Las Vegas Sun

March 28, 2024

Jury weighs fate of three ex-cops in casino beating case

Most of the jurors who must decide the fate of three former Metro Police officers charged with brutalizing a coin theft suspect sat stone-faced through nearly six hours of closing arguments.

A few scrawled notes Tuesday as prosecutors lambasted the trio and defense attorneys painted the officers as dedicated lawmen.

The jurors in District Judge Lee Gates' courtroom unanimously avoided eye contact with the three.

After less than two hours of deliberations, the jury was sent home with plans to return today to the Clark County Courthouse.

Sgt. James Campbell, 48, and Officers Brian Nicholson and Robert Phelan, both 26, are charged with a felony of oppression under the color of office and gross misdemeanor counts of conspiracy to commit oppression and filing false police reports.

They face a maximum of eight years in prison if convicted in the June 11 confrontation at a Fremont hotel-casino security office. The incident was recorded by a security camera.

The tape shows admitted coin thief Andrew Dersch sitting passively in the custody of Fremont security officers -- albeit giving a false name -- when events turned violent with the arrival of the three bicycle patrolmen.

"Instead of arresting Dersch and being done with it, the officers became physically aggressive, oppressive, frightening and dangerous," said Deputy District Attorney David Schwartz.

"They let their egos and tempers get in the way of their professionalism," he said of the officers who were fired as a result of the incident.

Defense attorneys admitted that things could have been handled better by the officers, but said the acts didn't rise to the level of criminal conduct.

Campbell's attorney, Bill Terry, cited a law that requires people approached by police to identify themselves and said that Dersch ignored that duty -- justifying the police action.

Thomas Beatty, Phelan's lawyer, said Dersch was looking away and not responding to Phelan's questions when the officer punched him in the chest.

Beatty simply smacked himself in the chest with an audible thump when referring to the punch, demonstrating to the jury that such a blow need not be harmful.

But on the videotape, Dersch was obviously rocked when Phelan's fist slammed into his chest.

Nicholson's attorney, Steve Wolfson, said, "There's nothing evil here. The only force used was necessary."

Deputy District Attorney Chris Owens conceded that police officers are given wide latitude in performing their jobs.

"But these officers stepped over the line and it's not even a close call," he said. "They went into gross, immoral conduct. "It's an embarrassment."

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