Tuesday, Sept. 30, 1997 | 9:51 a.m.
CARSON CITY -- A state hearing officer has upheld a 30-day suspension for a parole and probation officer who had stopped two juveniles at gunpoint after a freeway tailgating incident in Las Vegas.
Hearing Officer John Graves said Michael Tricoli "got a little badge heavy that night and threw his peace officer position around (together with the 9 mm pistol) to frighten some juveniles, and to relieve his own anger."
Graves said Tricoli, a six-year veteran, is a "good man who let his emotion overcome his good sense. He is certainly an employee worth maintaining in the division." Last October, Tricoli was acquitted by a jury of a criminal charge of oppression under the color of office.
Although acquitted of the criminal charge, Graves said there was substantial evidence to justify the suspension "for the good of the public service ..."
The March 27, 1995, incident began on westbound U.S. 95 at Valley View Boulevard when Tricoli was driving his girlfriend's private car. According to the police reports reviewed by Graves, after Tricoli changed lanes a Blazer came up behind him and began to tailgate his vehicle, flashing its lights. Tricoli moved to another lane and said he then heard what he thought was a shot. The cars continued to play tag. Tricoli said he thought one of the occupants threw something at his car.
Tricoli pulled alongside the Blazer and showed his badge and yelled "Police, pull over." The Blazer pulled onto Summerlin Parkway and stopped. The driver was then-17-year-old Jason Bernhard. A 16-year-old boy was also in the Blazer.
Tricoli parked in front of the Blazer, pulled his gun and ordered the youths several times to open their door. He pointed his pistol at the teenagers and demanded to know if they had thrown anything at him from the vehicle. The boys denied tossing anything. They also said it may have been a backfire from their vehicle that caused Tricoli to think he had been shot at.
Tricoli said he then gave the boys a "fatherly talk" and let them proceed. But the boys said Tricoli was sweating, angry, rude and spoke to them in a stern way. After the incident Bernhard called police.
While Tricoli's superiors investigated and debated whether to fire him, Tricoli spent five months on paid administrative leave. The punishment was modified to an upaid, 30-day suspension.
The hearing officer said Tricoli violated regulations on the use of a weapon, abused his peace officer powers, and endangered the public.
"The unalterable conclusion is that Tricoli knew from the outset that he was dealing with juveniles or young people, that he was disturbed they bright-lighted him on the freeway, and was disturbed that they drove in a somewhat reckless manner," Graves said.
"No other reason can explain Tricoli's unorthodox behavior in pulling the Blazer over and approaching it in a fearless manner. No peace officer would approach a vehicle in such a way if he or she really believed there was a gun there. Tricoli's failure to search or pat down the juveniles, or to search the vehicles proves the point."
archive
