Joey Collins, left, speaks to reporters as Kady Collins, center, and Lisa Morales listen to her talk about the $71 million federal lawsuit filed Tuesday against the Metropolitan Police Department in connection with the police slaying of 43-year-old Shawn Collins in July.
Photo by Craig L. Moran.
Two ex-wives of a man who was killed by Las Vegas police filed a $71 million civil rights lawsuit against Sheriff Bill Young and his department Tuesday, calling the slaying "another brutal execution typical of Metro."
The mothers of Shawn Collins' three children filed the lawsuit after hiring Houston-based attorney James Myart Jr.
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Collins, 43, was riddled with 23 bullets as he walked out of a Circle K on July 9. A total of 28 shots were fired by five officers who were waiting for Collins when he came out of the convenience store, according to testimony at the coroner's inquest.
Myart previously filed three other federal lawsuits against the Metropolitan Police Department over its officers' use of force.
He represents the family of one man who was fatally shot by Las Vegas police, the family of another man who died in police custody after they fired a Taser at him and a teen who was shot by police but survived.
Myart was not present Tuesday when Collins' loved ones filed their lawsuit in federal court. In the past three cases, the outspoken attorney has flown to Las Vegas to voice his disgust with police policies.
"I truly in my heart want the people of Las Vegas to understand that this is about these three children, not about some flamboyant, glorified, ambulance-chaser lawyer," Myart said, referring to comments previously made by Las Vegas Police Protective Association President David Kallas.
Myart said he came up with the $71 million figure by figuring Collins' ex-wives and children should get $2 million for each bullet that struck Collins and $1 million for each missed shot.
Police converged on the Circle K convenience store at Sahara Avenue and Nellis Boulevard on July 9 after receiving a call from Collins' ex-wife Joey Collins, one of the two women who filed the lawsuit.
She was upset with her ex-husband after he showed up at her home uninvited and became belligerent "but not violent or physical," according to the lawsuit. Collins fled and his former wife followed him, calling police as she drove, the lawsuit says.
Joey Collins said she was parked near the Circle K when police arrived. She said she saw an officer run across the pavement holding a rifle.
"I thought, 'Oh my gosh, hold on a second, this is way out of hand,'" she said.
When Shawn Collins came out of the store holding a beer, he had an expression of shock, Joey Collins said.
"I know what he was thinking, he was thinking, 'Obviously you people have the wrong guy here,'" she said, adding that he reached into his pocket for his identification.
Joey Collins said she had heard an officer shout, "Show us your ID," but when Shawn Collins reached into his back pocket, a barrage of bullets struck him.
"It's sickening; it makes you sick," Joey Collins said Tuesday. "He wasn't white trash. He wasn't a criminal. He didn't do anything to deserve this."
She said she initially called police because she did not want Collins to show up at her house to visit their kids, ages 4 and 6, when he hadn't paid his child support.
She hoped officers would speak to her ex-husband about the matter.
"That's not a reason to get blown away by police," she said.
During a Clark County coroner's inquest, officers testified that Collins pulled a .38-caliber revolver out of his back pocket. Jurors presiding over the inquest ruled that the officers' reaction was justified.
Myart alleges the officers retrieved a gun from Collins' truck and placed it by his body.
"The manager of the store said he did not pull a gun on him (the officer); he didn't have a chance," Myart said. "They shot him after he dropped the beer bottle."
At the coroner's inquest, Joey Collins told jurors that after her divorce in 2003, she woke up and found her ex-husband standing over her bed. On another occasion, he stood outside her window and pointed a gun at her.
Myart said those previous encounters were not relevant to the shooting and should not have been introduced during the inquest hearing.
"The penalty for the things he did is not death by firing squad," Myart said.
Joey Collins and Lisa Morales, who was married to Shawn Collins for four years, said they never had reason to call police regarding their safety around Collins. They described him as a talented musician who loved spending time with his children.
When trying to describe her father, 17-year-old Kady Collins, broke down in tears. "I love my dad, and I miss him," she said.
Myart also represents the families of Swuave Lopez, James Lewis and Thomas Oden.
Lopez was shot in the back when he fled from police while handcuffed. Lopez had been arrested by police as a murder suspect when he escaped from a patrol car. Myart filed a $23 million lawsuit on behalf of Lopez's family.
Lewis' family retained Myart after the 37-year-old died in police custody.
Officers had fired a Taser at Lewis and fought with him while arresting him as a suspect in the robbery of the Sly Fox Lounge earlier this month.
Thomas Oden, 19, retained Myart because police shot Oden after he surrendered to them, Myart said. Police say Oden, who was a suspect in a robbery at the time, attempted to pick up a .32-caliber handgun he had dropped as officers chased him.
Kallas called the most recent lawsuit on behalf of the Collins' family "absolutely ridiculous."
"I feel bad for the Collins family but the reality is Mr. Collins put himself in that position," Kallas said. "We didn't put him in that position. We're not going to make excuses for their (officers') actions because their actions were justified."
Despite Myart's threat to file a defamation of character lawsuit against Kallas, the police detective said he stands by his contention that Myart descended on Las Vegas with hopes of striking gold. "He doesn't care how much damage or unrest he creates, his object is to fatten his wallet," Kallas said.
Joey Collins explained that she and Morales contacted Myart because they didn't believe a local lawyer would be willing to vigorously challenge the Police Department.
She said the lack of attention the shooting received is indicative of the community's reluctance to question police.
"The father of my kids was blown away, who cares about the girl who was pushed," Collins said, referring to the ongoing media reports about Rep. Jim Gibbons encounter with cocktail waitress Chrissy Mazzeo. "No, it's, 'He (Collins) must have been white trash. He must have been a criminal.'"