Nye County detective files motion for dismissal after charges refiled

By Kyle B. Hansen

Tuesday, May 25, 2010 | 4:20 p.m.

For the second time in as many days, Nye County sheriff’s Detective David Boruchowitz has filed a motion asking the Pahrump Justice Court to dismiss charges against him.

Boruchowitz filed the second motion Tuesday, a day after charges against him were dropped, then refiled.

Las Vegas private attorney Conrad Claus filed a criminal complaint Thursday accusing Boruchowitz of burglary and assault in an effort to harass candidates seeking public office.

Justice of the Peace Tina Brisebill ordered that the complaint be withdrawn Monday, saying Claus didn't have standing to file a felony criminal complaint on behalf of the District Attorney’s Office. She also ordered that any record of the arrest be expunged.

Nye County Deputy District Attorney Robert Bettinger then filed two criminal complaints against Boruchowitz later that day under the direction of embattled District Attorney Robert Beckett.

Those two complaints were the subject of Boruchowitz’s motion Tuesday, in which he claims Bettinger wasn’t qualified to sign the complaints because he didn’t have “personal knowledge” of the crime.

The charges against Boruchowitz stem from alleged actions against Scott Cobel and Ted Holmes, who were candidates for Nye County sheriff, and embattled Nye County District Attorney Robert Beckett.

One of the charges against Boruchowitz accuses him of kicking in a door at a home where teenagers were gathered April 17. The complaint alleges Cobel’s daughter was in the home when Boruchowitz allegedly forced entry and subjected the teenagers to searches and breathalyzer tests without a warrant.

Boruchowitz also is accused of filing an application for a search warrant in March that included untrue statements about Holmes.

Beckett was arrested by Boruchowitz May 5 after an investigation by the sheriff’s office into charges of malfeasance of office, embezzlement, 20 counts of fraudulent appropriation of property and 20 counts of misconduct of a public officer.

Beckett was released on his own recognizance. He then appointed Claus as special prosecutor to investigate charges of misconduct at the sheriff’s office.