Parents get time to provide evidence in daughter’s death

Kim Smith

Tuesday, Aug. 14, 2001 | 10:34 a.m.

Elsa Heird's days are filled with memories of her daughter Danielle, but it's the nighttime visits that haunt her most.

"I have dreams where she tells me, 'Mom you have to do something about this,' " Heird said Monday. "I know she needs justice, and that's what I plan to get her. I plan to make sure that I try my best to get her justice, that her death wasn't in vain."

On Monday Heird was in District Judge Allan Earl's courtroom trying to live up to that promise. Heird and her husband, James, are suing the Venetian, the club C2K and two men they say provided Danielle Heird, 21, the hallucinogenic drug Ecstasy. She died a little more than a year ago after ingesting the drug.

Earl gave the Heirds and their attorney, E. Brent Bryson, time to find the evidence to prove their case during a hearing in which the defendants sought to get the case dismissed.

Ecstasy is a synthetic, mind-altering drug often used by all-night party-goers. Side effects can include an increase in body temperature, heart rate and blood pressure, as well as death.

The Heirds contend that the Venetian and owners of the club C2K created a drug-friendly environment for patrons, even profiting on the drug usage by increasing the cost of bottled water, which Ecstasy-users crave.

According to the Heirds and Bryson, Danielle ingested the drug while standing in line to get into C2K or after she walked into the club on July 19, 2000.

While inside the club the young woman began to feel ill, and her friends took her home. She died between 5 and 10 a.m. July 20.

In November the Heirds filed their lawsuit against the Venetian and against H & H of Nevada and Silver Hammer of Nevada, which at that time owned and operated C2K.

They are also suing Daniel Beall, their daughter's boyfriend, and his roommate, David Hornsby. They claim the two men gave the drug to Danielle and then brought her home, where she died.

W. Randolph Patton, who represents Silver Hammer of Nevada, argued to stop the case in its track, noting that a camera shows Danielle walking out of the club unassisted. There is no evidence that she ingested the drug on the premises and there is no evidence she needed help when she left, Patton said.

Danielle died as a result of a tragic mistake, he said.

"It wasn't because of the atmosphere of the C2K. It wasn't because she got drugs at C2K. It wasn't because there was a drug pusher pushing drugs at the C2K. It was because she, on her own, without compulsion, ingested a deadly drug," Patton said.

In the year since Danielle's death, Bryson told Earl, investigators have collected information about the club, and more will likely be discovered in the coming months.

"It's like peeling an onion, the more you peel the bigger the stench," Bryson said.

Earl said it's likely other judges would have dismissed the lawsuit Monday, but he said he was going to give Bryson more time to investigate Danielle's death.

The judge left the door open for defendants to file another motion for summary judgment, however.

"You have your shot, use it," Earl told Bryson.

Venetian officials shut down C2K in August 2000 after receiving numerous complaints about rampant drug usage, inappropriate sexual behavior and violence.

Silver Hammer and H & H filed a lawsuit against the Venetian, claiming the forced closure was illegal. The club reopened a short time later as the result of an agreement, the details of which were never disclosed. The club reopened with new owners and management, Bryson said.

Meanwhile, James and Elsa Heird said Monday they want to educate people about Ecstasy and Las Vegas' club scene, and they hope to produce an educational video about the drug for schools and corporations.

They have visited local schools to talk to about the dangers associated with using the drug.

Although they realize Danielle isn't without blame, the Heirds believe the club and hotel-casino had a duty to prevent drug usage on the premises and to provide medical assistance to their daughter.

Elsa Heird said witnesses saw her daughter trying to cool herself on a bathroom floor and vomiting, yet nothing was done to help her.

"I had a beautiful daughter, and she's not here anymore. It could have been prevented," Elsa Heird said. "She needed help, and there was no one there to help her."