Man accused of tree cutting described as too feeble

Wednesday, Jan. 4, 2006 | 8:10 a.m.

The attorney for a 58-year-old Henderson man accused of cutting trees in an upscale neighborhood said his client is too feeble to have committed the vandalism.

Las Vegas attorney James Leavitt said Douglas Hoffman was simply taking a walk during the early morning hours of Nov. 26, at a time when a retired Ventura County, Calif., sheriff's deputy claimed he saw Hoffman cutting a tree and later found him in possession of a handsaw.

Leavitt said Hoffman took a walk, as he often does, because he suffers from a medical condition that makes it difficult to sleep. He declined to elaborate.

Although Hoffman walked about a mile from his home around 2 a.m. that day, Leavitt said, his client has a series of ailments that would make it impossible to commit the extensive vandalism for which he was arrested.

"He is probably physically incapable of doing the sort of thing they are suggesting he was doing," Leavitt said. "It takes a lot of work to cut through a limb. He maintains his innocence completely."

As for Hoffman possessing the saw, Leavitt said, he found it during his walk, a moment after he saw a person who might have been the vandal walking away from the area.

Leavitt declined to make his client available for an interview.

Bill Edwards, a 60-year-old Henderson resident and retired sheriff's deputy, who made a citizen's arrest on Hoffman, told police he was driving home from his job as a security officer at McCarran International Airport when he saw trees cut along the roadway. He said he searched for the vandal and eventually came upon Hoffman.

Henderson Police declined to comment on Leavitt's statement. The department has accused Hoffman of cutting 17 trees worth about $12,000 near the intersection of Sun City Anthem Drive and Anthem Parkway.

Since November 2004, more than 500 trees valued at more than $250,000 have been cut down.

The Clark County district attorney's office has yet to file charges in the case. Frank Ponticello, a chief deputy district attorney, said his department is waiting for more information from police before deciding whether to proceed with charges. Hoffman was released from jail on $3,000 bond.

"I suspect the district attorney's office is investigating to see whether or not there is enough evidence for any of the charges," Leavitt said. "They are certainly looking at other incidents to see if there is any involvement."

In a declaration of his arrest filed by Henderson Police, Hoffman's wife, Debbie, said her husband cut the tops of trees next to their home on Colvin Run Drive in Sun City Anthem as a way to retain their view in the neighborhood that has a view of mountains and Las Vegas Boulevard.

But she said her husband was not responsible for cutting all of the trees because they were out of town, the arrest statement said. The couple also live in Arizona.

Leavitt said Hoffman should have spoken with the community association, but had a right to cut branches that went onto his property line. He said it makes no sense for Hoffman to cut trees that are not near his home.

"Where this citizen made an arrest and he (Hoffman) supposedly damaged trees, there would be absolutely no benefit to him," Leavitt said. He said his client believes whoever did the vandalism was wrong and holds no grudge against Edwards.

"He holds no hard feelings," Leavitt said. "A lot of times the truth is stranger than fiction. This is an unusual case. In 15 years, I have never seen anyone come up on these charges."

If charged with malicious destruction of private property for which he was arrested, Hoffman faces up to five years in prison and a fine up to $10,000 if convicted. He also could be ordered to pay restitution.

Brian Wargo can be reached at 259-4011 or at wargo@lasvegassun.com.