FBI probe of French citizen’s death begins

Keith Paul

Thursday, Feb. 15, 2001 | 11:25 a.m.

The FBI has begun an investigation into the death of a French citizen who died during a struggle with Clark County jail guards, according to a letter sent to Metro Police by the FBI.

The findings will be reviewed by the Justice Department to determine if the man's civil rights were violated.

Grant Ashley, FBI special agent in charge of the Las Vegas office, sent a letter to Sheriff Jerry Keller Tuesday saying that agents have started reviewing the death.

"My office is opening a preliminary inquiry into this matter and will be forwarding the investigative material your office previously provided to the United States Department of Justice," Ashley wrote in a letter obtained by the Sun.

The letter came a day after Keller announced Metro had turned over to the FBI copies of all the information detectives have collected concerning the Jan. 4 death of 33-year-old Philippe Le Menn, who died after a struggle with guards inside a cell.

"We turned over the information because we have nothing to hide," Keller said Wednesday. "We want all of the facts to come out and welcome the review of the facts."

The Justice Department's civil rights division will review the FBI's findings and determine if federal charges should be filed, said Christine Romano, a Justice Department spokeswoman said.

Romano noted a separate Justice Department's investigation started in 1997 into the conditions at the jail remains ongoing.

A Clark County Coroner's inquest jury will hear the case Feb. 23 and determine if the actions of the guards, whose names were released Wednesday, were criminal, justifiable or excusable homicide.

The guards, who were put on administration leave with pay pending the outcome of the inquest and investigations, are:

Coroner Ron Flud Monday said Le Menn died from asphyxia and the manner of his death was homicide, prompting the inquest. Flud also stated there was no trauma to Le Menn that caused his death and no drugs in his system.

Paul Hoffman, an attorney for Le Menn's family, noted in a letter sent to U.S. Attorney General John Ashcroft dated Wednesday, that the Clark County coroner inquests "have never resulted in a finding of culpability on the part of local law enforcement officers." The letter asks for a Justice Department investigation.

"The Le Menn family does not believe that this matter can be left entirely to the discretion and responsibility of the Nevada authorities," Hoffman wrote. "Without the Justice Department's involvement, the French government, the French people and the Le Menn family will have no assurance that this matter will be handled in a professional and independent manner."

In more than 90 inquests since 1976, only one jury has found anybody criminally negligent, but the Metro Police officer was later cleared by a Clark County grand jury.

"That track record doesn't instill confidence," Hoffman said Wednesday.

Las Vegas FBI office spokesman, Special Agent Daron W. Borst, acknowledged the inquiry into Le Menn's death has begun, but said there was no specified time frame for the investigation to be completed. The FBI is the investigative arm of the Justice Department.

French officials have been watching the case closely, and French diplomats in Washington have expressed their concern to the U.S. State Department that the French government was not being kept informed of developments in the case. Diplomats learned of the coroner's findings through the media, said Yo-Jung Chen, a spokesman for the French Consulate in Los Angeles.

"We are not satisfied so far and have let the State Department know that we are not satisfied by not being informed in any way of the results of the investigation," Chen said.

Philip Moreau, a cousin of Le Menn living in Los Angeles, said based on the history of the coroner's inquest, the hearing "doesn't look like a fair deal."

"I believe someone outside of Las Vegas needs to look into this," he said. "Someone outside of Las Vegas is the only one who can do a proper investigation."

Keller said the facts of the case will come out in the coroner's inquest and a decision will be made by seven citizens.

The events that led up to Le Menn's death began about 9 a.m. Jan. 4, when Clark County School Police arrested Le Menn at Marion Earl Elementary School after reports that he banged on the doors of a school bus, put his arm around a child and yelled at officers, "I'm here to help the children. I'm here to save them."

Le Menn was booked into the jail on three misdemeanors. Police said Le Menn stripped off his clothing, plugged up the toilet and flooded the cell. He was also making bizarre statements about being Christ.

Le Menn was handcuffed and taken to another cell that was equipped with a videocamera, which enabled jail officials to watch him. Jailers were concerned about Le Menn's mental stability after the statements.

Once a guard took off one handcuff, the struggle with Le Menn started. As many as five officers wrestled with Le Menn in the small cell for about five minutes before he stopped moving. Guards started CPR, but Le Menn later died.