State to pay $2 million in traffic investigation settlement

Monday, April 13, 2009 | 10:13 a.m.

UPDATED STORY: Board approves $2 million settlement in traffic death

CARSON CITY – A 1994 traffic death investigation by the Nevada Highway Patrol will cost the state $2 million.

The state Board of Examiners is set Tuesday to approve the $2 million settlement to Michael Delew, whose wife Erin was killed when her bicycle was hit by a car driven by Janet Kathleen Wagner, the wife of a Metro Police officer.

Delew contends law enforcement covered up the facts in the death. He contended that Wagner was speeding at the time of the accident, was under the influence of alcohol and violated the right of way of Erin Delew. The crash occurred in Las Vegas.

Metro has already settled for $1.4 million.

Stan Miller, claims manager for the state Attorney General, said the case was to go to trial this month when a federal judge, at a settlement conference, advised the state it would be hit for several million dollars.

It will be the largest settlement paid by the state, Miller said, once the federal court in Las Vegas sets the fees for attorneys. The largest previous settlement was $2.5 million, paid when a highway patrol trooper hit a vehicle killing four people.

The case has been to the 9th U.S. Circuit Court of Appeals twice.

After the accident, it was about two hours before the Highway Patrol was called. It was two hours later before a blood alcohol test was performed on Wagner.

The patrol, according to the Delew suit, deliberately failed to preserve physical evidence such as skid marks and relevant debris. And it allowed Wagner to leave the scene of the accident.

Delew alleged it was a defective investigation and there was a conspiracy between the Highway Patrol and Metro because the driver was the wife of a police officer. The state has denied the allegations.

Delew filed a wrongful death suit in November 1994 and the court battle has continued since then.

Miller, in his report to the board of examiners, said “Although it does not appear there was any conspiracy, a jury could be led to believe there was and award a judgment far in excess of the settlement amount.

“This would be a very long and costly trial in which an adverse judgment could have a serious impact on the state’s budget,” Miller said in his report to the board, which is composed of the governor, attorney general and secretary of state.

Discussion: 10 comments so far…

By goingbust

4/13/09 at 10:29 a.m.

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The state should pay $100 million for forcing these poor people to wat 14 years for justice by deliberately clogging this up in the courts.
By neiman1

4/13/09 at 10:36 a.m.

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Did anyone go to jail. These are felonies and nothing is worse than cops lying, especially to protect one of their own.
By bdover

4/13/09 at 10:53 a.m.

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Cops lie every day. If you brought Crown Jewel Luke Morrison to the stand, he would lie. And the DA would back him up. Let alone the Police Chief. Sort of like a liars lineup allstars.

RIP, Selima.....
By williams

4/13/09 at 10:56 a.m.

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Not surprised by law enforcement, protect their own at everyone elses expense.
By POWERPLAY

4/13/09 at 2:07 p.m.

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That cops wife and all the cops that were involved In that Investigation back In 1994 should be prosecuted in federal court for violating these womans civil rights. these cops covered up felonies and nothing good will ever come out of it.
By TransAm1986

4/13/09 at 10:34 p.m.

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This judgement is wrong. It was Metro that screwed the pooch on this crash. They attempted to cover for the wife, and then realized that they were involved in a big mess. When NHP arrived on the scene, they knew this was going to come back to bite everyone years down the road. The NHP should have refused to investigate the crash, because the scene was already destroyed and tainted by the officers on scene. That is the only mistake made by the state that night.
By odog

4/14/09 at 6:13 a.m.

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It should be mandatory that all government employees have to purchase Professional liability insurance to prevent the taxpayers from being responsible for their actions or inactions. It would also help screen the corrupt individuals along with the ones that have had prior claims.
By afveteran

4/14/09 at 4:50 p.m.

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Once in a blue moon case.
Let's not panic over this.
By GunslingerA10

4/15/09 at 7:48 a.m.

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I find this rather funny, not long ago I read that the judge in a case against Sen Stevens filed charges against the state Attorney General, and the rest of the team for botching that case up. Yet, here the Judge is not looking to place any fault on the State or Metro, and instead is advising them to run and hide, pay the money, "Don't Pass Go".

"Stan Miller, claims manager for the state Attorney General, said the case was to go to trial this month when a federal judge, at a settlement conference, advised the state it would be hit for several million dollars".

I wonder in who's interest the law (federal judge) was on, that of the people or was it self interest. How can we say the law is blind, if everybody working in the bureaucracy are against the people they work for.

If the NHP had not come out that night, to document all the garbage made at the scene by the Metro officers who had already destroyed and tainted the evidence, it might have been a closed case in favor of the Metro.

Now, after all these years (14+) of pain and suffering by the Delew family the State is on it's way to another cover up to keep from paying what it should; for shame, it is all a big sham the judicial is employing.

Haven't you hear the phrase "You lie and I'll swear to it" Hello.

The law is subpose to be on the side of the people or rather to help protect the people, but it doesn't seem to be the case here.

At this point it should all be about the Delew family and what they want, not what the State or Metro wants to give to make the Delew' go away. The Officers involed in this mess should count their lucky stars they are not in jail for all they have done so far, and this should be a wake-up call for the rest of the force out there who have ideas of the same sort.

It is a hard life to tow when you wear the blue, but then everyone can't wear it, or reap the benifits of it.

To those Officers on the force doing their up-most to keep us safe, Thank You, this case is not about you, it is about the officers who think they are above the law and have lost their way.

Silence.
By azsk8fan

4/15/09 at 7:55 a.m.

Suggest removal

Good idea, Odog.