Jury clears officer in death of LV man

Jace Radke

Thursday, Dec. 19, 2002 | 11:20 a.m.

After deliberating for only 90 minutes about six days of testimony, a federal jury found that Metro Police Officer Bruce Gentner did not use excessive force when he shot and killed John Perrin on April 12, 1999.

It was the second time this year that a jury has ruled for Metro in civil rights cases linked to officer-involved shootings, said Walter Cannon, Metro's attorney.

"I think it's important to point out that everyone criticizes the coroner's inquest procedure, but this is the second time this year that a jury has delivered exactly the same verdict as an inquest," Cannon said.

The first was a February trial in which two officers were cleared of civil rights violations involving excessive force in the shooting death of Eric Payton, who struggled with the officers after they tried to arrest him for domestic violence in 1998.

Gary Peck, executive director of the American Civil Liberties Union of Nevada, said he believes that the two verdicts corroborating inquest rulings show nothing about the viability of the inquest system.

"The inquest process is a travesty," Peck said. "There is no opportunity for meaningful cross-examination, and it is not designed to fairly and objectively get to the truth."

During a coroner's inquest a jury of citizens determines if a shooting is excusable, justified or criminal. Prosecutors with the Clark County District Attorney's office, a hearing officer and the panel ask questions of the officer. The victim's family and interested parties can submit questions in writing to the hearing officer, who determines if they are asked.

In an inquest, six of seven jurors found that Gentner was justified when he fired 14 shots at Perrin, 32, striking him six times.

Wednesday's verdict cleared Gentner in a $25 million civil suit filed by Connie Perrin, the mother of the dead man.

Gentner said he stopped Perrin near Rainbow Boulevard and Tropicana Avenue for jaywalking and an alleged drug transaction.

Perrin allegedly turned away from Gentner and began pulling something from his waistband that Gentner perceived to be a weapon, and when Perrin spun toward Gentner the officer fired.

After the verdict was returned, Brent Bryson, attorney for Perrin's estate and his mother, said that he doesn't know what it takes to get a verdict against Metro.

"I think it shows that unless you have an actual witness to the shooting there's no way to prove the case," Bryson said.

Bryson said he thought information about Perrin's prior record and his drug habit, which was read into the record, may have played a role in the verdict.

"He was under the influence at the time (of the shooting)," Bryson said. "Legally that shouldn't have made a difference, but people are people.

"We wanted to bring the case before a jury, and we did. I'm not going to criticize the decision or the system."

Perrin spent 163 days in jail in 1998 and had charges of methamphetamine manufacturing and trafficking pending against him at the time of his death.

"Officer Gentner was certainly entitled to his day in court, and the jury has spoken and everyone has to live with the decision," Peck said. "I'm disappointed that the court allowed a significant part of the trial to become about John Perrin's character and criminal history, which were totally irrelevant to the events on the night of the shooting."

Bryson and Oakland, Calif., attorney John Burris each gave a closing statement Wednesday reviewing the case and saying that Perrin had been "demonized." They focused on the fact that Perrin was unarmed and on the credibility of Gentner, who they said changed details in his statements about the shooting.

"It's not a death warrant to be under the influence of drugs," Burris told the jury. "It's not a death warrant to jaywalk. It's not a death warrant to be noncompliant.

"It's up to you (the jury) to show that the standard in this community is not gunning down a man like a mad dog."

Cannon argued that while some minor details may have changed, the main elements of Gentner's story remained the same, and that Gentner did what any other well-trained officer would have done in the same situation.

Gentner said Perrin did not obey commands to move to the front of his patrol car, or to show his hands.

Perrin didn't have a gun, but was carrying the small jar of iodine crystals, a chemical used in the manufacture of methamphetamine.

Four bullets hit Perrin in the backside of his body, one grazed his flank and another struck him in the chest.

Gentner said he was pleased with the verdict as he left the George Federal Building on Wednesday.

"After 3 1/2 years it feels good to be done with this," Gentner said. "I'm gratified and I'd like to thank the jurors.

"I was a little surprised that the verdict came back so quickly, but I think the jury listened, paid attention to the evidence and made their decision based on that."

Connie Perrin, the dead man's mother, said she had no comment as she left the courthouse.

Jurors also declined to comment after delivering the verdict.