Woman who says police used excessive force set to testify

Thursday, Feb. 11, 1999 | 11:13 a.m.

A woman who claims three Metro Police officers unjustly arrested her almost five years ago and used excessive force in the process was expected to testify today at a civil trial in federal court.

Brenda Nadell filed suit almost four years ago against Metro and Officers Steven Leyba, Michael Etherton and Greg Zeil, alleging her civil rights were violated when she was arrested the night of July 22, 1994.

The suit was filed in 1995.

Nadell claims she was arrested after being awakened in a bedroom by an officer who pulled the covers off her.

Several officers had responded to a family-disturbance call at 5465 Consul Ave., northeast of Nellis Boulevard and East Sahara Avenue, the night of July 22, 1994.

The call was made by a fire department dispatcher after an ambulance picked up Sherry Laing at the Consul Avenue address and took her to University Medical Center. She was suffering from a cut arm received when she apparently attempted to break a window to get into the house.

Police arrived at the house of Laing's ex-husband, Michael, about 45 minutes after Laing's injury in response to the fire department call.

In testimony Wednesday, Laing said the day began peacefully enough, with Nadell and her sister, Crystal Guerre, coming over in the afternoon to discuss a baby-sitting job. Nadell's infant son was with them.

Laing said he and his ex-wife were trying to reconcile their differences and he wanted a live-in baby sitter so the couple could spend more time together. Guerre was interested in the job.

Laing, who described himself as a professional poker player, said eventually other friends and relatives came over to his home and the group spent part of the evening drinking by the backyard swimming pool.

Before U.S. District Judge Philip Pro recessed the trial Wednesday, Laing said before this incident he barely knew Nadell, though he routinely played poker with her husband, Brian.

Earlier in Wednesday's trial, Leyba testified that he was the second patrolman to arrive on the scene. He said he saw a considerable amount of blood on a shattered front window. He did not know that Laing's wife had cut herself and had been taken away earlier.

He said he entered the home and was directed to a back bedroom, where he encountered Etherton trying to get information from Nadell and her sister, but Nadell was screaming so loudly it was impossible to conduct an interview, he said.

Leyba testified that Nadell continued a stream of cursing and refused to identify herself. He said he finally gave up on the interview and went into the hallway and watched other officers in the living room.

He said suddenly Nadell ran out of the bedroom and attacked him, hitting him in the chest and kicking him with her bare feet. He said it took two officers to get her onto the floor and handcuff her.

Leyba said from her behavior he thought she was on drugs and charged her with taking a controlled substance and with assaulting a police officer.

He said because of her behavior the Clark County Detention Center refused to book her. An ambulance took her to University Medical Center, where nurses and hospital security guards had to tie her to the bed, he said.

She also had to be restrained in a chair to have her blood drawn, he said, and a towel was placed over her head because she was spitting at everyone.

The blood test revealed no illegal drugs in her system but did show a blood-alcohol level of 0.28, or almost three times the legal limit for driving.

The drug charge against Nadell was dismissed. In July 1995 the assault charge was dismissed.