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Mona Shield Payne / Special to the Sun
Trevon Cole’s fiancee Sequioa Pearce and Craig Smith react with surprise after hearing the verdict of justifiable homicide during a coroner’s inquest Saturday, Aug. 21, 2010, at the Regional Justice Center.
By Jackie Valley (contact) 
Wednesday, April 20, 2011 | 1:18 p.m.
Sun Archives
- Sheriff says inquest shows Metro’s transparency (8-21-10)
- Woman says fiance had his hands up when shot by police (8-20-10)
- Vegas police study policy after drug raid slaying (8-4-10)
- Metro identifies officer involved in fatal apartment shooting (6-14-10)
- One person killed in Metro officer-involved shooting (6-11-10)
The family of Trevon Cole, who was fatally shot by an officer last June, has filed a lawsuit against Metro Police seeking $10 million in damages.
The lawsuit, filed Wednesday in U.S. District Court in Las Vegas, names the department as a defendant as well as Sheriff Douglas Gillespie; Brian Yant, who shot Cole while he was a detective in the narcotics division; and John Harney, a sergeant who was Yant’s supervisor when the shooting occurred.
Yant fired one shot that killed 21-year-old Cole, who was unarmed, during a raid at the Las Vegas apartment he shared with his nine-months-pregnant fiancee, Sequioa Pearce. Police said Cole made a “furtive movement” toward Yant when the detective kicked open a bathroom door and found Cole allegedly flushing marijuana down the toilet.
The raid on the apartment June 11, 2010, was conducted after Cole allegedly sold 1/8 ounce of marijuana to an undercover officer, which was captured on videotape by Langley Productions as part of a reality series.
After two days of testimony, a highly publicized coroner’s inquest in August cleared Yant in the shooting death of Cole. The seven-member jury ruled he was justified in shooting Cole, despite testimony revealing mistakes by detectives handling the case.
An affidavit for the search warrant included an inaccurate criminal history for Cole, confusing him with a man of the same name with previous arrests in Los Angeles and Houston.
Yant — who was involved in previous police shootings, including a fatal one — is no longer a narcotics detective. He has since been reassigned to Metro’s crime analyst group as an officer.
The federal lawsuit alleges violations of civil rights, civil conspiracy, battery, negligence and wrongful death on behalf of Metro and the defendants.
The complaint alleges the raid at Cole’s apartment was a stunt set up for filming purposes by Langley Productions as part of the reality series. Langley Productions is responsible for reality shows such as “Cops” and “Las Vegas Jailhouse.”
“It makes for better television to show an armed raid rather than a routine arrest,” the lawsuit states. “As a result of this policy, practice and custom, Trevon Cole lost his life.”
The raid, however, was not filmed because the production team was busy with footage from another police squad.
The lawsuit also claims “it was a policy, practice and custom for certain members, including higher ranking officers, of Metro to drink alcohol while they were working and investigating alleged cases, including the case of Trevon Cole.”
The Cole family also noted in the lawsuit that the narcotics detectives who are not SWAT officers trained to execute such search warrants mishandled the raid.
Metro changed that policy in the wake of the Cole shooting, now requiring any search warrant requiring the use of force to be done by SWAT officers.
In addition, the lawsuit accuses the defendants of causing harm to Cole and Pearce, who was home at the time of the shooting, based on their race.
An officer interviewing Pearce after the shooting allegedly “used the racially linked phrase ‘baby daddy’ when referring to Trevon,” according to the lawsuit.
Metro Police declined to comment about the lawsuit, citing their policy not to discuss pending litigation.
Attorneys representing the Cole family — Andre Lagomarsino, Cal Potter and John Funk — also declined to comment.
This guy didn't need to die over weed. Very bad.
This does not look good for the Taxpayers. We have all heard the tail that Brian Yant has told and it is truly hard to believe. I am not convinced that the inaccurate criminal history for Cole on the affidavit for the search warrant wasn't intentional so that the Judge would sign it. As far as the so called "furtive movement" any movement in that bathroom could have been considered furtive if you want it to. It is my opinion that Brian Yant shot Trevon Cole more out of fear and Cowardice than defending himself. And that is why I think the family could win the lawsuit. Keep in mind that the Jury doesn't have to have a unanimous decision in a civil suit.
An armed entry with search warrant for 1/8 ounce of marijuana..? The light on Yant's gun had dead batteries, so he goes in anyway? Too much trouble to get batteries for the light? Cole was therefore in the dark and Yant fires into the darkness at a moving shadow...because he is concerned for his life, and is cleared of wrong doing?
We have a legal industry, not a system and this was a big game hunt. This is the stuff of which careers and pensions are made from.
Anti metro and pro pot whiners whine all you want. He was a criminal knowingly breaking the law. And yeah, like Yant, if you felt a need to do what you needed to do to protect yourself and your own life during a raid you would do it. You weren't there in his shoes.
I don't want metro breaking down my door or shooting me, but that might be one of many reasons why I don't sell pot and instead work for a living doing a real job.
Cole wanted the easy way out and decided to sell pot. Now his family is trying to cash in on the same kind of early retirement with their frivolous lawsuit.
Not too far off from the Erik Scott family quite frankly. Blameshifting + greed = lawsuit. You dont want a dead son, try to keep him away from drugs both using and/or selling.
Hmmm, drugs as a factor in both this and the Erik Scott situation...quell surprise.
Fact is they shot an unarmed man. A drug dealer thug yes, but still a human being. So the county needs to sit down and offer these people a fair settlement so that his child can be cared for in a dignified fashion until he is an adult.
Another worthless drug dealer shot by cops. Who cares?
"despite testimony revealing mistakes made by the detectives handling the case". i kept thinking, what if it was my son, in which these mistakes were made. i am tired of these for nothing marijuana busts. an 1/8 ounce of marijuana, led to cole's death, that is the real facts here... plain and simple. and now, we the taxpayers, will again, because of metro doings... have to pay to settle with the relatives. make no mistake, they will get money. state of nevada, decriminalize marijuana and have the police move on. it is my opinion that the marijuana laws are not worth enforcing. this is a real shoot~up town. it is almost getting like the old wild west days here in vegas!
Horsesh!t, olbuddy.
Yant executed Cole. Plain and simple, he executed him with a single aimed shot at a downward angle into the center of his head. Cole was unarmed, in a private residence that was raided based on a fraudulently obtained search warrant.
Yant's actions weren't mistakes. From the beginning of this clusterfark, he deliberately and repeatedly took illegal actions that directly led to the death of a civilian, and for what purpose? A big "raid" on a guy who sold $40 worth of weed?
Yant screwed the pooch. Even metro realizes that much, hence his reassignment to a desk job away from anyone else to murder. Unfortunately they refuse to openly admit that he murdered someone, so they have to keep him around to keep up appearances.
I hope for the community that the Cole family refuses to accept a sealed settlement and pushes for a jury verdict. Hopefully after metro loses this suit, Gillespie will grow the balls to fire Yant. Doubtful, but we can all hope for small miracles.
Damn. This is just crazy!
Yant is a cold blooded MURDERER endorsed by Metro. Coupled with our ridiculous marijuana policy that gives law enforcement license to harass, imprison and kill minorities over a PLANT, Mr. Cole had no chance. Wake up people. This young man would be alive if marijuana was legal, Yant would have had no excuse to be in this man's home. LEGALIZE WEED AND TAKE OUR POWER BACK!!!!
hey olbuddy.... sure seems like you are in the minority here. why not get with the times? your way of thinking is long gone. you show your lack of character by bringing in the eric scott murder. 7 bullets put in him.... with 5 to his back. saying the scott family is greedy and blame shifting is disturbing. when is the last time you talked to the scott family?
Wouldn't $10 million help assure Yant, Harney and Gillespie received the same "mishandled" fate?
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Thanks to all the bozos reelecting this failure of a sheriff. Millions down the drain again thanks to a PD with no control and no oversight.
being in the minority doesn't necessarily make someone wrong, in fact I'd more often be more interested in what someone who has the guts and the mental stamina to pull away from the herd has to say.
you are all sheep.
10 mil to raise a former drug dealers son? Surely you jest. I'd like to see the proof that it would indeed even go to that and not up someones nose or toward "bling-bling," an overpriced sneaker collection, and a tricked out escalade with tinted windows.
The "Cops" show, and its connection with Metro is something that should be investigated by the Justice Department. How much in the way of campaign contributions does this outfit donate to the Politicians?
Oh wait till the local talk show crowd, Lord HA HA and Axis Sally get a hold of this one, we know the kind of Boiler Plate "Metro can do know wrong" crap they will belch out.
Why didn't they simply arrest Cole when he sold them drugs? Why set-up a risky confrontation? which they lost.
Now we have the all too familiar lying and blame-shifting. Course Metro blew it. How did any of this require an armed invasion of a private residence? This was a waste of resources from the get-go.
The show "Cops". Yant wanted to be on TV.
Olbuddy,
If Yant didn't do anything wrong, as you suggest, why did he get demoted and strapped to a desk?
I think it's bitter sweet to read the passionate comments from the community. It is very sad, but I would put Mr. Cole as the man who sacrificed himself in Tunisia in which a revolution was sparked. I am not a trouble maker at all, but to see a young talented Black man trying to support his family during the worst economic time in our lives, by selling something that is basically harmless and contributes to well-being. I have had 4 run ins with Metro since moving here. I am black, 6'4'', 280 lbs and I can tell you first hand I also feel as though a target is on me. I have also had issues with Henderson. Mr Cole, my prayers are with you and everyone else who has been murdered by law enforcement here in Las Vegas, North Las Vegas, and Henderson. To the community, thank you for taking the time to register to leave comments. Lets grow.
I hope they win every dime!
I see these killer cops at the gym all the time. They walk around the gym like they own it. They have been trying to get all non cops out of this gym for awhile now. The gym staff are afraid of them, and let them workout without a workout towel. They are still damaging personal property in the parking lot. Gang of thugs.
R.I.P. Cole
I believe in the justice system in this country. The jury will decide on the $$$. Not the Judge or Lawyers or the Plaintiffs. The jury.
Also, people keep saying 1/8 ounce. He was shot in the bathroom where he was flushing the toilet. Just how much of what is unknown.
keystone 6:
the answer is to appease crying liberals such as yourself and the ACLU and it's scumbag drug lawyers. It's the facade of punitive action w/o the man losing his job. Once the smoke clears he'll get his beat back if he wants it.
Wolfdog
Oh my god! They workout without a towel!? Is it possible you just feel intimidated by them because of either an inferiority complex and/or a criminal past? You sound like the school geek still railing against the jocks because you feel picked on and you can't get any of the cheerleaders to stop laughing at you.
I'm seeing more and more shootings of unarmed men and women! It's always it looks like he was going for a gun,or it looks like he was going for my gun. I'm more afraid of the cops behind me than a gang of thugs! I being a law abiding citizen always stop as soon as possible when an officer pulls me over with both hands on the wheel. But what about when I reach for my license and registration will he think I'm going for a gun and I'll never make it back from work that day?
bring back bill young as sheriff
I say sell this officer's organs - heart, lungs, liver, to pay the judgment.
@goingbust
You're sick. Perhaps you should live in a country that practices Sharia Law.
Hey olbuddy is that your nickname for your right hand? Or are you left handed?
Antigov
I am ambidextrous, i.e., a switch hitter, I like to change it up now and again.
Did you seriously think you could get to me, hurt my feelings, or raise my ire with a silly masturbatory reference and your 11 year old intellect?
Just so you know, when you counter with something off topic and weak frat boy potty humor you are showing your hand (no pun intended,) which is that you are out of intelligent arguments for your stand (if you ever had one,) regarding the topic at hand and you have just waved the white flag and acknowledged that the opposition is right.
Good day!
olbuddy, big gun little weiner.
well said, that'll put me in my place and teach me.
@Oldbuddy...I agree when people resort to such juvenile arguments then they show they have nothing intelligent to say. However, that doesn't make you right. Yant is just as much a criminal as Cole. Yant has been caught perjuring himself on at least four separate occasions. Once when he filed the erroneous app. for a warrant, second when he testified he had made a mistake in doing so, third when he testified as to what happened in the bathroom since the laws of physics make his story impossible and finally when he swore he watched a CI buy drugs from a man who wasn't even in the country at the time. Since an officer's word is often the only thing to go on when deciding guilt or innocence, a violation of that public trust is far more damaging than selling a little weed.
That Yant "stacked the deck", with the inaccurate criminal history for Cole...so that the judge would sign the search warrant, seems entirely plausible and even probable.
That Yant's "story" is hard to believe is entirely believable; that sort of thing is all too common with authorities who, sometimes, seem to feel that they do not have to explain to anyone...and then are forced to.
The family suing was inevitable.
Too bad that, when the family wins it's lawsuit, the taxpayers will bear the brunt of the expense instead of Yant/Metro.
@bghs1986
Apparently, the DA's office doesn't agree with you. I'll go with their interpretation of what "is" or "is not" perjury.
Cole R.I.P.
But, I agree with you that we taxpayers are the losers. In such hard economic times, I hope the award does not cause some Las Vegas employees to lose their jobs.
he didn't even care about his unborn child. probably smoked in front of the baby mama. since when is it a racial term? they started it.
agreed mikeyg
bghs1986 - i disagree, but i also tip my hat to you for as you alluded to, showing that intelligent adults can have a debate/disagreement but do so in an intelligent and articulate way.
If Yant is crooked, let Karma take it's course as it always does one way or the other and eventually.
That still doesn't change the fact that the dead perp was a criminal and most who come on here and whine for him are showing themselves as friends, family, and/or like minded criminals w/o presenting an intelligent argument as to why metro should not have been on his trail in the first place.
Pro pot arguments are irrelevant. A fairly harmless drug? Sure. But you still know it's illegal and you know the risks going in, especially when you decide to traffic it.
It also doesn't change the fact that a $10 mil lawsuit is frivolity and has no basis in "justice," or in providing for the dead perps son. It has its roots based on greed, pure and simple.