Ruling on citizen’s arrest reversed

Thursday, July 26, 2001 | 10:43 a.m.

CARSON CITY -- A person has no right under the law to use deadly force when making a citizen's arrest of a suspected felon, the Nevada Supreme Court has ruled.

The court, in a decision issued Wednesday, said the use of deadly force was "unreasonable" unless the citizen faced serious bodily injury.

Justice Deborah Agosti, who wrote the unanimous ruling, rejected the theory that common law still prevails that permits the use of deadly force when trying to apprehend a fleeing felon.

The court reinstated charges of assault with a deadly weapon and discharging a firearm at another against contractor Rolland Weddell, who has businesses both in Carson City and Las Vegas.

The decision overturns the ruling of retired District Judge Mike Fondi, who held an individual has the right to use whatever force is necessary to effect the arrest of a fleeing felon.

Weddell said he will ask for a rehearing before the full Supreme Court, rather than a three-judge panel.

The incident involving Weddell and two brothers started in October 1997. One of the brothers drove onto Waddell's business and struck an employee. The following day Weddell went to the home of the Bustamonte brothers. He notified police but they never showed up.

James Bustamonte came out of the house and Weddell pulled his gun and ordered Bustamonte to place his hands on the hood of a car. After an argument, Bustamonte turned and ran and Weddell shot at him several times. Bustamonte was not hit.

Weddell was charged with the two criminal charges.

Agosti said common law once permitted the use of deadly force when trying to arrest a suspected felon. But that law, which went into effect in 1931, was repealed in 1993, she said.