Friends plea with fugitive former prosecutor to surrender

There was a flurry of activity Friday on fugitive David Schubert's Facebook page as friends pleaded with him to return to Las Vegas and face a nine-month jail sentence for buying $40 of crack cocaine.

The messages were posted after a note appeared on the former prosecutor's social media website, asking supporters to help him appeal his drug conviction: "My appeal has been filed. Amicus briefs are invited and would be greatly appreciated, if you have the time. I found out yesterday I have some of the best friends in the world."

Amicus briefs are written by those who wish to support another's position in a case but aren't a party to the case.

Schubert, who prosecuted the drug cases of celebrities Paris Hilton and Bruno Mars, lost his job as a Clark County chief deputy district attorney after he was arrested for buying cocaine in 2011. He has been missing since he failed to surrender in court Sept. 21 to start serving the jail term.

On Thursday, Schubert's 49th birthday, a photo appeared on his Facebook page of an empty beach with the note: "Thank you all so much for the birthday wishes! All is well. Here is a present for you."

The Facebook page does not indicate Schubert's location or whether the notes and photograph were uploaded by Schubert or someone else with access to his account.

Authorities think Schubert may have fled to Mexico to avoid the jail sentence.

Before Schubert was to surrender on Sept. 21, he boarded a plane for a morning flight to San Diego and is thought to have walked across the border to Tijuana, the Review-Journal learned.

His lawyer, Louis Schneider, on Friday welcomed help on the appeal.

"If anyone wants to call me and discuss it, I'll be happy to do that," Schneider said. "I also think the best thing for Dave is to come back now. Dave is a good attorney and he knows that running from the law is a short-term solution that never works long term.

"When he gets his head clear and has had some time to reflect on the situation, he'll come to the conclusion that he's made a bad situation worse."

Other local lawyers chimed in on Schubert's Facebook page and encouraged him to return to Las Vegas.

"It's a true friend that tells you there is a booger hanging out of your nose. Get your ass home buddy ... we can't support you where you are," wrote defense attorney Robert Langford.

Lawyer Brian Smith added, "David, you have a lot of support in the community, including people like myself who haven't known you as long as others have. But you need to face this situation head on. Please listen to us. It's time to come home."

Friend and defense lawyer Chris Rasmussen told the Review-Journal he sent personal messages to Schubert via Facebook.

"I tried to contact him to tell him to turn himself in," Rasmussen said. "I told him in a year, when this process is over, we'll look back and laugh at this and we'll get his life back together."

Rasmussen said Schubert had not responded as of Friday afternoon.

The Nevada Supreme Court last week temporarily suspended Schubert from practicing law because of his guilty plea last year. The court referred the matter to the State Bar of Nevada to determine the "extent of discipline" against the former prosecutor.

District Judge Carolyn Ellsworth in February sentenced Schubert to jail as part of his probation and called him "a disgrace to his oath as a prosecutor and a lawyer."

He had remained free while he challenged Ellsworth's sentence, but he was ordered to turn himself in after the high court earlier this month refused to stay the sentence while considering his appeal.

Ellsworth issued a warrant for his arrest after he failed to surrender.

Court records show Schubert has been on probation since Ellsworth signed a judgment of conviction in his case on Aug. 15.

Schubert's failure to surrender could lead to Ellsworth revoking his probation if he returns to Las Vegas, forcing him to serve an underlying 16- to 40-month prison term.

Ellsworth would have several other options, including reinstating Schubert to his original sentence or dishonorably discharging him from probation.

Schubert was a 10-year prosecutor when Las Vegas police arrested him in March 2011 with the small amount of cocaine outside of a central Las Vegas apartment complex known for drug activity.

Before his arrest Schubert was a top drug prosecutor. During his tenure, Hilton and Mars were arrested and convicted of possession of cocaine and sentenced to probation without jail terms.

Contact reporter Francis McCabe at fmccabe@reviewjournal.com or 702-380-1039. Contact reporter Jeff German at jgerman@reviewjournal.com or 380-8135.