Use-of-force probe not a criminal investigation

Jace Radke

Monday, March 8, 2004 | 9:38 a.m.

The Justice Department is looking into allegations of excessive force by local police officers, but it is not a criminal investigation, sources said.

A federal official with knowledge of the inquiry described it as, "very preliminary," and "not of a criminal nature."

Sources said that the Justice Department's Division of Civil Rights has contacted at least four local attorneys and requested copies of civil cases filed against local police agencies.

Metro Police Undersheriff Doug Gillespie said that he and Sheriff Bill Young are not aware of any investigation, adding that the department is open to cooperating with any inquiries.

"We don't know anything about it," Gillespie said. "We haven't been contacted by anyone with the Justice Department. We've called the FBI and the local office of the U.S. Attorney and they have no knowledge of it."

A spokeswoman with the Justice Department in Washington would not comment on whether or not there is an investigation into excessive police force in the Las Vegas Valley.

Gary Peck, Executive Director of the American Civil Liberties Union of Nevada, would not comment on whether or not he had been contacted by the Justice Department.

"If the people at the DOJ are conducting an inquiry, it certainly would not be entirely unreasonable," Peck said. "There have been a significant number of cases that have involved excessive force and other egregious conduct by police officers."

Peck said he believes that Young has made improvements in department policies, but feels accountability is still a central issue that needs to be further addressed.

Gillespie said that Metro's use-of-force policy is evaluated regularly, and that the policy is a matter of public record.

The Justice Department has looked at local cases of alleged excessive force in the past, including a civil case involving an 86-year-old Henderson man seeking unspecified damages for excessive force, battery and false imprisonment.

Charlie Walker filed a federal lawsuit against Henderson Police in November 2002, after he suffered five broken ribs and a fractured hip during a traffic stop. An arrest report states that Walker yelled at officers and advanced on them, and was pepper-sprayed.

The case was forwarded to the Justice Department for review in 2002, but no charges were ever filed by the federal agency. Walker's suit has not yet gone to trial.

Officials with Henderson and North Las Vegas Police said they have not been contacted by the Justice Department about any kind of inquiry or investigation.