Felony sex crime charges against detective dropped

Keith Paul

Thursday, Jan. 11, 2001 | 11:20 a.m.

Federal and county prosecutors will not press felony sex crime charges against a Metro Police narcotics detective accused of having a sexual relationship with a local 16-year-old boy, but he still faces possible misdemeanor charges.

The U.S. Attorney's Office and the Clark County District Attorney concluded Wednesday they could not prove a felony against Detective Vinten Hartung, 42, during a meeting to discuss the case.

"It is true that we concluded we could not successfully prosecute any felony sex offense either federally or through state law," Clark County District Attorney Stewart Bell said. "There may be some collateral issues that Metro has not completed yet that could lead to some misdemeanor charges."

Howard Zlotnick, first assistant U.S. Attorney, said he and Bell met to discuss the case and agreed with Bell's assessment there were no federal violations that could be prosecuted.

But Metro investigators expect to file a criminal case with county prosecutors on furnishing alcohol to a minor and/or contributing to the delinquency of a minor -- both misdemeanors -- in the next week or two, Deputy Chief Ray Flynn said.

Hartung could not be reached for comment this morning.

Hartung was served with a temporary restraining order last week to stay away from the boy after the boy's family filed a police report alleging the detective came to their home and called several times on Christmas.

Hartung had been ordered several times by Metro officials to stay away from the teen since November, when the boy's father complained to police about Hartung's relationship with the teen.

An investigation started after the complaint determined there was a sexual relationship between the boy and Hartung and it was consensual. Police believe the two met over the Internet in an America Online chat room named "m for m" -- men for men.

U.S. Attorney's Office prosecutors decided against filing a federal charge of using the Internet to persuade or influence a minor for illegal sexual activity against Hartung.

Flynn said detectives submitted the case for prosecutors to make a decision on the charge because Internet crimes are new.

"We're treading in new areas here," Flynn said. "Internet crimes are occurring more frequently and the case law is still developing."

County prosecutors appeared reluctant last week to file charges under the "infamous crimes against nature" statute, which applies only to homosexual sex and defines a minor as under 18. Nevada's age of consent is 16. Deputy Clark County District Attorney Doug Herndon said that charge normally is used in addition to other sexual assault charges.

Hartung has been relieved of duty and on administrative leave with pay since November. He still faces an internal investigation for conduct unbecoming an officer.

Internal affairs detectives are also investigating a charge of insubordination stemming from a police report filed Dec. 25 alleging Hartung called the boy and went to his house on Christmas.

At 8:30 p.m. on Christmas the boy "received a call from (Hartung) and told (the boy) not to hang up. (The boy) did hang up on Hartung," according to the police report.

Later a pile of items were noticed in the front yard. About 10:15 p.m. Hartung called again, the report said.

"Hartung stated to (the boy), 'All he wanted to do was drop off the stuff by your bedroom window and I will never talk to you again,' " according to the report.

The items in the front yard had been moved by the teen's bedroom. The police impounded the items described as "letters and paperwork."

The internal investigation will most likely be completed in a couple of weeks. If the investigation determines Hartung violated department policies, he could face punishment up to and including being fired.