Tuesday, Dec. 29, 2015 | 3:14 p.m.
CARSON CITY — The Nevada Supreme Court ruled today that $125,000 was wrongfully taken from the bank account of a man convicted of burglary and other counts in Las Vegas.
Bryan Fergason was convicted of several counts of burglary, larceny and possession of stolen property in 2010, according to court records. Metro Police received a court order after his conviction to seize the money from his bank account, reasoning it was tied to the offenses, according to records.
But the Supreme Court, in an opinion written by Justice Kristina Pickering, said the police failed to show the money came from any of the crimes.
“Nevada law is clear that forfeiture of funds seized from a bank account will not stand in the absence of evidence linking the money to criminal activity,” Pickering wrote.
The ruling reversed the decision of the District Court, which granted a summary judgment in favor of Metro. The case was returned to District Court for further hearings.
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