Primm witness sparks quest for new law

Larry Henry

Friday, June 6, 1997 | 5:47 a.m.

CARSON CITY -- The murder of 7-year-old Sherrice Iverson at a Primm casino has some legislators wondering if there's time this session to close an apparent loophole that lets witnesses walk away scot-free.

Assemblywoman Barbara Buckley, D-Las Vegas, a lawyer who serves on the Assembly Judiciary Committee, said anyone who witnesses a major crime and doesn't immediately report it should be held accountable.

But Clark County Assistant District Attorney Charles Thompson said this week that criminal charges probably won't be filed against 18-year-old David Cash, who told police he witnessed the child being assaulted May 25 at the Primm Valley hotel-casino. Thompson said the teen saw what was going on but did nothing to stop it.

He said the law doesn't require a private citizen to stop a crime in progress or to report it.

Buckley noted that a state law already exists saying that anyone who "conceals or aids" in a felony can be charged as an accessory to the crime.

She said she doesn't understand why that couldn't have applied to the witness in the Primm murder.

"I'll ask the district attorney to produce the information saying there is a loophole," she said.

Sen. Mark James, R-Las Vegas, chairman of the Senate Judiciary Committee, is among legislators who say the law should be clarified. But with the session expected to end in about a month, most say there's probably not enough time this year.

"If the prosecutors believe there's a gap in the law that should be filled at the state level, I'd be willing to look at it," James said.

But James said the law should apply to those who witness serious crimes and not to bystanders who happen to observe run-of-the-mill violations.

"You wouldn't want to make people into a criminal who witnessed somebody running a stoplight," he said.

Buckley agreed that innocent witnesses shouldn't be forced by law to "put themselves in danger."

But Buckley said there might be a way to craft legislation requiring witnesses at least to report crimes anonymously.

Ben Graham, lobbyist for the Clark County district attorney, said the law is more specific when dealing with the person who commits the crime than with the witness.

"You're criminally liable for your act," he said. "Very seldom are you liable for what you didn't do."

Graham also said prosecutors like having flexibility in dealing with witnesses.

"Frequently, we need to use the one with low culpability to get at the more serious perpetrator," he said.

However, Graham said, he'll work with legislators who want to tighten the law.

"I'll ask our people to look and see if there's something we can do next session," he said.