Vitarelli jurors hear testimony of security chief

Kim Smith

Friday, Aug. 23, 2002 | 9:23 a.m.

Jurors who must decide if Harrah's should be held responsible for the September 2000 shooting death of a tourist from Hawaii spent most of Thursday listening to the testimony of the lieutenant in charge of security that morning.

Attorneys from both sides spent more than four hours grilling Bobby Johnson on the difference between detained and arrested, and subjects and suspects.

Heather Vitarelli was shot in the back and killed when suspected coin bucket thief Stephen Mullen struggled with security officers who attempted to take him into custody shortly after 1 a.m. on Sept. 8, 2000.

An attorney for Vitarelli's parents, Wayne Shaffer, told jurors during opening arguments Wednesday that security officers should have taken Mullen off the casino floor as soon as they realized he was the same man suspected in a series of earlier thefts.

Shaffer also alleged that Harrah's didn't have enough officers on hand to arrest Mullen.

Johnson testified Thursday that when Mullen was stopped by officers they only knew he resembled a man described on a flyer as a possible thief. They also knew they had seen someone who looked like him on a surveillance tape earlier in the evening during a briefing on the thefts.

"There was no criminal activity on that video, sir," Johnson told Harrah's attorney Robert Foster.

It was only after he viewed other videotapes -- after Mullen was detained -- that he had "probable cause" to believe Mullen had committed a crime and could be arrested, Johnson said.

It was at that moment that Mullen changed from being a subject to being a suspect and could be removed from the casino floor and detained, Johnson said.

Johnson said he had no reason to believe that Mullen would become combative or was armed.

Up until the time two officers tried to handcuff Mullen, he was "very cooperative and calm," Johnson said.

Johnson also noted that Harrah's policy requires at least two officers to conduct an arrest and that policy was followed.

Within seconds of giving the order to arrest Mullen Johnson said he heard a commotion and saw Mullen on the ground struggling with his officers.

He joined the struggle, Johnson said.

"The next thing I know I hear BOOM! and another BOOM! and Officer (Frank) Willis rolled off the pile saying 'I'm hit! I'm hit!' " Johnson said.

Johnson said he was able to put his finger behind the trigger of Mullen's gun as Mullen tried to fire more shots from underneath him. Eventually, with the help of other officers and Metro police, Mullen was handcuffed and taken to jail.

Two hours later, Johnson said he realized he had two bullet holes in the calf portion of his pants. He assumes that bullet is the one that struck Vitarelli.

Mullen, 34, is currently serving a 40-year to life sentence for Vitarelli's death and a consecutive sentence of 16 to 40 years for the shooting of Willis. who recovered from his wounds.

Michael Frimmel, 33, who authorities allege accompanied Mullen during a three-week crime spree leading up to Vitarelli's death, is serving two to five years in prison.