Officer could face internal discipline in magician's death

With misdemeanor charges now filed against a Metro Police officer involved in a June 27 head-on collision that killed a local magician, it is Metro's turn to decide whether internal discipline should result.

Metro's alternate accident review board is scheduled to convene today to decide whether internal action should be taken against Officer Edward V. Jones for his role in the police car-motorcycle collision that killed local magician Anthony "Chappy" Brazil.

The Clark County district attorney's office decided Wednesday to file criminal misdemeanor charges against Jones for careless driving and failure to maintain a travel lane on Industrial Road near Oquendo Road. The decision came after an independent accident-reconstruction expert investigated the collision and determined that Jones was traveling about double the posted speed limit of 35 mph.

Jones, a two-year department veteran, faces the possibility of disciplinary action ranging from an oral reprimand to termination, Metro spokesman Lt. Rick Alba said.

Jones, 35, was driving to an emergency call with his red lights and siren activated when his patrol car crossed the center lane at a curve and slammed into Brazil's 1984 motorcycle. A news release from Chief Deputy District Attorney Dan Bowman said, "There is no indication of any improper driving on behalf of Brazil."

Bowman conceded the decision to file charges was difficult given the two competing interests.

"The public wants vehicle response ... as soon as possible in an emergency and, to that end, leeway to operators of emergency-response vehicles has to be allowed," the prosecutor said.

"The other competing interest, however, is that all motorists want to feel and be safe while traveling on the roadway," Bowman continued. "It is critical that even emergency vehicles exercise a certain level of care."

He said the Nevada Legislature has specified that while police have the right to exceed the speed limit in emergency situations, the law "does not relieve the driver from the duty to drive with due regard for the safety of all persons and does not protect the driver from the consequences of his reckless disregard for the safety of others."

"Despite the best of intentions on behalf of Officer Jones, he does not appear to be totally relieved from the responsibility for the death of Mr. Brazil, either criminally or civilly," Bowman said.

The collision occurred while Jones was en route to the Arville Park Apartments, near Pennwood Avenue, after Metro received a call from a security guard asking for help with an escalating domestic-violence situation. A man involved in an earlier dispute had returned to the property with a gun and a knife, Alba explained.

The security guard's call came in at 12:40 a.m. Jones and Brazil collided three minutes later.

Bowman cited "fairness" as the reason that misdemeanor charges, rather than felony charges, were pursued.

"Not withstanding the tragedy and trauma sustained by the Brazil family, this office has concluded after much agonizing and soul-searching that misdemeanor charges are fairer to all concerned than either felony prosecution or no prosecution at all," he said.

"Neither incarceration, nor probation, nor the consequences of a felony conviction would be fair given the appropriate intent on the part of the officer when the accident occurred," the prosecutor said.

Although Metro did not comment on the charges, Alba agreed that "any time a life is lost it is tragic, whether it is a police officer or a member of the community."

"A police officer was trying to do his job and was involved in an accident, but that does not diminish the fact it was a tragedy," Alba said. "We all feel the loss."

Brazil, 34, died instantly. Jones was treated for minor head injuries.

Brazil, a Las Vegas resident, had portrayed Octavius in the Caesars Magical Empire since the magic stage show opened at Caesars Palace hotel-casino in June 1996. He was remembered by Caesars spokeswoman Debbie Munch as one of the show's top performers and an audience favorite.

Metro's alternate accident review board, made up of three deputy chiefs, will have the task of deciding whether Jones' actions violated department policy. The board's recommendation will be forwarded to Sheriff Jerry Keller for action.

The board meets when a department member is involved in an accident that results in serious bodily injury or death, and in cases involving a Metro officer with the rank of captain or above.

Metro has a separate accident review board to look at all other department-involved accidents.

Jones has been on paid administrative leave pending the outcome of the department's internal investigation.

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