A North Las Vegas police officer will not face charges after being arrested Monday for misdemeanor battery with domestic violence.
The Clark County district attorney's office cited "insufficient evidence" for not going forward, according to an assistant to District Attorney David Roger.
Toby Daniel Winn, 35, was arrested after his girlfriend of four months told officers he became angry after a discussion over his ex-wife, according to a Las Vegas police report. During the argument, Winn started shaking and pushing his girlfriend, the report said, but she later recanted her story.
Although the charges were dropped, Winn was stripped of his duties as an officer and will be assigned desk work pending the outcome of an internal investigation, North Las Vegas police Sgt. Tim Bedwell said.
"He won't be doing any police work," Bedwell said. "He'll only be doing administrative duties."
Bedwell said Winn could face discipline "up to and including termination," if the investigation concludes he violated department policy. Bedwell said the internal investigation should be concluded in a few weeks. Winn has worked as a patrol officer since February 2009.
About 5:30 p.m. Monday, Winn and his girlfriend, Vanessa Robledo, were riding in a friend's car near the Strip, she told police, according to the report.
After the two began arguing, Robledo asked the driver to pull over so she could leave. While Robledo tried to leave, Winn grabbed her upper arm, "shaking her then pushing her to the ground," the report said.
Officers were dispatched to the Sahara hotel, where they interviewed Robledo. The report said she would not give her boyfriend's name because he was a police officer. When officers identified Winn to her, she "became very upset at the fact officers knew who he was," the report said.
Officers later contacted Winn on Robledo's cell phone, at which point he told officers "this is all just a misunderstanding" and that he could not drive to their location because he had had too much to drink, the report said.
The report said Robledo later changed her story and recanted her original facts in a voluntary statement about the incident. The report did not say how she had changed her story.
According to jail records, Winn was booked at the Clark County Detention Center at 9:30 p.m. Monday. Records indicate he was not in custody Wednesday.
Review-Journal reporter Lawrence Mower contributed to this report. Contact reporter Mike Blasky at firstname.lastname@example.org or 702-383-0283. Contact reporter Antonio Planas at email@example.com or 702-383-4638.