Two Las Vegas policemen are on paid leave after an officer was caught on videotape punching a handcuffed man in the head at a downtown casino.

Police are investigating whether the officer's supervisor covered up the incident after obtaining a copy of the tape.

A Las Vegas attorney said the victim of the Nov. 7 beating, 33-year-old Frankie Davis, suffered a broken neck during the altercation at the Las Vegas Club and plans to file a lawsuit.

A bloody gang war claimed more than a dozen young lives, and the political wars over Yucca Mountain raged on.

Harry Reid continued his rise up the U.S. Senate's political ladder, and Michael Mack's career almost collapsed amid financial and ethics woes.

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The inquiry, which was announced on the same day a federal lawsuit was filed in the matter, will determine whether officer David D. Miller should face prosecution for punching handcuffed suspect Frankie Davis on Nov. 7 at the Las Vegas Club.

"We will conduct a thorough investigation and leave no fact unchecked," Las Vegas police Sgt. Chris Darcy said.

District Attorney Stewart Bell said he spoke with Clark County Sheriff Jerry Keller on Wednesday morning about the tape and that Keller told him a case file eventually will be forwarded to Clark County prosecutors for consideration.

"The criminal investigation, when completed, will be submitted to this office for review," Bell said. "We'll assess the provable facts as they relate to the law and then decide if any violations have occurred."

An attorney with the Las Vegas Police Protective Association said Wednesday that Miller did nothing wrong.

Union attorney John Dean Harper said Davis was combative, kicking the officer and trying to spit on him. He said Miller's response was measured and appropriate.

"It appears to me it is well within the requisite force that an officer is entitled to use," Harper said. He said he is "certain there is no intent to warrant criminal charges."

The incident was captured on video by surveillance cameras at the Las Vegas Club, located at Fremont and Main streets. The tape was released to the media Monday by Davis' civil attorney, Barry Levinson.

On Wednesday, Levinson filed a civil rights lawsuit in U.S. District Court on behalf of Davis. The complaint seeks at least $11 million in damages.

Named as defendants in the lawsuit are the city of Las Vegas; the Metropolitan Police Department; Miller; Miller's supervisor, Sgt. Leonard Marshall; the Las Vegas Club; and several of the resort's employees.

According to the complaint, two Las Vegas Club security officers went to the 15th floor around 12:30 a.m. and took Davis into custody for prowling. The lawsuit identifies those officers only by their last names: Mundell and Mabe.

The document alleges that security officers later watched as Miller slammed Davis against the wall in the security room. The police officer then took Davis into the hallway, according to the document.

Miller "then proceeded to forcefully slam plaintiff Frankie Davis' head at least twice against the wall of the hallway with such force that a mark was left in the wall," the complaint alleges.

Levinson said Davis suffered a broken neck at the hands of Miller. Davis will require surgery and currently has his neck secured by a metal halo, the lawyer said.

The Las Vegas Club declined comment on this story.

On the videotape, Davis is shown handcuffed in a security room when Miller arrives. A slight struggle ensues before the camera jumps to another scene.

Moments later, the camera returns to Davis and the officer, who are in a hallway. Davis is on his belly, hands still behind his back, being searched by Miller when the officer throws a right jab to Davis' head. Davis was only partially visible in this portion of the videotape.

Davis eventually was booked at the Las Vegas City Jail on a trespassing charge. There, he complained of being injured, prompting city detention officials to investigate. They eventually uncovered the tape and forwarded it to Las Vegas police.

Clark County Undersheriff Richard Winget said Monday that Marshall, who supervises Miller, obtained a copy of the tape on the night of the incident. Yet police administrators did not learn of the matter until mid-December.

Winget said Miller and Marshall have been placed on leave with pay pending completion of an Internal Affairs Bureau investigation. The internal investigation is separate from the criminal inquiry.

Winget said Miller's internal investigation will determine whether the officer used excessive force. The investigation into Marshall's conduct will determine whether Marshall engaged in neglect of duty for failing to report the matter promptly to the chain of command.

On Tuesday, Levinson appeared on behalf of Davis in Las Vegas Municipal Court to enter the plea to the misdemeanor obstruction charge.

According to a criminal complaint, Davis is accused of not giving Miller his wallet and identification.

Police Sgt. Chris Darcy said Internal Affairs Bureau investigations into Miller and Marshall are pending.

Copyright © Las Vegas Review-Journal, 1997 - 2004

Washington, who denied that he had sexually harassed Sylvester, was terminated the following month.

Sean McGowan, North Las Vegas city attorney, said an arbitrator later upheld the decision to fire Washington.

"We felt vindicated in the arbitration," he said.

Defendants in Washington's lawsuit include the city of North Las Vegas, the North Las Vegas Police Department, the North Las Vegas Police Officers Association and Sylvester.

The complaint alleges that Washington's due process rights were violated when he was forced to take the voice-stress analyzer test.

According to the lawsuit, the department and the police union "knew or should have known about the constitutional and statutory law prohibiting an officer from being compelled to take a polygraph examination."

The lawsuit accuses Sylvester of libel and slander. Washington, who is represented by Las Vegas attorney Barry Levinson, is seeking $1.5 million in damages.

All contents copyright 2002 Las Vegas SUN, Inc.

All contents copyright 2002 Las Vegas SUN, Inc.

His first wife, Lorena Bobbitt, was found innocent by reason of insanity in the assault. She argued that Bobbitt abused her.

All contents copyright 2002 Las Vegas SUN, Inc.

Lawsuit filed in death of nursing home resident
October 25, 2002
Las Vegas Review Journal

The death of a 66-year-old man who walked out of a Las Vegas nursing home this summer has prompted a lawsuit against the nursing home and others.

According to the lawsuit filed Wednesday in District Court by attorney Barry Levinson, Leslie Dean Arnold suffered from dementia and Parkinson's disease when he was admitted in August to the Village Oaks at Las Vegas Assisted Living, 3025 Russell Road.

Levinson said that on Sept. 16, Arnold was unsupervised by nursing home staffers when he walked out of the home and failed to return. A manhunt ensued but Arnold was not immediately found.

Nearly two weeks later, Arnold's body was discovered about 50 feet away from the nursing home. Levinson said a cause of death is still not clear, but the attorney alleged that the nursing home and its owners were negligent in its supervision and handling of Arnold.

"I don't think they were doing their job," said Arnold's wife of 49 years, Betty. "It's a shame that this had to happen."

Officials at Village Oaks referred requests for comment to an out-of-state attorney who could not be reached late Wednesday afternoon.

The lawsuit is filed on behalf of Betty Lou Arnold, her children and the estate of her husband. Named as defendants are Village Oaks, its former owner, Marriott International, and numerous other corporations and parties.

Levinson said just a week after the tragedy unfolded, Marriott sold the nursing home to another corporation.