Formal charges filed vs. Groesbeck

Bill Gang

Friday, Sept. 10, 1999 | 11:14 a.m.

With the failure of efforts to plea bargain the criminal case against former Henderson Mayor Robert Groesbeck, formal charges were filed Thursday afternoon in spite of the fact that the alleged victim in the case no longer wants to press charges.

Gay Gustafson said in a number of interviews Thursday, after the charges were filed, that Groesbeck has apologized to her and she accepted the apology.

She said the situation has been hard on both of their families.

District Attorney Stewart Bell says the apology and the fact that there is no longer an "incensed victim" doesn't change much.

"Rights were violated," he said this morning.

The two gross misdemeanor charges allege Groesbeck groped Gustafson at a private party at an exclusive club at the Mandalay Bay hotel-casino on Friday and then tussled with police who responded to her complaints.

There is a chance that Groesbeck, if convicted, could serve two years in jail.

Bell said Groesbeck's attorney, John Moran Jr., met with him Thursday "to test the waters ... for damage control, and to see if we couldn't reach a deal."

Moran said that after conversing with Groesbeck, who is general counsel for Republic Silver State Disposal Inc., it became clear that an early plea bargain was not going to occur.

As of late Thursday, Moran said he was no longer Groesbeck's lawyer.

Bell said that any plea bargain would have to result in some sort of a conviction that would leave Groesbeck with a criminal record. That would rule out the possibility of a deal resulting in charges being dismissed if counseling, community service or other penance were performed and if the defendant kept his nose clean for a period of time.

"I believe some accountability is required here," Bell said, stating his office will "pursue this for the public as is our obligation."

Las Vegas Justice Court Administrator Steve Morris said that an arraignment for Groesbeck is set for Oct. 4 in Justice of the Peace Deborah Lippis' courtroom on the charges of open or gross lewdness and battery on an officer.

Bell said that rather than taking the case to a public preliminary hearing to determine if there is sufficient evidence to warrant a District Court trial, he may choose to present the case to a Clark County grand jury.

Taking the case to a grand jury would prevent lengthy delays that can result in contested preliminary hearings where defendants have the right to be present, have lawyers question the witnesses and present evidence.

Bell said he isn't concerned about the credibility of the victim or the three other people who were sitting at her table, calling them "credible, honorable people who will tell the truth in court."

He said he would expect the witnesses to tell the truth if they are called before a grand jury, even though Gustafson is no longer interested in pursuing the criminal case.

The charges allege Groesbeck groped and fondled Gustafson's breasts and then battled police, including placing one officer in a headlock.

He also is said to have boasted of his friendship with such powerful community figures as Metro Sheriff Jerry Keller and Las Vegas City Councilman Mike McDonald and used a string of vulgarities to officers.

Much of the incident involving Groesbeck and police was videotaped, but copies of the tape will not be released until after being presented as evidence at a preliminary hearing or before a grand jury. At that point, it becomes part of the public record.