Weddell files federal suit against Carson City officials

Thursday, Oct. 21, 1999 | 9:53 a.m.

The defendants also include two brothers Weddell accuses of kidnapping his daughter and running a vehicle into one of his employees, as well as up to 50 unnamed individual and corporate defendants.

The filing is the latest in a string of court filings by both Weddell and Carson City since Weddell was arrested in October 1997 for firing a gun at one of the brothers while trying to place him under citizen's arrest.

Brothers John and James Bustamonte were never charged with the alleged kidnapping or assault with the vehicle, but Weddell faced charges of felony assault with a deadly weapon and misdemeanor discharging a firearm where others may be present.

Weddell pressed for the arrests for the brothers, trying to file a criminal complaint in February 1998. According to the new federal complaint, Justice of the Peace Robey Willis refused to allow Weddell's criminal complaint to be filed and District Attorney Noel Waters later took Weddell's complaint from the courthouse.

Weddell subsequently filed a motion to remove from office Waters, a deputy district attorney, Sheriff Rod Banister and seven sheriff's deputies. It was dismissed and Weddell appealed unsuccessfully.

A district judge ruled in June that Nevada law permitted Weddell to use deadly force during a citizen's arrest. Waters has appealed that ruling to the Nevada Supreme Court.