Monday, December 20, 2004
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UPDATE: The Chopper files civil lawsuit against critic

The Chopper, aka Joshua Towbin, stands in his office at Towbin Dodge Superstore in Henderson on Sept. 27, 2002. Towbin has filed a civil lawsuit against John Cleary, seeking more than $20,000 in damages for what he says was false arrest and false imprisonment. Photo by John Locher.

John Cleary believes he's fighting for the little guy in his battle against one of the most colorful car salesmen in Las Vegas: The Chopper.

Cleary's fight began with a protest last year after he felt he was duped into paying too much for his 2004 Dodge truck at the Towbin Dodge Superstore in Henderson.

The protest, highlighted by signs reading "I got pucked at Towbin Dodge," led to a confrontation and criminal charges against The Chopper, aka Joshua Towbin.

The charges were dismissed. Now Towbin is fighting back.

He has filed a civil lawsuit against Cleary in District Court seeking more than $20,000 in damages for what he says was false arrest and false imprisonment.

Cleary, a building inspector, said the lawsuit symbolizes the personal vendetta Towbin has against him.

"He's really playing it up," Cleary said. "I think he's trying to bankrupt me."

Phone messages left at the offices of Towbin and his lawyer were not returned.

Cleary pressed charges against Towbin in November 2003 after a confrontation stemming from Cleary's protest outside the car dealership.

In his police report, Cleary said two vehicles driven by Towbin and his employees blocked him in while Towbin threatened him and kicked his truck.

In his lawsuit, Towbin said he confronted Cleary to discuss the customer's complaints. Words were exchanged during the meeting, but Towbin denied kicking Cleary's truck.

The lawsuit also disputes Cleary's claim that he was blocked in by two vehicles.

Henderson police arrested Towbin on charges of false imprisonment, a gross misdemeanor, and disorderly conduct, a misdemeanor. As part of a plea agreement, both charges were dismissed.

Towbin had agreed to make a donation to a charity that aids injured police officers and stay out of trouble for two months.

The case has been sealed.

Towbin sued in September.

Cleary said he has already spent most of his life's savings fighting the lawsuit, but he won't give up.

"Just because they have a lot of money, why should they be able to squash people?" he said. "It's not right."

--BRIAN HAYNES

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