Metro recommends no charges against Gibbons; DA sets no time on decision

Jeff German, Las Vegas Sun

Friday, Dec. 1, 2006 | 7:19 a.m.

Metro Police said Thursday it will recommend that no criminal charges be filed against Gov.-elect Jim Gibbons over a woman's claims that he assaulted her outside a Las Vegas restaurant.

"The recommendation of the Las Vegas Metropolitan Police Department is that no charges be filed," police said in a one-page news release indicating that it is turning over the case to the district attorney's office. "The investigation uncovered no evidence to support the charge of battery."

The allegations were raised by Chrissy Mazzeo, a 32-year-old single mother and cocktail waitress, after she had been drinking with Gibbons on Oct. 13 at McCormick & Schmick's restaurant in the Hughes Center.

Mazzeo alleged that the assault occurred at a parking garage across the street from the restaurant where Gibbons, his campaign consultant Sig Rogich, Mazzeo and three other women had been drinking.

The encounter took place in the closing weeks of the gubernatorial race between Republican Gibbons and his Democratic opponent, state Sen. Dina Titus.

Mazzeo told police after the incident that Gibbons had grabbed her arms inside the parking garage, threw her up against a wall and tried to force himself on her sexually.

But Gibbons, a five-term congressman who will be sworn in as governor in January, said no assault occurred. He contended that he was helping Mazzeo find her truck outside the parking garage when she slipped, and he grabbed her arms to break her fall.

The final decision on whether to prosecute Gibbons will be made by District Attorney David Roger.

Roger said that police gave him a 25-page summary of the investigation Thursday afternoon and planned to turn over the entire case today.

Roger said he has no timetable for making his decision.

"I'm going to review the case with an open mind," he said.

In their press release, police officials said they had spent "more than 770 employee hours" on the misdemeanor investigation and had interviewed 44 people.

"Videotapes from all possible sources were reviewed," the release said.

Metro officers initially were told that there were no videotapes from surveillance cameras inside the garage at the time of the Oct. 13 incident.

But 11 days later, after Mazzeo held a news conference to stand by her story, Hughes Center security officers turned over tapes to police.

Mazzeo and Gibbons do not appear on the tapes, which top police officials believe are authentic.