Las Vegas Criminal Defense Blog

Today, forty-year-old James Clayton, a former North Las Vegas police officer, is expected to plead guilty in Clark County District Court to attempted misconduct and oppression under color of office. He was originally arrested back in December for felony misconduct, felony oppression under color of office, and misdemeanor indecent exposure for allegedly seeking dates and sexual favors from women drivers during traffic stops.

Clayton worked as a police officer in North Las Vegas from 2005 to early 2009, when he was fired after the arrest. He faces up to five years in jail total, the final sentence to be determined by the judge at Clark County District Court.

Las Vegas Metro has a Citizen Review Board, made up of twenty-five citizens, whose purpose is to receive and investigate complaints of police misconduct. All complaints must be in writing, signed, and submitted to 310 South Third Street, Suite 319, Las Vegas, Nevada, 89155.

Twenty-year-old Jonathan Weaver was charged in June with child abuse, child endangerment, kidnapping, and attempted murder in Nevada for allegedly tying up his girlfriend's children so he could go to a bar to watch a basketball game. Yesterday he pleaded not guilty in Clark County District Court.

In June, Weaver's neighbor called the cops after hearing children crying in a garage. Las Vegas Metro found two infant boys tied in their car seats. They were also hooded and had been there for two hours. The police claim Weaver was angry he had to babysit the kids and tied them up so he could go watch the NBA Finals Match-up at a bar.

Attempted murder in Nevada may carry the death penalty unless mitigating factors outweigh the aggravating factors.

Over Labor Day weekend, Henderson police arrested Metro Officer Lourdes Smith after she allegedly committed the misdemeanors of property damage and imitation firearm in Nevada against her neighbors, the Trice family. The Trices reportedly have security camera footage of her aiming a pellet rifle towards the Trices’ home. When the Henderson police were called on this incident, Officer Smith allegedly became angry and made a “taunting hand gesture.”

The Trices claim Officer Smith had been harassing their family for years. The mother, Victoria, says, "There's been death threats that she's going to shoot me until I stop moving. There's been threats to do harm to my house, don't swim in your pool, watch your children. They will believe me before they believe you. You're just a citizen. I'm a Metro officer." According to police records, Henderson cops have tried on five different occasions to serve Officer Smith with a TPO.

Officer Smith will soon be arraigned for property damage and imitation firearm in Nevada. Las Vegas Metro is also conducting an internal investigation.

The Office of Criminal Justice Assistance granted $350,000 to Carson City, Lyon County and Douglas County to create a regional gang initiative. Carson City Sheriff Kenny Furlong explained that having a three-county team will help control the growing gang issues plaguing the area: “The grant acknowledges that gangs do not recognize our county lines. They often live, function and create discord in many different areas at the same time . . . This characteristic requires intense multi-agency cooperation and communications.”

The grant is just another step in northern Nevada's crackdown on gang crimes in Nevada. In 2007, Carson City created two deputy jobs devoted to combating street level drugs. The following year, the team was expanded to four people. Carson City also received a grant of nearly $30,000 to create the Edward Byrne Justice Assistance Program. Part of this new grant will go to secondary school prevention classes and enabling the three counties to share information.

Gang crimes in Nevada can result in hefty penalties and devastating consequences for non-citizens, who may be deported for many gang-related activities.

The Marijuana Policy Project of Nevada, whose mission is to reform the harsh marijuana laws in Nevada, announced today that they will give $10,000 to any state resident who can demonstrate that alcohol is safer than marijuana. Specifically, contestants have to disprove the following three statements using peer-reviewed papers and government studies as proof:

1. Alcohol is significantly more toxic than marijuana, making death by overdose far more likely with alcohol.


2. The health effects from long-term alcohol consumption cause tens of thousands of more deaths in the U.S. annually than the health effects from the long-term consumption of marijuana.


3. Violent crime committed by individuals intoxicated by alcohol is far more prevalent in the U.S. than violent crime committed by individuals intoxicated by marijuana only.

Continue reading " Marijuana Policy Project to Give $10,000 to Anyone Who Proves Alcohol is Safer than Marijuana " »

On Sunday authorities rescued about three hundred roosters in Las Vegas near Lamb and Lake Mead as part of a major cockfighting bust. Las Vegas Metro believes that the roosters were being bred and trained for fighting. Unfortunately, as Las Vegas criminal defense attorney Michael Becker predicts, the birds will probably be put down because they’re so aggressive.

Director of Lied Animal Shelter Operations Jason Smith explains how cock-fighting is often linked to other crimes as well: "We get a blood-sport like that... there's money changing hands, you're almost guaranteed to have armed robbers, rapists, murderers, felons, drug dealers. That's the entertainment they like to view on a Friday or Saturday night."

A first offense for organizing cock-fighting is a gross misdemeanor, punishable by a year in jail. Las Vegas criminal defense attorney Michael Becker points out, though, that organizing dog-fighting is an automatic felony, carrying up to four years in prison. A first offense for merely witnessing animal-fighting is just a misdemeanor, punishable by six months in jail. (NRS 574.070)

Jermaine Charles Hoffman, the infamous “coffee shop burglar” who allegedly committed several robberies of various Carson City stores, has been sentenced to up to fifty years in prison. In July, he pleaded guilty to burglary in Nevada, grand larceny of a firearm, attempted robbery with a deadly weapon and battery with a deadly weapon. The latter charges refer to an incident where he fired two rounds at a coffee shop owner before escaping the restaurant empty-handed.

Hoffman was originally arrested in February at a traffic stop. There, officers discovered a duffel bag holding masks, bolt cutters, gun silencers and several stolen handguns. A subsequent search of his home uncovered other stolen weapons. Some of the Carson City establishments Hoffman allegedly stole from include True Value Hardware Store, Fritsch Elementary School, Carson Jewelry, Kragen Auto Store, and a vitamin shop.

Burglary in Nevada is a category B felony, carrying one to ten years in prison and a $10,000 fine. If a weapon is involved, the sentence is increased to two to fifteen years. Hoffman is eligible for parole after ten years.

Children’s Health Magazine just ranked Las Vegas as one of the worst cities to raise a family in, partly due to crime statistics from the FBI Uniform Crime Reports. Although the city was average with regard to violent crimes per capita, it ranked very high in sex offenders per capita and missing children per capita. But as Las Vegas criminal defense attorney Michael Becker explains, “Las Vegas’s low ranking had more to do with bad schools than with violence.”

Indeed, the study looked at several categories in addition to crime to determine all the cities’ rank, such as health, housing, economics, cultural attractions, and education. Las Vegas has a poor graduation rate, a low number of advanced degrees per capita, a low amount of state money being put towards each student, and a high ratio between teachers and pupils.

This study looked at one hundred cities. Burlington, Vermont, ranked number one as the best city to raise a child. Detroit, Michigan took the one hundred spot, meaning it was the worst of all the cities studied to raise a child. Las Vegas took the ninety-second spot. But Las Vegas criminal defense attorney Michael Becker points out, “These numbers are very subjective.”

Yesterday, Mauricio Melendez was sentenced to life in prison following his July conviction of first-degree murder in Nevada. In August, 2008, police were called to his apartment, where they found his wife dead with a bullet in her head. Melendez claimed they were drunk and was showing her how to use his gun, but one of his co-workers told police that Melendez wanted to kill his wife.

Melendez is eligible for parole after twenty years for the conviction of first-degree murder in Nevada. However, he was also sentenced to an additional twenty years with parole after eight for using a deadly weapon. Since he was given credit for the year he's already spent in prison, he's eligible for parole in twenty-seven years.

Murder in Nevada may carry the death penalty, but only if there's an aggravating circumstance that's not outweighed by any mitigating circumstances.

The North Las Vegas Police Department put up a new interactive crime map which will allow users to search for all crimes reported in North Las Vegas in the past ninety days. Users will be able to see which specific crimes have been allegedly committed near certain addresses, intersections, schools etc.

If someone is arrested for a crime in North Las Vegas, they will likely be booked at the North Las Vegas Detention Center. The North Las Vegas Detention Center is a large facility that holds not only local inmates but also overflow from the Clark County Detention Center, the FBI, Immigration and Naturalization Service, and U.S. Marshall Service.

To use the interactive crime map for North Las Vegas, go to http://crimeview.cityofnorthlasvegas.com.

On Monday morning, police arrested Reno resident Shawn Newman for child abuse and battery in Nevada after allegedly belting his son and then a bystander who tried to intervene. Newman had been walking his son to school when the argument started. Once he allegedly struck the bystander, who fought back, neighbors called authorities and managed to separate the two until the Reno police arrived.

According to police, both the son and bystander suffered injuries, though they are minor. Newman was booked in the Washoe County Jail on $4,115.00 bail.

Battery in Nevada without a deadly weapon and with no substantial bodily injury is a misdemeanor, carrying a $1,000 fine and up to six months in jail. The judge may impose community service instead.

The LVMPD are reporting a substantial drop in murder, burglaries, and auto theft in Las Vegas. In addition, there’s been a five-to-six percent drop in robberies, larcenies and aggravated assaults.

Metro Deputy Chief Gary Schofield credits this decrease in crime in part to neighborhood watch groups and similar programs: "We feel that it's been a fantastic effort between us and the community working jointly in the last year or so just to bring crime rates down." He goes on to say that little precautions on everyone’s part make a big difference in the long run: "Something as simple as auto theft [in Las Vegas], that took a joint effort between us, the media, the auto insurance and the citizens out there implementing programs like ‘Stop - Lock Your Car Up.' Something really simple, but has a huge impact.”

These latest statistics come from police crime reports, which are then forwarded to the FBI.

On Thursday Las Vegas Nevada State Bank executive David Hiner was arrested for open and gross lewdness in Las Vegas for allegedly putting his hand down a man's pants after a July business meeting. The victim said he didn't report Hiner earlier because of embarrassment. He also said Hiner "flirted" with him in the months leading up to the touching, and that the bank refused to pay for the counseling he requested.

Hiner denied the charges and was placed on paid suspension. Hiner believes the victim fabricated the story to punish Hiner for not sending him any business.

Open and gross lewdness in Las Vegas, like domestic violence, is one of the more frequently falsely-accused offenses because police don't need physical proof to make an arrest, and people may play the victim card out of revenge. A first conviction is a gross misdemeanor, carrying a year in jail. A second conviction is a category D felony, carrying up to four years.

Alica Wegner, who pled to second-degree murder in Nevada for the 1997 death of an infant, was sentenced in the Regional Justice Center yesterday to 10 years to life. The baby, Kierra Harrison, had died of massive had trauma a couple days after having been in Wegner's care.

Originally, Wegner was convicted of first degree murder in 1998, but her conviction was overturned in 2000 due to bad jury instructions. This past July, Wegner entered an Alford plea to second-degree murder in Nevada--admitting that there was sufficient evidence to convict her without actually conceding to any wrongdoing.

Since Wegner served three years in prison prior to the conviction being overturned, she was given three years credit for time served, making her eligible for parole in seven years.

Las Vegas recently landed the number 4 spot on the Forbes list of most dangerous cities. Some of the factors contributing to this ranking are the burst of the housing bubble, which led to rising foreclosures and unemployment. These, in turn, draw criminals who “squat” in foreclosed homes or who burgle the houses bare.

In calculating the “most dangerous cities” list, Forbes used the FBI’s 2008 uniform crime report and cited rising foreclosures as one of the reasons for the high crime statistics. Forbes calls Las Vegas “even emptier than Detroit.”

Burglary in Nevada includes the entry into any home with the intent to commit larceny, assault, battery, any felony, or to obtain money or property by false pretenses. Burglary in Nevada is a Category B felony, carrying one to ten years in state prison and a $10,000 fine.

Source report: http://www.forbes.com/2009/04/23/most-dangerous-cities-lifestyle-real-estate-dangerous-american-cities.html

The Jaycee Lee Dugard kidnapping case has prompted parole officers in Nevada to search the backyards of the sex offenders under their supervision. In addition, they’re also checking satellite images of their residences on Google Earth. In an effort to crack down on sex crimes in Nevada, Governor Jim Gibbons said he wants to make sure "that our officers are checking things they may have bypassed in the past."

According to a legislative audit released last year, the Nevada Division of Parole and Probation (http://dps.nv.gov/npp/index.shtml) isn’t always meeting their standards: Thirty-one percent of the time, parole officers neglected to meet their twice-monthly requirement to visit sex offenders. And nearly fifty percent of the time, parole officers didn’t take the required DNA samples from the sex offenders. Since, then, however, these problems have reportedly been addressed.

Continue reading " Dugard Case Prompts NV Parole Officers to Check Sex Offenders' Backyards " »

Nevada Governor Jim Gibbons announced Friday that he will be creating a Nevada Crime Commission, which will examine state crime problems and suggest creative ways to fight them. Gibbons explained, “One of the primary purposes of government is to protect citizens from criminals. I plan to create the Nevada Crime Commission to explore new ways to reduce crime in Nevada and find real solutions to ‘current day’ crime problems.”

In its effort to understand and fight crime trends in Nevada, the commission will be able to create its own task forces and seek funding and grants. Some of the specific crime areas the Nevada Crime Commission will target include mortgage fraud, Medicare/Medicaid fraud, internet crime, gang crimes, prescription drug abuse, and immigration crimes in Nevada.

The Nevada Crime Commission will be made up of law enforcement officers, prosecutors, various business and community leaders, activists, and representatives of various crime victims groups. It will also include appropriate federal agencies; for instance, members from the U.S. Citizenship and Immigration Services will be invited to participate to help combat immigration crimes in Nevada.

Last Wednesday a Clark County jury sentenced convicted murderer Thomas Richardson to death for the 2005 killing of 91-year-old Estelle Feldman and her grandson, Steven Folker. Richardson was convicted of robbing them as well, netting $400. The killing was carried out with a claw hammer.

The most damning testimony in the trial came from Richardson’s girlfriend’s son, Robert Denhart, who allegedly helped him with the murders. In exchange for the testimony and his guilty plea to first-degree murder in Las Vegas, Denhart will probably receive a prison sentence of twenty-four to eighty years.

First-degree murder in Las Vegas is one of the few Nevada crimes that potentially carries the death penalty. The appeals process may take ten years or more.

Last week, a jury found Porfirio Duarte-Herrera and Omar Rueda-Denvers guilty of murder and attempted murder in Las Vegas for a 2007 case where they allegedly conspired to kill Luxor employee Willebaldo Dorantes Antonio. Today, the two undocumented aliens were sentenced to life in prison without the possibility of parole.

In the case, Duarte-Herrera allegedly left a tiny bomb in a coffee cup on top of Antonio’s car while Antonio was working at the casino’s Nathan’s Hot Dog stand. The bomb detonated when the twenty-four-year-old went to his car after his shift ended. He perished in front of his girlfriend, who used to date Rueda-Denvers.

Attempted murder in Las Vegas can potentially carry the death penalty. But if mitigating factors are found to outweigh the aggravating factors, the death penalty cannot be imposed.

July’s arrest of African-American Harvard professor Henry Louis Gates, Jr., by a Caucasian police officer reinvigorated the debate about whether racial bias influences police behavior. Two weeks ago, several police departments in Nevada held a candid panel discussion at Las Vegas City Hall on the issue.

Although officers conceded that some police harbored a bias, they assured the audience they’re doing everything to counteract it. Furthermore, some drug crime in Nevada statistics that appear to be the result of racial profiling are completely innocent: The fact that more minorities than Caucasians are incarcerated for crack cocaine is simply because it’s a drug crime in Nevada more frequently committed by minorities. (Caucasians, on the other hand, more frequently commit possession of powder cocaine, which carries less severe penalties.)

Other discussions and workshops on the controversy of racial profiling by police officers are being organized by the NAACP. The next one will be sometime in November.

Yesterday was the first day of classes for seventy-one schools in the Reno-Sparks-Carson City area, and traffic cops were out in full-force to ensure the 15 mph limit in school zones was being followed. All in all, officers handed out more than a dozen traffic citations in Nevada and made one arrest for DUI.

Sparks Lt. Chad Hawkins summed up yesterday’s efforts: “It went pretty well overall. Some people were caught off-guard. It was a reminder that we’re enforcing school zones.” Sgt. Harry Dixon explained that they handed out several warnings as well as tickets: “We try to issue as many warnings as we can as a reminder. If they’re doing 5 or 6 mph over the limit, we may just stop them and say, ‘Hey, see that flashing yellow light? It’s there for a reason.’”

Traffic citations in Nevada can usually be negotiated down to non-moving violations as long as you pay a fee and maybe complete a traffic safety school program. Ignoring traffic citations may result in a bench warrant for your arrest.