Tuesday, Sept. 18, 2001 | 10:48 a.m.
A Metro Police officer accused by a state lawmaker of beating a man is demanding Assemblywoman Kathy Von Tobel retract the allegations he says are false.
"At a time when America is uniting as a whole, Von Tobel's comments are irresponsible and an embarrassment," Officer Oscar Fulton told the Sun.
Fulton said if Von Tobel does not retract the allegation, he will ask the county to pursue misdemeanor charges against her of filing a false report.
Von Tobel, a Las Vegas Republican, claims she and her boyfriend saw six officers early Thursday surrounding a man. Three of them were holding the man down and beating him with batons for 30 minutes, she said.
Von Tobel spoke to internal affairs detectives Monday, and an investigation into her allegations is being conducted.
"There wasn't a mark on him," Fulton said. "No one hit him. He was having what appeared to be a seizure. There were not six officers there, there were three."
Von Tobel stands by her claims and says the man should have been severely injured. She saw him hit many times by batons, she said.
"Why would I make something like this up?" said Von Tobel, who estimated she was about 200 feet away, standing on her balcony, when she saw the officers. "I know I saw six officers. If they are making up how many officers were there, it's telling me they are hiding other things."
Julian Walvoord, 35, was taken by American Medical Response paramedics to St. Rose Dominican Hospital for an involuntary psychiatric evaluation, according to a police report.
Walvoord was released from the hospital on Sunday, Shauna Walch, a hospital spokeswoman, said. She did not have any details about what treatment he received.
Attempts to locate Walvoord Monday and this morning were unsuccessful.
Fulton was the first officer called to a convenience store near Las Vegas Boulevard and Pebble Road about 12:30 a.m. Thursday on the complaint of a man scaring customers.
Fulton, a Metro officer for 2 1/2 years, saw a man walking away from the store as he drove up. After speaking to the clerk, Fulton stopped the man about 300 yards from the store. Fulton called for backup, according to a police report, after the man "was coherent, then he would be incoherent."
Walvoord stood in front of the police car and talked to Fulton, telling the officer he had been arrested "for robbery and stealing cars in California and had been to prison," according to the report.
"At no time were six officers present," Fulton said Monday. "At no time was a single baton drawn. At no time was a single incident of reportable use of force used.
"Occasionally an officer is wrong and should be punished. Occasionally our police actions are misunderstood, but when investigated, showed to be prudent, warranted and justifiable," Fulton said. In this case, he said, the allegation is simply false.
Fulton wrote in the report that Walvoord was stretching while standing in front of the car, as if he were going to fight or run. When Walvoord said his legs were cramping, Fulton told him to sit on the ground. Once Walvoord sat down, Fulton handcuffed him and checked him for weapons, finding none.
Fulton had Walvoord sit on the police car's hood, then went to check Walvoord's criminal history. About that time, two other officers arrived.
About then, Fulton said, Walvoord threw himself on the hood as if he were having a seizure, and Fulton called for an ambulance. The two arriving officers were told to stand on either side of the car to make sure Walvoord didn't fall off the hood. The officers then put him on the ground. Soon a firetruck arrived, and shortly afterward, an ambulance.
Walvoord was taken to the hospital. Fulton noted in his report that Walvoord kicked and broke the cone of the loud speaker on the front of the police car.
"It didn't appear that anything was criminal in nature, that he was having a medical problem and no charges are filed against Walvoord," according to the report.
But Von Tobel remained adamant that officers beat the man for 20 to 30 minutes and the man should have had serious injuries.
"He should have had broken ribs, serious bruising on his shoulders," she said.
When asked if she could have been mistaken and the man was not injured, Von Tobel responded, "I wouldn't believe it. I would find it hard to believe he didn't have serious injuries. It's not possible. I know what I saw."
Sheriff Jerry Keller said the internal investigation has started, and detectives will speak to all of those involved to determine what happened.
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