Lawsuit claims Strip hotel-casino at fault in California woman’s shooting

Tuesday, Nov. 14, 2000 | 11:30 a.m.

The estate of a 29-year-old tourist who was killed by a stray bullet at Harrah's Las Vegas is suing the Strip resort for damages.

Heather Vitarelli, of Napa, Calif., died in the hotel's casino Sept. 8 when she was struck by a stray bullet fired by a theft suspect during a struggle with a Harrah's security officer.

The lawsuit claims the resort's management didn't take adequate precautions to safeguard guests and that Harrah's security as well as the property's lighting were inadequate.

Harrah's created a climate that allowed Vitarelli to be killed, said Damon Schuetze, a lawyer representing the plaintiff.

"They made the decision to confront the fellow down on the floor of a crowded casino when he wasn't doing anything criminal that night," he said.

The shooting suspect, Stephen Mullen, and a second suspect Michael Frimmel were caught on video surveillance in a purse-snatching the day before the shooting, according to Las Vegas police.

Harrah's sent security officers to apprehend the duo when they returned the next day, Schuetze said.

"They knew there was a serious potential for something bad to happen," the attorney said. "They could have watched (Mullen), waited for him to leave, confronted him in the parking lot or waited for him to leave the property and called the police."

Police allege Mullen pulled out a gun and fired at least two shots when security tried to apprehend him. One bullet hit security officer Frank Willis in the stomach and the other struck Vitarelli in her back.

Vitarelli collapsed on the floor, spoke briefly to her friends, then died, Schuetze said. Willis was treated for his wound and later released from an area hospital.

A Clark County grand jury has indicted Mullen and Frimmel and charged them with murder with use of a deadly weapon and 19 other counts. Mullen, 32, remains in the Clark County Detention Center on $850,000 bail. Frimmel, 31, is fighting extradition from New Jersey.

Mullen admitted he shot Vitarelli accidentally and said he should receive the death penalty.

The estate's lawsuit seeks unspecified damages of more than $10,000, including payment for costs related to medical and funeral expenses, lawyer's fees, and court costs.

George Togliatti, corporate director of government and community relations for Harrah's Entertainment, declined to comment about the lawsuit.

Vitarelli, a college student in Napa who grew up in Maui, Hawaii, was in Las Vegas with friends celebrating their September birthdays.

Her mother, Henrietta Vitarelli, declined comment on the lawsuit when contacted at her Maui home.