Cop beat handcuffed man at casino

Keith Paul

Monday, Dec. 31, 2001 | 10:58 a.m.

A Metro Police officer repeatedly punched a handcuffed man inside a downtown hotel-casino, breaking a vertebra in the man's neck as the incident was captured on the hotel's security cameras.

The videotape from the Las Vegas Club shows an officer straddling 33-year-old Frankie Davis, who was lying handcuffed, face-down on the floor. As security officers watched, the Metro officer struck Davis several times in the head and face.

"There is no question this happened. It is on videotape," said Barry Levinson, Davis' attorney. "There is no reason for this. He was in handcuffs the whole time."

Officer David D. Miller and Sgt. Leonard Marshall, Miller's supervisor, were relieved of duty with pay this weekend pending the outcome of internal investigations, Undersheriff Richard Winget said.

The beating occurred Nov. 7, but Metro Police internal investigations didn't learn of it until recently as Marshall, who knew of the incident, didn't inform superiors, officials said. Miller is being investigated regarding use of force and Marshall is facing an investigation into neglect of duty.

"These are serious allegations, and we are taking them very seriously," Winget said. "If the allegations prove to be accurate, the officer and the supervisor will face very serious discipline."

Levinson said he'll file a federal lawsuit against Miller, Metro Police and the Las Vegas Club this week, and he expects the Clark County district attorney's office to consider criminal charges as well.

The Las Vegas Club referred all questions to Metro. Miller and Marshall could not be reached for comment.

Davis remains in a metal halo keeping his neck stable and will require surgery, his attorney said. He has a court appearance Friday for the misdemeanor trespassing charge on which he was arrested in the Las Vegas Club.

After Davis' arrest, he was taken to the Las Vegas jail, where he complained of pain. Jail officials took him for medical treatment and investigated the injury. The city investigation led to the Las Vegas Club and the videotape, which was turned over to Metro Police earlier this month.

The videotape, viewed by the Sun, shows Davis handcuffed in the hotel's security office. He can be heard complaining of being sucker punched by hotel security staff and at one point a security officer confronts him. Davis can be heard cursing at the man and then spitting at him. Davis is then pushed back into a wall and settles into a chair against a wall.

Miller, 26, an officer since January 2000, is seen on the videotape coming into the office and stands Davis up, pats him down and checks his pockets.

Davis starts to move side to side, and Miller holds on to the handcuff preventing Davis from moving. Davis appears to struggle with Miller. Then Davis is taken out of the office by Miller. The videotape lapses for about 10 to 15 seconds and picks up on the pair out in the hallway.

Davis is face down on the floor with Miller kneeling over him. Miller's hand can be seen raised up several times balled up in a fist and coming down on Miller's head. There are three or four Las Vegas Club security guards standing around watching.

"Why were those security guards just standing around watching? They should have done something," Levinson said. "My client was completely helpless."

At one point, Miller is seen pulling the right side of Davis' body up. As Davis' head raises, Miller is seen on the videotape hitting Davis again in the face and letting go of him. Davis then falls limply back to the ground.

"No matter what he says, there is no reason for him to be punched in the face and have his neck broken," Levinson said. "He was just on the ground and dazed from the pain. He was no danger to the officer. He was handcuffed."

Davis was taken to University Medical Center by jail officials and was treated and fitted with a neck stabilizer.

Davis, who was working as a day laborer, has been unable to work since. He is living in a low-end downtown motel on welfare, Levinson said. Police records show Davis had not been arrested by Metro officers in the past.

Davis did serve time, however, in a New York prison for a drug-related conviction. He did not register as a convicted felon with Metro as required. Davis was unavailable for comment this weekend.

Metro Police officials learned of the incident from a Dec. 13 letter from the city that included a copy of the video, Winget said.

On the night of the incident, Marshall, an officer since August 1994 who was recently promoted to sergeant, apparently went to the Las Vegas Club and got a copy of the tape showing Miller hitting Davis but did not inform his superior officers as required, Winget said.

"It is not up to an officer's supervisor to determine who investigates alleged misconduct. Internal Affairs decides who does the investigation," Winget said. "Internal Affairs and the chain of command should have been notified, and they were not."

According to the department's disciplinary guidelines, punishment for inappropriate use of force for the first offense is a written reprimand or a minor suspension -- eight to 40 hours. The punishment for gross inappropriate use of force, however, is firing on the first offense.

Metro faced a similar case in 1995, when three officers were caught on videotape in the Fremont hotel-casino security office roughing up a suspect. Former Sgt. James Campbell was seen on the videotape watching as former Officer Rob Phelan hit a theft suspect in the chest and hauled him into another room. While there is no video from the other room, audio recordings captured former Officer Brian Nicholson threatening to sodomize the man with his baton.

The three were convicted of oppression under the color of law in 1996, but that verdict was thrown out because of a tainted juror. Phelan later pleaded to misdemeanor counts of battery and assault, and Campbell and Nicholson pleaded guilty to a gross misdemeanor of conspiracy to assault with a deadly weapon. The plea bargain with prosecutors called for no jail time, but a Clark County District Court judge sentenced them to jail.

A state appeals court later allowed for the men to be released on house arrest to serve their sentences.