Citizens find two officers used excessive force on woman

Keith Paul

Tuesday, March 27, 2001 | 10:59 a.m.

The Metro Police Citizen Review Board, in a split vote, ruled two officers used excessive force against a woman during a traffic stop. The department's investigation had exonerated the officers.

The board recommended a written reprimand for traffic officers Michael Laythrope and Richard Ramirez, in the first finding of excessive force by officers since the board was formed in October.

Board members voted 3-2 to sustain the complaint of excessive force against Laythrope and Ramirez, saying the officers escalated the situation.

The board also voted 4-1 that the officers had participated in conduct unbecoming an officer, agreeing that they were not courteous. The board rejected a complaint that the officers used gender profiling in pulling over the woman.

Sheriff Jerry Keller will review the board's findings today along with the original internal affairs investigation to make a decision on the final outcome of the incident. The board's findings, completed Friday and released Monday, are recommendations only.

Neither of the officers appeared at the review board hearing, prompting Keller to make plans for meetings in the coming weeks to answer officers' questions about the review board.

"I personally believe the reason for (the board's findings) is that the officers weren't there to tell their side of the story," Undersheriff Richard Winget said. "They did not play their ace. Their ace is standing up and telling what they saw and experienced."

Without the officers' testimony, the review board could only rely on the internal affairs investigation, testimony of a couple of witnesses and the account of the complainant, Katherine Marie Brobeck.

"The panel finds that the officers involved allowed the situation to escalate and used excessive force to restrain the complainant," according to the report.

However, a contrasting view was expressed by two of the five-member hearing panel.

"The minority finds that the officers used that degree of force necessary to best de-escalate the situation and were authorized in the use of this force to restrain or subdue a resistant suspect and bring an unlawful situation safely and effectively under control," according to the report.

The incident stemmed from a traffic stop of Brobeck about 2:30 p.m. Aug. 19 on South Third Street. Brobeck asked why she was getting the ticket and not others on the street, then signed it with an "X" before signing her name, according to the report and board officials.

Police claim she swore at them and sped off in a manner the officers deemed was another violation, so they stopped her again. Brobeck then allegedly refused to sign the second ticket and was eventually arrested for not signing.

The officers used force to take her into custody, the report says. While the board found that the officers were not courteous, "the officers were clearly provoked by the complainant's profanity telling them to 'F' off after receiving (the first) minor traffic citation."

But the board in the majority decision stated the officers then escalated the situation by refusing to respond to "numerous pleas by the complainant to be told what she did wrong" until she was arrested.

"The officers had the opportunity and could have de-escalated the confrontation," the board stated.

Review board Executive Director Andrea Beckman said since the vote was so close, the officers' testimony may have swung the vote if they had chosen to attend the hearing.

"Without their testimony, the board had to rely on the reports of the incident," Beckman said. "But a written report isn't the same as hearing from the officers what happened."

Since the 25-member review board was formed in October, the screening panel has either dismissed or agreed with internal affairs on the vast majority of the estimated 40 complaints reviewed. The screening panel has sent three complaints to a hearing board and sent about six complaints to internal affairs for an investigation.

None of the officers involved in the three cases put before a hearing panel has testified. In two cases, including the most recent one, the officers didn't appear. In the third case the officer appeared, but refused to testify.

John Dean Harper, attorney of the Police Protective Association, has advised union members not to testify before the board.

The board has said it might begin issuing subpoenas to officers to compel them to appear. Harper responds that the officers still have their Fifth Amendment rights.

Officers are only hurting themselves, American Civil Liberties Union of Nevada Executive Director Gary Peck said.

"The union and its officers are doing themselves no favor by routinely refusing to appear before the board to present their side in these cases," Peck said. "All they do is add to the impression that they are unwilling to be held accountable to the public they are supposed to serve."