Wednesday, April 1, 1998 | 9:47 a.m.
A civil lawsuit seeking millions of dollars from Metro Police after officers allegedly clubbed and beat three brothers during a 1994 New Year's celebration is scheduled to go to trial next week.
Court-ordered attempts to settle the case have so far been unsuccessful, representatives for both sides said.
A settlement conference on Monday ended without agreement, said Ted Ferrell, director of Risk Management for Metro.
"The case was not settled," Ferrell said. "We're ready for trial."
The alleged beatings of the men, brothers James, Robert and Walter Bratcher, all of Chicago, were captured on surveillance videotape.
Civil rights attorney Robert Kossack, representing the brothers, said Metro "didn't offer enough money at the settlement conference."
Attorneys for both sides, however, are continuing to talk about a possible settlement, Kossack said.
"We ran into an impasse. Now we're back talking with Metro to see if they'll come up with more dough," he said.
Until an agreement is reached, however, Kossack said the case is still scheduled for trial on April 6. "We're 100 percent prepared to go to court," he said.
The brothers are eager to testify "on principle," Kossack said.
Their trial is scheduled to begin at 1:30 p.m. Monday in U.S. District Court and will be presided over by Judge David Hagen of Reno.
Neither Walt Cannon nor Brian Whittaker, attorneys representing Metro, returned telephone calls.
Fifty partiers were arrested Jan. 1, 1994, after they failed to obey police orders to clear Fremont Street following a New Year's Eve celebration.
According to the lawsuit filed by the brothers, they arrived at McCarran International Airport on Dec. 31, 1993. Their sister, who lives in Las Vegas, picked them up and, because it was getting close to midnight, drove them downtown, where she dropped them off.
About the same time, police began clearing Fremont Street of the crowds to reopen it to traffic, the suit says.
Around 1 a.m., the Bratchers say, they stepped out of Binion's Horseshoe hotel-casino to view the commotion. When one officer yelled at the brothers to move, the men said they attempted to leave but were blocked by the crowd.
An officer then allegedly struck Walter with a defensive-armor shield.
James said he felt Walter being pushed into him and turned to see an officer lift his baton to strike Walter's head. James said he blocked the blow and pulled his brother away. Robert also said he grabbed for Walter. At the same time, another officer allegedly hit Robert on the head, splitting his scalp and knocking him out.
Video footage shows Robert being struck twice while on the ground and James being hit three times. The film shows Walter kicking in an attempt to defend himself.
According to the suit, Robert's wound was treated and his handcuffs were removed, but he was later cuffed to a pole. James was arrested for unlawful assembly. He was found guilty of a misdemeanor. Walter was arrested but no charges were ever filed against him.
Photos taken of the brothers show James and Robert with "huge bruises," Kossack said. Walter was bruised, but not as badly, he said.
Identified on videotape are former officer Brian Nicholson and then-Capt. Richard McKee. McKee has since been appointed by the sheriff as a deputy chief. Nicholson was fired in 1996 after a videotaped confrontation at the Fremont Hotel with a coin thief suspect. He later pleaded guilty to a gross misdemeanor and is currently serving a sentence of house arrest.
"You can see McKee standing there, in videotape, watching the action," Kossack said. "We have a commanding officer, a captain, who was capable of setting policy on the scene."
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