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County commission panel to study inquest process
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GARY THOMPSON/LAS VEGAS REVIEW-JOURNAL
Clark County Sheriff Doug Gillespie listens as county commissioners discussed formation of a committee to review coroner's inquest rules for officer-involved shootings. Gillespie said he will represent his department on the committee. » Buy this photo
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Other county commissioners listen as Steve Sisolak, right, proposes creation of a panel to recommend changes in coroner's inquests into police-involved deaths. GARY THOMPSON/LAS VEGAS REVIEW-JOURNAL » Buy this photo
LAS VEGAS REVIEW-JOURNAL
Updated: Oct. 9, 2010 | 9:15 p.m.
Clark County commissioners Tuesday established a nine-member committee to examine the county's often-criticized coroner's inquest process for police-involved deaths.
The committee will have 45 days to study any aspects of the inquest process, including the contentious issue of whether a representative of the family should be allowed to cross-examine witnesses, before making its recommendations to the commission.
The effort is aimed at fixing a system that has been criticized by the advocates and the public for being one-sided.
"The thing that we need is fairness," Commission Chairman Rory Reid said.
Commissioner Steve Sisolak recommended the committee look at some specific issues he would like changed, such as requiring post-incident drug testing for police officers; ending the practice of having jurors declare if the shooting was justifiable, excusable or criminal; and allowing representatives of the family to participate in the pre-inquest hearing, which now is closed to them.
"I think we'll definitely see some changes," Sisolak said after the commission unanimously approved committee formation. "How substantive they will be will be up to the committee."
Two members of the group were named Tuesday: Christopher Blakesley, a UNLV Boyd School of Law professor who will chair the committee, and retired state Supreme Court Justice Bill Maupin. Each of the following groups also will nominate a representative to serve on the committee: the Las Vegas Metropolitan Police Department, American Civil Liberties Union of Nevada, National Association for the Advancement of Colored People, Las Vegas Police Protective Association, Clark County coroner's office, Clark County district attorney's office and Clark County public defender's office.
Clark County Sheriff Doug Gillespie said after the meeting he would serve on the committee on the department's behalf. Maggie McLetchie, staff attorney for the ACLU of Nevada, said she will represent her organization.
Committee meetings have yet to be scheduled. Commissioners said the meetings will be open to the public and public comment will be taken. They expect the committee to complete work by mid-November, and for the commission to take up the issue by Dec. 7.
Commissioners hope the strict deadline will head off issues that rose four years ago, when the commission convened a similar panel to look at overhauling the inquest process. That panel met for more than a year, during which time the panel members changed. The process was slow, but led to a revamp that included allowing the family to submit questions to the judge in writing.
The new committee will be taking up the same issues, said Gary Peck, who served on the first panel as then-executive director of the ACLU of Nevada.
He no longer works with the organization and will not serve on the new committee.
"It was evident from the first day the committee met what the sticking point was going to be," Peck said of the last effort. "And the sticking point was whether a representative of the family will be permitted to ask questions."
He said "all the rest of it will be window dressing," if the new effort does not result in more family involvement.
The issue is a critical one for the Las Vegas Police Protective Association, the Metropolitan Police Department's largest union. President Chris Collins called it a "deal-breaker" and said the union would recommend that its officers not testify during such an inquest. Officers always have testified during inquests.
Gillespie wouldn't say how he feels about the commissioners' proposed changes but said he welcomed their decision to form a committee to look at changes.
Commissioner Chris Giunchigliani wanted the panel to look at having a representative of the state attorney general, rather than the Clark County district attorney's office, handle the questioning during inquests. She also said the family of the deceased should be appointed an attorney if they can't afford one.
The coroner's inquest process, established in the 1960s to probe all civilian deaths at the hands of police officers, is written into Clark County code, and commissioners have the final say over the code. But some of the issues are not under the county's purview. Requiring after-incident drug and alcohol testing of officers, for example, would require a change in the contract between the department and its unions.
Talk of changes to the process has exploded in recent months following two controversial Las Vegas police shootings.
Trevon Cole, a 21-year-old father-to-be and small-time marijuana dealer, was killed during a mistake-riddled police raid on his home in June.
In July, Erik Scott, a 38-year-old West Point graduate, was shot and killed by three officers outside a Costco store in Summerlin. Inquest juries ruled both shootings justified.
Commissioners on Tuesday discussed doing away with jurors' verdicts, because the verdicts didn't match the "fact-finding" nature of the process. Sisolak said he didn't want to do away with juries because he felt they ask valuable questions of the witnesses.
Contact reporter Lawrence Mower at 383-0440 or lmower@reviewjournal.com
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Found a interesting quote the other day "Again, what invalidates these people...is that their agenda is constant..." RealityKingpin wrote that on July 26, 2010 12:04 PM: Has his agenda ever waivered? http://goo.gl/lgHg
Reality, I have told nothing but truths. Yet your posts are ALWAYS filled with assumptions and mythology. Between 1986 and 1997, more than 40 people were gunned down by spree killers in at least 20 incidents of workplace rage. In ten years 40 people. NATIONWIDE. Metro kills ten a year in Valley. Next time you post, do us a favor, include a verifiable fact to support your argument and give us the background that makes you such and expert. (A demand you make of us, yet never supply yourself). And, shootings aside, how can you defend Yant's perjury?
@reality. The problem is that I for one and probably many others don't believe that it would happen here. We have seen the Darling Case, Ubbens and Carpenter, Yant, all face no punishment. Yes, Ubbens and Carpenter have been charged, one with misdemeanor reckless driving, the other with felony reckless driving and misdemeanor vehicular manslaughter.
@reality. None, I just happen not to believe in shoot first ask questions later, and just remember to say 'I WAS AFRAID!!!!!!!!!!!'
That case is highly suspect to start..... But still totally irrelevant..... Why because if it is as it suggests then the same action would be taken here in Vegas......look Boone is saying there aren't whacks out there..... Postal workers have snapped and killed their coworkers many times.... Almost weekly some worker snaps and does this........ But the case of a cop just out for murder is rare...... No more so than a whacked out warehouse worker...... Go chase your black helicopters....... Ps... Tank.... How many meds you n bghs taking??? Tell the truth...I dare you
There is alot to be learned from looking at the AZ case. The Arizona officer had previous allegations of excessive force made against him, just as Yant and Mosher had prior kills.
The key difference is that another officer at the scene, a 14 year veteran of the force, had the courage to step forward and say that the young man that was killed was unarmed and did not pose a threat. The officer telling the truth was supported by Phoenix PD leadership instead of being made a pariah. Instead of attempting to "bury" the case by defending the police, the Maricopa County DA moved to investigate and prosecute the officer, not attack the victim's credibility.
All of this goes to the command climate set inside the department and the DA's office.
Of course, the police union is still defending the officer, even though a fellow officer at the scene stated that the victim was not a threat. Not much of a surprise there.
I'm tired of hearing Metro say that they can't meet the standards that are met on a daily basis by other departments across the country and that taxpayers have no right to criticize their performance. If that's the case, its' not the citizens that need to move as Jackson suggests. Maybe the Metro officers who feel this way that should resign.
@Jackson. I prefer to live in Las Vegas. I have roots here and have decided to make this community better. I too have been active and taken a stand. I have written letters to the County Commission, to my elected Members of Congress and the Department of Justice. I have taken my stand to say enough is enough, we will not stand for our citizens Constitutional rights to be trampled on and ignored. I like bghs, am part of the solution. Our voices have been heard, What have you done to be part of the solution? I have made my voice heard, and plan on voting on Nov. 2, and you can be pretty sure it will NOT be for Sheriff Gillespie.
Jackson: The inherent beauty of America is our ability to move? Really? Freedom of speech, your not a big fan of obviously. And how is wanting less death and accountability a sign of hate? It is our OBLIGATION as citizens of this great country to make our voices heard when we see change is needed. In fact, all us "complaining weasels" are in fact part of the solution. For our voices have helped educate the public to the true situations. And so far we are being heard, and change has taken place. In our silence, Gillespie had done nothing. And, yes, Sheriff is an elected position so I can simply vote for a new candidate. I can also campaign the Nevada AG's office to investigate the civil rights violations that Mr. Gillespie has chosen to ignore. I can urge the county commission to require serious change before they approve further civil settlements. That is me being part of the solution. If you don't like me standing up and voicing for change, then take your own advice. Move! I hear Iran is perfect for those who have such disdain for things like our Bill of Rights. Those apples were tasty indeed.
@Mike.Ault. Actually it probably should read, "In July, Erik Scott, a 38-year old West Point graduate who was under a doctors care for chronic pain, was shot and killed outside a Costco store in Summerlin after attempting to follow the conflict instructions of one officer who ordered him 'Put your hands up, drop it, get on the ground, get on the ground' in less than 7 seconds. His holstered pistol was found on the ground near his body."
"In July, Erik Scott, a 38-year-old West Point graduate, was shot and killed by three officers outside a Costco store in Summerlin. Inquest juries ruled both shootings justified."
Ummmm, Lawrence... If you are going to spin, try adding the key elements of the truth:
"In July, Erik Scott, a 38-year-old West Point graduate with near lethal levels of morphine and Xanax, was shot and killed by three officers outside a Costco store in Summerlin after drawing a weapon. Inquest juries ruled both shootings justified."