Las Vegas Sun

March 19, 2024

State sells a key piece of evidence in Tire Works fraud sting

Gone: Car at center of lawsuit against Tire Works shops

2000 Chevy Malibu

courtesy of ktnv-TV

This 2000 Chevy Malibu, a decoy in good condition chosen from the state’s motor pool for its investigation into alleged deceptive practices at Tire Works, was inadvertently sold at auction. A Tire Works attorney plans to try to have the case dismissed for lack of evidence.

Channel 13 anchor Nina Radetich was recorded telling Tire Works -- the subject of investigative reports -- that her boyfriend could help the company with media relations in the wake of the series.

Channel 13 anchor Nina Radetich was recorded telling Tire Works -- the subject of investigative reports -- that her boyfriend could help the company with media relations in the wake of the series.

The undercover agent was a 2000 Chevy Malibu pulled from the Nevada state motor pool — a dark blue decoy car investigators from the state’s Consumer Affairs Division said was in tip-top shape when they dropped it off at three Tire Works auto repair locations in November.

When Tire Works mechanics suggested it needed expensive tuneups, the Malibu became a key piece of evidence in the state’s case against Tire Works for deceptive practices. It also became a key part of the ongoing expose KTNV-TV, Channel 13, has aired about the auto repair chain since March, complete with undercover footage the TV station gathered as the Malibu was hoisted in Tire Works auto bays for inspection.

TV cameras were not rolling, however, when the Malibu was sold at auction in April, sometime after the state had filed its lawsuit against Tire Works — a case that cited the Malibu sting, in part, as proof of the company’s fraudulent practices.

News of the car’s sale came out Aug. 27, when Dominic Gentile, the attorney representing Tire Works, told Judge Elizabeth Gonzalez that despite his request to inspect the state’s evidence — the car — he had not been given access to the vehicle, two months into the lawsuit.

“Maybe it went in for Cash for Clunkers,” Gentile joked, “and the case is over.”

Deputy Attorney General Raelene Palmer told the court Gentile’s guess was actually “pretty close.”

“It was auctioned,” Palmer said, adding that there had been a “lack of communication with the motor pool,” but that she wasn’t too concerned about it because the car was only a small part of the case.

Palmer might be concerned, the judge observed, when Gentile files a motion to dismiss the case because of the seemingly accidental sale of evidence — which is exactly what the attorney plans to do in the coming days.

“It is impossible for them to have that part of the case without the car,” Gentile said.

Meanwhile, KTNV is dealing with its own headache related to the Tire Works story.

As the Sun reported Friday, Channel 13 anchor Nina Radetich was recorded in a phone conversation with Tire Works owner Roshie Weightman, suggesting her boyfriend — NV Energy special projects manager Jack Finn, a former spokesman for Sen. John Ensign and former Gov. Kenny Guinn — could help the auto repair company handle media relations in the wake of negative coverage coming from her newsroom. During the call, Radetich asks Weightman to keep their conversations private.

KTNV Vice President and General Manager Jim Prather said that although the station considers Radetich’s actions a lapse of judgment, KTNV is “standing behind Nina 100 percent.” Radetich did not appear during her normally scheduled Monday shift, but returned to TV on Tuesday.

Sources close to Channel 13, who asked not to be identified for fear of retaliation, said Radetich’s colleagues were angry with the longtime Las Vegas newscaster, who reportedly read a prepared statement to colleagues Tuesday afternoon lamenting the media fallout after news of her recorded calls broke.

The Sun obtained a copy of the ethics guide KTNV employees are asked to read and sign. It states: “Journalists are obliged to make certain that no outside personal, philosophical or financial interests conflict with their professional activity or could create the appearance of a conflict with those professional duties.”

Prather would not comment on whether Radetich had or will be disciplined and said the anchor would not be speaking to the Sun.

Prather also refused to comment on another controversy surrounding the station’s Tire Works coverage — whether KTNV manipulated comments made by the state’s automotive expert in its newscast.

Robin Roques, an automotive instructor at the College of Southern Nevada, inspected the motor pool Malibu before state investigators dropped it off for service.

The news station was given access to Roques, the state’s expert witness, during the sting, and later aired video of Roques standing with the Malibu, purportedly talking about Tire Works, saying, “It’s fraud, OK? They’re selling stuff that is unneeded services. They’re just taking money from the public and giving the auto repair industry a bad name.”

Tire Works sued Roques for defamation.

In a counterclaim, Roques said he never told anybody with the TV station that Tire Works was defrauding the public.

His attorney at the time, CSN general counsel Anne Zemek De Dominguez, said Tuesday that Roques had been responding to something off-camera and wasn’t talking about the specific allegation that Tire Works was perpetrating fraud.

The implication is that Roques’ quotes were used out of context to further the TV station’s story.

Because this matter is now the subject of litigation, Prather would not comment except to say that KTNV stands by its story.

Roques’ case is now being handled by the attorney general’s office, De Dominguez said. The state agency has argued in court documents that the defamation suit is just an attempt to divert attention from Tire Works’ own “egregious conduct.”

Edie Cartwright, public information officer for the attorney general’s office, said the state could not comment on any of the developments ­— the auctioned car, Roques, whether the case would be negotiated down in light of these problems — as the case is ongoing.

Gentile, who has represented the Sun on First Amendment issues, said Deputy Attorney General Bob Giunta advised the court last week that he would be taking over the Tire Works case for the state, and that he was inclined to dismiss parts of the lawsuit that involved the Malibu sting.

If so, the state’s case against Tire Works would be based on numerous complaints filed by citizens against the auto repair chain, complaints Gentile says have since largely been resolved in the company’s favor.

While it remains to be seen whether Tire Works is the subject of future KTNV exposes, Prather insists the station is still committed to investigative journalism.

“We know that we have to earn the trust of our viewers one day at a time, one story at a time,” he said.

Join the Discussion:

Check this out for a full explanation of our conversion to the LiveFyre commenting system and instructions on how to sign up for an account.

Full comments policy