Fired cop withdraws his appeal

Karen Zekan

Wednesday, Nov. 11, 1998 | 11:23 a.m.

Former Metro Police Sgt. James Campbell wanted more than his job back when he appealed to the department's Civil Service Board to overturn his termination.

He wanted the chance to clear his name.

And it was more likely for the latter that the tears welled in Campbell's eyes early Tuesday afternoon when, just a minute into the hearing's second day, the 28-year Metro veteran's attorney announced that Campbell was withdrawing his appeal.

The decision surprised those who recognized that reinstatement could have entitled Campbell the chance at full retirement benefits had he completed 30 years. Campbell's supporters were hoping the man would get a second chance -- that a videotaped incident of improper conduct wouldn't entirely mar the career officer's reputation.

But for Campbell, who had the chance to testify on his own behalf for more than two hours Monday night, it seems there has been some victory.

"Mr. Campbell had his opportunity to make his statement on that event," Terry said, speaking on behalf of his client who politely declined to comment.

"He was also able to put before the public and the (Metro Police Civil Service) Board his whole personnel file, so that he can be judged on 29 years and not just 13 minutes of his career."

Those 13 minutes developed from controversial surveillance camera footage that caught Campbell's actions June 11, 1995, in a security office at the Fremont hotel-casino.

Campbell never once on the tape attempted to stop his subordinate, former Officer Rob Phelan, from hitting a coin-theft suspect in the chest and then hauling him into a side room, where audio captured the suspect moaning as former Officer Brian Nicholson threatened to sodomize the man with his baton.

Campbell, in his testimony Monday, explained that police "do not dress officers down in public because it gives the criminal the edge." Further, he said he took offense to Phelan hitting the suspect, and that he talked to his officer about the incident at shift's end.

The officers' aggressions were stirred because the suspect -- later identified as Andrew Dersch, a repeat offender known for preying on senior citizens -- refused to give his true name.

Campbell, in his testimony, recalled the recent cases of convicted murder Amy DeChant and homicide suspect Margaret Rudin, who successfully eluded police in other states by giving other names to dodge warrants for their arrest.

Campbell, Phelan and Nicholson were terminated from Metro for policy violations including neglect of duty, lack of truthfulness and conduct unbecoming an officer.

The three were also charged criminally and convicted in 1996, but the verdict was thrown out because of a tainted juror. Phelan plea bargained to misdemeanor counts of battery and assault, and Campbell and Nicholson plea bargained to gross misdemeanors of conspiracy to assault with a deadly weapon.

All three were sentenced to jail time and house arrest.

"(The appeal hearing) gave all three officers a chance to air out the issue in a public forum and not a criminal proceeding," Terry said. Campbell, Phelan and Nicholson each testified more than two hours Monday.

Sgt. Valerie Juick was called to the stand, and over five minutes recounted a situation that occurred a while ago at the Stratosphere Tower in which one of her officers grabbed a handcuffed suspect around the neck and pushed him into a filing cabinet.

The suspect lost consciousness; the officer assumed the man was faking and left him lying on the ground without calling for medical attention, while he completed his paperwork Juick said.

"He received 140 hours disciplinary suspension," Terry said. "Campbell, Phelan and Nicholson lost their jobs. Each officer should receive equal treatment."

Campbell explained that Metro's purpose downtown was to keep criminals off the streets so businesses could thrive and tourists would be safe.

Board Chairman Elgin Simpson said Tuesday he was not surprised that Campbell withdrew his appeal.

About 10:15 p.m. Monday, after Campbell finished testifying, board member Paula Gentile harshly questioned Campbell's actions that evening in 1995 and then made a motion to deny Campbell's appeal when Metro's attorneys requested the board rule. Without a second, the motion failed and Simpson adjourned the hearing.

"I anticipated that Mr. Campbell would look at that," Simpson said.

"(Campbell) had almost 29 years with the department, and would get almost 29 years worth of benefits."

Simpson described the videotaped incident as very revealing, and that the Monday's testimony "did not change anything."

"It's hard to look at the tape and say there wasn't a problem," Simpson said. "The issue was not Dersch. The issue was whether the officers were justified in their conduct."

Dersch is currently in custody at Clark County Detention Center. He was arrested this year in January on warrants for petit larceny and burglary. He had additionally been booked in October 1997 on warrants for battery with intent to commit robbery and robbery of a victim over 65.

"We're glad we had a public forum so that these officers could tell their side," Terry said. "Everyone looks for closure; now it's time for Campbell to go on with his life."