Police say lawmaker’s brutality accusation has no merit

Keith Paul

Tuesday, Dec. 18, 2001 | 9:34 a.m.

A Metro Police internal investigation ruled the accusations by a state lawmaker that officers beat a man in September are baseless, police officials told the Sun Monday.

Assemblywoman Kathy Von Tobel, R-Las Vegas, said she wasn't surprised by Metro's decision, but maintains she and her boyfriend saw officers beating a man with batons early on Sept. 13.

"I know what I saw and this (the Metro internal investigation) does not change my opinion," said Von Tobel, a Las Vegas Republican. "I know the guy was screaming and moaning."

But Capt. Lou Pascoe said investigators talked with 22 people and other than Von Tobel and her boyfriend, Tim Martin, there was no one else to support the claim, including the suspected victim, Julian Walvoord.

"There were people who were closer to the incident who didn't report anything but professional conduct," Pascoe said.

Von Tobel and Martin claim they saw six officers surround a man in a desert area near Las Vegas Boulevard and Pebble Road Sept. 13 as they stood on the balcony of their apartment a couple hundred feet away. Three of the officers were holding the man down and beating him with batons for 30 minutes, she said.

But the officer who first responded had a vastly different version.

"At no time were six officers present. There were not six officers there, there were three," Officer Oscar Fulton told the Sun days after the incident. "At no time was a single baton drawn. No one hit him. He was having what appeared to be a seizure. "

Walvoord, 36, could have answered what happened that night. But Walvoord, on parole in California for a drug possession conviction, only gave vague answers and wouldn't tell investigators about his visit to Las Vegas, Pascoe said.

With Walvoord not interested in filing any complaints, Von Tobel said she would not pursue her allegations any further.

"This doesn't change my opinion of Metro Police. I still believe they do a great job," she said. "I do think they have a very close-knit association with one another and they protect one another."

Fulton had said the assemblywoman should be charged with filing a false police report under a law she voted for, although Metro officials said they never considered that.

Investigators did find that Walvoord had a large bruise on his leg, but Undersheriff Richard Winget said the injury was not consistent with a baton blow.

Walvoord was taken to St. Rose Dominican Hospital for an involuntary psychiatric evaluation, according to a police report. Walvoord was released from the hospital three days later. Police and hospital officials would not release Walvoord's medical records citing privacy regulation. Walvoord could not be reached this morning.

Investigators spoke with officers, paramedics and firefighters called to the scene along with some employees at a nearby convenience store and doctors and nurses at the hospital, Winget said.

"I think Assemblywoman Von Tobel saw it from a distance and she had in her mind what she thought she saw and reported it," Winget said. "We appreciate she had the courage to come forward with her complaint."

Fulton was the first officer called to a convenience store near Las Vegas Boulevard and Pebble Road about 12:30 a.m. Sept. 13 on the complaint of a man scaring customers.

Fulton, a Metro officer for nearly three years, found Walvoord about 300 yards from the store after talking with the clerk. Fulton called for backup, according to a police report, after the man "was coherent, then he would be incoherent."

According to police reports, Walvoord was sitting on the hood of the car while Fulton checked on his criminal history. About then, Fulton said, Walvoord threw himself on the hood as if he were having a seizure, and Fulton called for an ambulance. The two arriving officers were told to stand on either side of the car to make sure Walvoord didn't fall off the hood.

American Civil Liberties Union of Nevada Executive Director Gary Peck said the department reacted angrily to Von Tobel's complaint with Fulton calling for her prosecution under a law for those who knowingly make false complaints against officers.

"Nothing about the way about the way the department has handled this matter has inspired confidence in its willingness to fairly investigate Ms. Von Tobel's allegations," Peck said. "We therefore put little credence in Metro's findings and hope at some point there is a truly independent investigation into what happened."

Von Tobel joined a lawsuit challenging the constitutionality of the law what allows for the prosecution of those filing false complaints. She had voted for the law in 1999 Legislature.

Winget said Metro never considered filing charges against Von Tobel.

A Metro official at the time of the incident said Von Tobel disclosing her allegations may be politically motivated. She denied that saying she wasn't going to seek re-election.

Von Tobel appears ready to run for a vacant seat if Assemblyman Dennis Nolan runs for state senate. But Von Tobel said angering police is not a politically smart move.

"Obviously this certainly doesn't enhance my ability to run for office," she said. "I didn't do it for political reasons. I saw something and I thought I was being a good citizen."