Ex-Nye County sheriff’s captain sentenced to probation in wire fraud case

A former Nye County Sheriff’s Office captain was sentenced to probation Tuesday for falsely arresting a Valley Electric Association CEO.

David Boruchowitz pleaded guilty in March to a felony wire fraud charge and a misdemeanor deprivation of rights charge in connection with the 2019 arrest of Angela Evans, which he admitted to carrying out as part of a fraudulent scheme. A federal grand jury indicted him in 2023 and accused him of arresting Evans for his own gain.

The charges followed a 2022 Las Vegas Review-Journal investigation that raised questions about Boruchowitz’s investigation of Evans around the same time he helped form a group attempting to unseat the electric utility’s leadership and had considered running for a paid position on its board.

“I’m not commenting at all,” Boruchowitz said while walking out of the federal courthouse in Las Vegas on Tuesday.

Both the defense and federal prosecutors recommended that Boruchowitz be placed on probation, but the hourslong sentencing hearing focused on the terms of his probation and the amount of restitution that prosecutors had requested for Evans.

Prosecutors pushed for Boruchowitz to serve a year of home detention and pay more than $244,000 of restitution to Evans. Boruchowitz’s attorneys argued that he should be allowed out into the community while on probation to continue charity work, which includes running his nonprofit, Pahrump Disability Outreach Program.

U.S. District Judge Andrew Gordon ultimately ordered Boruchowitz to serve three years of probation. Instead of putting him on constant home detention, Gordon said Boruchowitz will be subject to a curfew for six months that allows him to leave the house only for work, including volunteer work.

The judge also ordered Boruchowitz to pay a fine of $35,000 but said he found no legal basis to grant Evans restitution.

‘It bears repeating how serious this is’

Boruchowitz could have faced prison time for the charges.

Gordon said, “The serious and the brazen nature” of Boruchowitz’s crimes would justify a prison sentence, but he had to take into account Boruchowitz’s work in the community. The judge also said he “feared what might happen” to Boruchowitz if he were put in prison with people he had arrested during his time as a law enforcement officer.

He told Boruchowitz that by using the power of the Sheriff’s Office to falsely arrest Evans, his actions reflected negatively on law enforcement as a whole.

“It bears repeating how serious this is,” Gordon said. “You used the badge, you used the office, as a legitimate way to slander someone’s character.”

Crane Pomerantz, one of Boruchowitz’s attorneys, told the Review-Journal on Tuesday that his client looks forward to continuing to do good work for people.

Boruchowitz became emotional during the hearing, sobbing at times as he read from a statement he wrote.

He told the judge that he was remorseful, and that he had “failed to uphold the principles of justice and integrity.” He said his ability to be an unbiased law enforcement officer was compromised by his involvement with the group looking to unseat the utility’s leadership, called Members for Change.

“I take full responsibility for my actions and the choices that led me to this moment,” he said.

After Boruchowitz read his statement, the judge commented that he did not mention Evans. He asked if Boruchowitz believed Evans was a victim in the case.

“She for sure is. She’s definitely involved in the collateral damage,” Boruchowitz said while wiping his eyes with a tissue.

By pleading guilty to a single wire fraud charge, Boruchowitz admitted that he schemed to obtain a board position with Valley Electric. Prosecutors had argued that Boruchowitz intended to “trick Board members into resigning” over Evans’ arrest, according to court documents.

When Evans was arrested, she was accused of billing the utility about $80,000 to move a power pole off her property. But property records showed that Evans did not own the property when the utility’s staff moved the pole.

Then-Nye County District Attorney Chris Arabia declined to file charges against Evans.

‘There’s no going back’

Prosecutors on Tuesday questioned an FBI agent who investigated the case and had her read text messages between Boruchowitz and others involved with Members for Change, in which they discussed Evans’ arrest.

Evans lost her job after the arrest and sued Nye County and Boruchowitz. The lawsuit reached a $400,000 settlement in December 2023.

She also sued Valley Electric Association, alleging that she was wrongfully terminated, and that lawsuit ended with a confidential settlement.

During the sentencing hearing, Evans testified about losing her job and being forced to relocate to New Mexico after she was falsely arrested.

“My life has been destroyed,” Evans told the judge, reading from a statement she wrote. “My reputation and my career have been destroyed, and there’s no going back.”

Following Tuesday’s hearing, Evans said she was fine with not receiving restitution. She wished the judge would have sentenced Boruchowitz to prison, but she also said the judge’s message to him was powerful.

“It’s about accountability,” Evans said. “It’s about him violating his oath to serve and protect.”

Contact Katelyn Newberg at knewberg@reviewjournal.com or 702-383-0240.