Downtown group stands by misdemeanor crackdown

Monday, July 12, 2004 | 10:25 a.m.

A downtown Las Vegas citizens group that has pushed for stiffer sentences for misdemeanor offenders stands by its strategy, despite the fact that homeless people apparently have been hit hard in the crackdown.

Doug DeMasi, a founder of the five-month-old Downtown Advocates Monitoring of Justice Systems -- DAM for short -- said the effort was aimed at arresting criminals on lesser charges and giving them maximum sentences for misdemeanors because they weren't getting stiff enough sentences for more serious crimes.

"Sometimes it's easier to get a conviction and more time in a city jail for an empty baggie than for cocaine that was in the baggie," said DeMasi, whose operates Chick's Wheel Alignment, at 10th Street and Ogden Avenue, a business his father founded at the site in the 1950s.

In recent weeks police have arrested repeat offenders on charges such as possession of drug paraphernalia and jaywalking, and Las Vegas Municipal Court judges have been handing down sentences up to the maximum six months in jail for those misdemeanors.

Last week it was learned that many homeless men and women were being sentenced to 90-day stays in city jail under the apparent policy to punish repeat offenders by pushing charges such as trespassing, misuse of a bus stop bench or jaywalking.

DeMasi said a news conference was scheduled for earlier today to address that issue and to defend the policy they believe will help make streets safer for downtown residents and businesses.

DeMasi said he got the idea for the formation of his citizens group while attending a federally sponsored "weed and seed" meeting in February to address community improvements. He said he and other group members have since met with police, the District Attorney's office, city officials and others.

"Municipal court already was doing a good job addressing the problem and we saw that we were getting more bite for the buck at that level," DeMasi said, noting that it was never the group's intention to push officials into targeting the homeless, if indeed that is what is going on, he said.

"The chronic homeless is a situation that needs to be addressed. This (stiffer sentencing for repeat offenders committing misdemeanors) was not meant for the homeless" unless they are repeatedly committing crimes.

Gary Peck, executive director of the American Civil Liberties Union of Nevada, said the city attorney's office invited judges, Metro Police and downtown business leaders to a meeting last month to discuss the issues. Peck said the meeting was held in part to put pressure on the Municipal Court.

"I understand and sympathize with their (community activists) concerns, though I feel they are misguided," Peck said today. "Certainly they have every right to engage in their advocacy. But what is going on is troubling because it is an attack on the integrity and independence of the court.

"Judges are supposed to decide on individual cases within the framework of the law, look at the facts and circumstance and apply their decisions in a judicious manner, not bend to the political winds."

City Attorney Brad Jerbic last week said his deputy attorneys are pushing for the longer sentences because freeing repeat offenders go after several days or weeks in jail was not working.