Constable will not face drunken driving charges

Embattled Las Vegas Constable John Bonaventura will not face drunken driving charges, Clark County’s top prosecutor said Friday.

District Attorney Steve Wolfson said in a statement there wasn’t enough evidence to prove guilt beyond a reasonable doubt for Bonaventura, who was arrested on suspicion of drunken driving Feb. 12.

An arrest report showed a “preliminary breath test” found Bonaventura had a blood alcohol level of 0.099, which is above the state’s legal limit of 0.08.

However, the preliminary test was not admissible in court, Wolfson said, and a second test, taken nearly two hours later, showed the constable had a blood alcohol level of 0.069.

The investigation also showed Nevada Highway Patrol officers might have pulled over the wrong constable’s vehicle when they were alerted by a motorist of an erratic driver heading south on U.S. Highway 95 near Boulder Highway.

The responding trooper found Bonaventura’s vehicle traveling on U.S. 95 near Tropicana Avenue, according to the arrest report.

The constable’s Ford SUV was behind the trooper, who let the vehicle pass and began following the SUV.

The vehicle exited at Tropicana and headed west, where the trooper clocked the SUV traveling 50 mph, five mph above the speed limit.

In denying the DUI charge, the district attorney’s office also dropped a speeding citation for traveling one to 10 mph over the limit.

A traffic stop was made at the Wal-Mart at Tropicana and McLeod Drive.

During the traffic stop, the trooper “noted that Bonaventura had bloodshot, glassy, and watery eyes.”

The constable denied drinking alcohol, though he smelled of “an unknown intoxicating beverage,” according to the trooper.

The trooper said in his report that Bonaventura failed two of the three field sobriety tests, including a walk and turn test and standing on one leg.

A third test was inconclusive because Bonaventura did not cooperate, the report showed.

The traffic stop was contentious, according to the report.

Bonaventura did not immediately stop when the trooper turned on his lights and sirens.

At one point Bonaventura tried to take back his driver’s license, which was tucked in the trooper’s waist band.

At one point, the trooper removed his Taser because Bonaventura would not stand where the trooper told him to.

“Several times I felt that Bonaventura was trying to intimidate me with his status as an officer,” the trooper stated in the report.

“He stated several times that he was an officer and he stated that he was going to drive his vehicle home and I should follow him.”

Bonaventura’s first breath test came at 8:51 p.m. After he was handcuffed and brought to Clark County Detention Center, the second breath test was administered at 10:30 p.m.

Bonaventura did not return an email late Friday requesting comment on the district attorney’s decision.

After his release from jail on Feb. 13, Bonaventura said he believed county officials seeking to abolish his office were trying to set him up and that he was followed by the Highway Patrol after leaving work from his downtown office.

Bonaventura told the Review-Journal he had had “one or two” drinks at the Stratosphere hotel-casino during an AFL-CIO union function about 4:30 p.m., then returned to his office.

According to his arrest report, he told the arresting trooper he did not have a drink.

Since Bonaventura took office in 2011, he has been involved in a heavily criticized foray into reality television, hit with allegations of sexual harassment, mired in jurisdictional disputes and criticized for using clever accounting to circumvent county oversight.

He also has hired deputies with questionable histories that include run-ins with the law.

Driven by Bona­ventura’s actions, County Commissioner Chris Giunchigliani has asked for an ordinance change that would abolish the office.

A public hearing on the issue is set for March.

And earlier this month Bona­ventura was sued by his friend’s estranged wife who said she was unlawfully arrested and jailed by the constable’s office in 2011 over a domestic matter.

Contact reporter Francis McCabe at
fmccabe@reviewjournal.com or 702-380-1039.