Sources: Cops in bar after shooting

Bill Gang and Cathy Scott

Friday, Jan. 10, 1997 | 11:59 a.m.

After the drive-by shooting death of a 21-year-old gang member, the two Metro Police officers alleged to have been involved went to a bar and partied, according to sources close to the case.

By the end of the night, Officer Ron Mortensen was described as being so drunk that he was having trouble standing, the sources said on condition of anonymity.

Mortensen faces murder charges in the Dec. 28 shooting death of Daniel Mendoza, but the second officer, 24-year-old Christopher Brady, is not expected to face any charges.

The celebration at PT's Pub on Spring Mountain Road, however, was not directly linked to Mendoza's death. The two officers had earlier been to a party and were celebrating Mortensen's 31st birthday.

As Brady and Mortensen were headed for PT's Pub, they took a shortcut, on Palos Verdes, to get to that side of the valley. As they passed McKellar Circle, they reportedly told investigators later that they saw a group of gang members hanging out in the cul-de-sac.

Brady, who was driving, turned onto the street and stopped. Words were exchanged between Mortensen and Mendoza before Mortensen fired into the group, police said.

Because the group rushed the car, Brady backed up and drove away, fearing for his life, police said. But Brady and Mortensen didn't report the shooting. Instead, they continued to PT's.

Witnesses interviewed at the bar, which is a hangout for officers in Metro's Southwest Area Command, have said the shooting was never mentioned by the pair, the sources said. About eight to 10 fellow officers partied with them that night, sources said.

Thirty-six hours later, Brady went to his supervisors and told of his and Mortensen's involvement.

Mortensen was arrested that night when he reported for briefing as his midnight shift began. He was arraigned Thursday in Justice Court, and a Clark County grand jury is scheduled to consider the case against him next week.

Deputy District Attorney John Lukens said no charges will be filed against Brady for his role in driving to the neighborhood that is the turf of the 18th Street Gang -- a branch of the Los Angeles gang with the same name.

That decision has drawn criticism from other prosecutors and amazed defense attorneys.

Lukens said Brady indicated he was "shocked" when Mortensen pulled out a pistol and fired six shots toward a group standing outside the residence. Mendoza was hit in the heart by one bullet. No one else was injured.

The weapon that killed Mendoza was turned over to authorities by Brady, although it had been handled by at least two people other than Mortensen after the shooting, a source said.

Ballistics tests on the weapon registered to Mortensen confirmed it was the pistol that killed Mendoza, the source said.

Disgruntled and frustrated prosecutors in the district attorney's office have voiced concern that the decision not to prosecute Brady could result in a not-guilty verdict for Mortensen. At least a couple of local defense attorneys agree.

The prosecutors have indicated that by accepting Brady's actions as lawful and reasonable, the district attorney's office is accepting that there was nothing wrong with driving to McKellar Circle and stopping for the ultimately fatal confrontation with gang members.

That may take away the argument that the shooting was premeditated -- which means a first-degree murder conviction would not be possible.

"If there was no involvement by the driver, then there was no way to prove premeditation," said veteran defense attorney David Schieck. "Basically the district attorney's office is conceding that the case is not first-degree murder."

"I believe it undermines the case against the shooter," agreed attorney Tom Pitaro. "It says all the acts leading up to the shooting are innocuous acts."

But one former prosecutor said that under Nevada law, premeditation can occur in the blink of an eye and premeditation could be argued by the fact that six shots were fired at the group.

Without proof of premeditation, Mortensen could be convicted of no more than second-degree murder, although voluntary or involuntary manslaughter convictions could be possible.

"From a defense viewpoint, the decision not to charge the driver in a drive-by shooting opens up a number of defenses," Schieck said.

"It's difficult to convince the community there isn't a dual standard," Pitaro said. "I don't think that any other person in a like situation would be given a pass."

Pitaro, Schieck and defense attorney Steve Wolfson agreed that police routinely arrest drivers in drive-by shootings despite claims that they didn't know their passenger was going to shoot someone.

"It's very, very, very common for drivers to be interviewed and usually booked on murder charges," Wolfson said.

Pitaro added, "I think you would be hard-pressed to find a situation where a young Hispanic or even young white guy isn't charged."

He pointed to the freeway slaying of Kip Logan by Kevin Lisle after a traffic altercation two years ago. The driver and a passenger were convicted, although they claimed they didn't know Lisle was going to shoot out the passenger window.

"I'm personally aware of one case where an individual asleep in the back of a car was charged when another person in that car got out and committed murder," Schieck said, noting that the sleeping man eventually was acquitted.

In that case, the victim was the brother of a North Las Vegas Police officer and "they were looking to charge everybody."

"But in this case, it appears they were looking to find a reason not to charge a cop," Schieck said. "Under Nevada's liberal laws on aiding and abetting, there are considerable avenues to consider charging Brady."

Prosecutors are anticipating that Mortensen will claim that he was lawfully defending himself from gun-wielding gang members when the fatal shot was fired.

The argument that Mortensen should have reported the shooting to police immediately is not considered a problem, according to one disgruntled prosecutor.

By accepting that Brady did nothing wrong in failing to immediately notify police of the involvement, the district attorney's office is thereby accepting that Mortensen did nothing wrong in not reporting it, prosecutors said.

"If there was no aiding and abetting and he was totally innocent, why would he have hesitated in reporting it?" Schieck said. "In similar cases, prosecutors argue all the time that such actions show a consciousness of guilt."

Lukens has said there was no deal not to prosecute Brady, but that he can't see any crime that Brady could be convicted of.

"In no way, shape or form was (Brady) a co-conspirator," Lukens said earlier this week.