Judge rules against Metro

Keith Paul

Wednesday, Dec. 19, 2001 | 9:39 a.m.

A federal judge has refused to dismiss a lawsuit against Metro Police and an officer who killed an unarmed man, saying there is evidence the department had "inadequate training procedures."

That means the family of John Perrin can pursue wrongful death and excessive force claims against Metro Police and Officer Bruce Gentner.

U.S. District Court Judge Roger Hunt ruled last week that the plaintiff "has presented sufficient evidence that Metro's policy of inadequate training and supervision was the moving force behind Officer Gentner's use of force against an unarmed jaywalker."

"The court cannot say as a matter of law that Officer Gentner acted reasonably under the circumstances he faced. That determination is better left to a jury," the judge wrote.

Gentner shot and killed Perrin April 12, 1999, in a vacant lot near Rainbow Boulevard and Tropicana Avenue.

Gentner, then a patrol officer, stopped Perrin after he said he saw a suspected drug deal. Perrin also had jaywalked.

At a Clark County Coroner's inquest Gentner testified that he believed Perrin was a drug dealer who was reaching for a gun in the dimly lit lot. Gentner fired 14 times. Six bullets struck Perrin, who didn't have a gun. Perrin was carrying a jar containing a chemical used to manufacture methamphetamine.

Perrin also was carrying a basketball, and Gentner said he made a move toward his waistband as he approached the officer. The inquest jury voted 6-1 that the shooting was justified.

Hunt outlined the actions a reasonable officer would have taken, which Gentner apparently did not follow.

"A reasonable officer would understand that he must warn a citizen of impending use of deadly force when, as here, it is feasible," he wrote. "A reasonable officer would understand that after shooting a citizen whose only crime was jaywalking, he should call for backup rather than fire a second round of shots at a wounded man."

Hunt noted in his ruling that there was little evidence to support Gentner's claim that Perrin pointed something at the officer that could "reasonably be perceived as a firearm."

Metro officials would not comment on the ruling, citing a department policy of not speaking about pending lawsuits. Gentner could not be reached for comment.

Gary Peck, executive director of the American Civil Liberties Union of Nevada, said the judge's ruling showed there were questions that still need to be explored about the facts of the shooting and Gentner's credibility.

"The order underscores what a sham the coroner's inquest system is and how badly it needs to be reformed to permit meaningful challenges to police versions of events," Peck said.

The judge noted the attorneys for Perrin's mother, who filed the suit, filed depositions of people, including a former Metro officer, who gave accounts of previous bullying and threatening behavior by Gentner.

Officer Scott Dinger, in a deposition, said Gentner was known to use "heavy handed" tactics with residents, according to the court papers. Not noted in the judge's opinion was that Dinger was dismissed from Metro before completing his field training and currently is an officer for North Las Vegas.

Hunt wrote in his ruling "Officer Dinger believed that Officer Gentner was such a safety threat to other officers and to the public, that he 'wasn't comfortable working with him.' "

Because of this Hunt said "surely Metro was on constructive notice that Gentner was not only a potential threat to public safety, but that he regularly flaunted constitutional safeguards intended to protect citizens against the use of excessive force."

Hunt also found "there is evidence to show that Metro's policy of tolerating the use of excessive force was the 'moving force' behind Officer Gentner's killing of Perrin."

Ultimately a jury will decide if Gentner and Metro violated Perrin's rights.