Officer facing kidnap trial

Kim Smith

Wednesday, April 19, 2000 | 10:40 a.m.

A North Las Vegas Police detective accused of kidnapping and assaulting a woman in February will stand trial on five of the six counts he is charged with, including first-degree kidnapping.

Justice of the Peace Nancy Oesterle decided this morning there is sufficient evidence to hold William Brooks, 42, for trial in connection with a Feb. 20 incident in a Home Depot parking lot on Rainbow Boulevard.

According to Metro Police, Brooks grabbed Lynn Malloy from behind, forced her into her car and struggled with her. Brooks also is accused of striking her several times, pointing his gun at her and threatening to kill her.

Brooks told a Sun reporter shortly after the incident that the confrontation was a case of mistaken identity. He said he thought he had accosted the wife of a man who owed $30,000 he was being paid to collect.

The detective told Metro investigators he immediately knew he had made a mistake but by that time, Malloy had begun swinging at him and knocked his glasses off. Brooks did not testify on the advice of his attorney at a preliminary hearing held April 12.

Brooks, who has been suspended with pay from the police department and was wearing his badge this morning, said his gun fell to the floorboard during the struggle and he never pointed it at Malloy.

This morning Oesterle found sufficient evidence to proceed on the charges of first-degree kidnapping, second-degree kidnapping, coercion, burglary and attempted extortion/collection of a debt. However, she dismissed an attempted robbery charge.

Brooks' attorney, Frank Kocka, said he wasn't surprised his client was bound for trial because the standard that must be met by prosecutors at preliminary hearings "is so low you could trip over it if you don't see it."

Kocka said he was, however, pleasantly surprised at the dismissal of the sixth count.

"It was a good ruling," Kocka said. "The judge basically said she found discrepancies (in the stories) and that was what we raised at the preliminary hearing. We're ready to take this to trial to let a jury decide."

Brooks' arraignment has been scheduled for May 3 in front of District Judge John McGroarty.

Kim Smith covers District Court for the Sun. She can be reached at (702) 259-2321 or by e-mail at kimberly@lasvegassun.com