DA strikes back at Esmeralda County sheriff

Friday, Nov. 19, 2004 | 9:46 a.m.

CARSON CITY -- Esmeralda County District Attorney William Schaeffer said Thursday that some of the allegations brought against him by Sheriff Kenneth N. Elgan are "blatantly and patently false."

Elgan filed a District Court suit seeking the removal of Schaeffer on grounds he has failed to prosecute at least 10 criminal cases in which there was sufficient evidence to proceed. In addition, Elgan said Schaeffer rarely attends meetings of the Esmeralda County Commission, for which Schaeffer is the legal adviser.

Elgan, in his suit, cites more than 10 cases in which arrests were made and Schaeffer failed to prosecute. The cases were then dismissed because of inaction by the district attorney, the sheriff alleges.

Schaeffer, who lives in Battle Mountain, said the county courthouse in Goldfield is split and there is a "very strange" atmosphere in that rural county.

For one thing, the sheriff is married to the county clerk, he said. And, Schaeffer said, deputies who work under Elgan filed recall petitions against the justice of the peace and twice failed.

The Nevada Supreme Court ordered District Judge John Davis removed from hearing the case on the motion of Schaeffer. But the court lifted its stay of the proceedings and the case can now move forward.

Schaeffer said there are pending motions to dismiss the case because of procedural errors. He said the sheriff never paid a filing fee to bring the suit. He said the sheriff is "putting himself above the law," in avoiding the fees in the civil case.

Davis named a special prosecutor for the case, but the taxpayers of Esmeralda County should not be paying for a special prosecutor in a civil case, Schaffer said.

Esmeralda County, according to 2003 population figures, has slightly more than 1,100 residents.

The case, Schaeffer said, probably would be transferred to Robert Lane, the other judge in that judicial district.

Schaeffer was district attorney in Lander County for more than two terms. He said he was appointed, then elected, survived a recall election and was re-elected.

Schaeffer said he is still district attorney and handling all of the required duties.