Magician’s widow gets settlement from Metro Police

Keith Paul

Tuesday, July 25, 2000 | 11:12 a.m.

Metro Police's fiscal oversight board Monday approved a $100,000 payout to a widow of a Las Vegas magician killed in a 1998 collision with an officer rushing to a crime scene.

Metro initially won in Clark County District Court when a judge dismissed the suit brought by Lorena Brazil for the June 27,1998, death of her husband, Anthony "Chappy" Brazil. But the decision was appealed to the Nevada Supreme Court, which assigned a mediator to the case to try to reach a settlement.

The department does not admit liability in the case, but the decision to settle was made to be "fair to all parties involved," John Gormley, an attorney representing Metro, said.

Anthony Brazil, who had performed in the Caesars Palace's Magical Empire show, was killed when his motorcycle was struck by a patrol car driven by Officer Edward V. Jones.

Jones was rushing to the 2600 block of Arville Street after an apartment security guard called police about 12:40 a.m., saying he was dealing with a domestic violence situation that involved a man with a gun.

Jones, who told investigators his red lights and siren were on, apparently drifted over the center line at a curve on Industrial Road near Oquendo Road and struck Brazil, who was riding his motorcycle.

Lorena Brazil filed a civil rights lawsuit for deliberate indifference and negligence.

"My client is happy to have it behind her now, but she'll never be totally compensated for the loss of her husband," said Robert Hempen, Brazil's attorney.

"There is not a day that goes by that she doesn't think about what happened."

Metro's Fiscal Affairs Committee -- a panel composed of one citizen, two Las Vegas City Council members and two Clark County Commission members -- approved the $100,000 payment to end the suit without discussion at its monthly meeting Monday.

"The officer was employed by Metro during the incident and the case has been settled through mediation," Lt. Marc Joseph, a department spokesman, said.

In the written discussion to the fiscal affairs committee, Metro officials stated the settlement was recommended for approval because of "future legal costs of defense, and the potential for a substantial judgment and award of attorneys fees should this matter be remanded back to District Court for trial."

About a month after Anthony Brazil's death, the Clark County District Attorney's Office filed two misdemeanor charges -- careless driving and failure to maintain travel lane -- against Jones. The officer pleaded guilty to both. He had to complete Metro's driving school and was fined $2,000.

Sheriff Jerry Keller said at the time Jones was deeply remorseful for the death of Brazil. Jones was suspended for four weeks without pay, and he permitted the sheriff to publicly announced his punishment -- typically disciplinary actions are considered personnel matters and kept confidential.