a risk I would take or recommend when the person with the knife is the one deciding their own fate


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