Second officer in drive-by resigns

Cathy Scott and Bill Gang

Wednesday, Jan. 22, 1997 | 11:59 a.m.

Metro Police Officer Christopher Brady, who turned in a fellow officer after a deadly drive-by shooting, has resigned.

Brady, 24, was scheduled for an interview with internal affairs detectives Tuesday into allegations of conduct unbecoming an officer. Instead, attorney Steve Stein, representing Brady, showed up alone for the 1 p.m. meeting and handed over Brady's letter of resignation, effective Tuesday.

Ron Mortensen, 31, has been charged with murder in the Dec. 28 shooting death of 21-year-old Daniel Mendoza. Brady has admitted to driving with Mortensen to 537 McKellar Circle where Mendoza allegedly fired six rounds at a group of known gang members, hitting Mendoza in the heart. Brady, who has not been charged, informed his supervisors 36 hours later.

Community activists have complained to police and held public protests questioning why Brady hasn't been charged in the drive-by.

Meanwhile, Mortensen and Brady are being investigated in a second internal affairs probe of a claim of excessive use of force made by a man the officers stopped Dec. 24, police said. That investigation began last week, Lt. John Alamshaw said.

Metro has a record of the traffic stop because the officers called it in to dispatch, but no police or incident reports were filed, Undersheriff Richard Winget said.

"This is going to be a difficult one because it's one man's word against two officers who aren't speaking and no witnesses," Winget said, noting that the unidentified driver was not arrested.

But while recommendations will be made regarding Mortensen's future on the force, no discipline can be handed down for Brady, Alamshaw said.

With his resignation, it also means that Brady's record is clean with the department if he tries to hire on with another police agency.

But Winget said most departments require applicants to sign a release "so they can get an accurate picture of former performance from previous employers."

"It's possible (Brady) could go to a new department with a clean slate if the department didn't do a thorough background check," Winget said. "But most won't consider hires unless they sign releases."

Mortensen's attorney, Frank Cremen, was not surprised by Brady's resignation.

Mortensen is set to be arraigned Thursday in District Judge Joseph Pavlikowski's courtroom.

Brady is the prosecution's star witness against Mortensen, but Cremen said, "Having read Brady's (police) statement, it's incomprehensible that he wasn't charged."

Police and prosecutors have declared that Brady did nothing wrong when the pair went to McKellar Circle, near Flamingo and Paradise roads, to hassle the 18th Street Gang members.

They said they expect Mortensen to claim self-defense, contending the gang members were pulling weapons.