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.
archive
- Most Read
- Discussed
- Most E-mailed
- Sarah Palin wasn’t a disaster, but Obama is
- CityCenter’s Mandarin Oriental makes Vegas debut
- Kimbo Slice not enjoying cutting weight for first time
- As national jobless rate improves, LV sees signs of trouble
- Pacquiao-Mayweather fight on, March date likely
- Kruger may soon seek more disciplined shot selection
- Sub-freezing temperatures hit Las Vegas
- Del Sol seeks upset against powerhouse Bishop Gorman
- Court upholds sex conviction for Las Vegas magician
- UNLV president denies reports of Livengood as new AD
Blogs
The Kats Report
Kirk Kerkorian: CityCenter is 'simply the most amazing' Vegas project ever (1 Comment)
Robin Leach's Las Vegas Celebrity Watch
Great Santa Run: Unofficial 14,595 runners would be a new record
Elsewhere
Rampage Jackson to return to UFC (3 Comments)
Politics: Ralston's Flash
Superintendents want state to immediately seek Race to Top funds
Top Chef: Las Vegas
The Jet Stream: The great Jennifer debate (2 Comments)
The Kats Report
From Eva Longoria Parker to a cluster of execs, crowd takes a shine to Crystals (4 Comments)
Elsewhere
Harry Reid's recipe for getting health-care deal done (10 Comments)
Calendar »
- 5 Sat
- 6 Sun
- 7 Mon
- 8 Tue
- 9 Wed
-
Chickenfoot at The Joint
The Joint | 8 p.m. to 11:59 p.m.
-
The Ultimate Fighter 10 Finale at the Pearl
The Pearl at the Palms | 4 p.m. to 10 p.m.
-
Great Santa Run at Town Square
Town Square | 8 a.m. to 10 a.m.
-
Willie Nelson at Planet Hollywood Theatre for the Performing Arts
Planet Hollywood Resort and Casino | 9 p.m. to 11:59 p.m.
-
Cash'd Out at Aliante Station
Aliante Station Casino and Hotel | 9 p.m. to 11:59 p.m.
-
Brooks & Dunn at the Hilton
Las Vegas Hilton
-
Ron White performs at the Mirage
Terry Fator Theatre
The Sun
Locally owned and independent for more than 50 years.
Technorati












