Prosecutors say Henderson constable kept salaries meant for employees

Henderson Constable Earl Mitchell inflated employer tax contributions, underpaid his employees and sought money for expenses he never paid, allowing him to steal about $83,000 since 2015, authorities said in a court filing.

In a 46-page court document, prosecutors detailed for the first time how Mitchell manipulated the county’s voucher system to increase his income after the county took away his authority in 2015 to spend constable’s fees without oversight. A grand jury indicted Mitchell last week on four theft charges and one count of fraudulent appropriation of property by a public officer after a Las Vegas Review-Journal story sparked a police investigation.

District Court Judge Joe Hardy Jr. released Mitchell on a $6,000 cash bond on Thursday, giving him three days to post the money.

After the county imposed financial controls on the constable funds, Mitchell took steps to hide the spending by removing his deputy’s access to the bank accounts, prosecutors said in court records.

“By doing this, Mitchell ensured that no other employee of the (Constable’s office) had authority to obtain copies of financial records for this account directly from the bank,” prosecutors wrote. “This effectively removed, or minimized, the possibility of oversight of the account usage or discovery of the cash withdrawal activity, the use of the debit card at bars and restaurants or the payment of checks directly to Constable Mitchell from the account.”

But Mitchell’s attorney Dayvid Figler said Mitchell should never have been indicted.

“Any allegation with regard to how things were done just goes to a bookkeeping issue or a sloppy bookkeeping issue,” he said after Thursday’s hearing. “It is not theft. It is not misappropriation of public funds.”

Newspaper investigation

Mitchell stopped diverting money after the Review-Journal published a story in March showing that he wrote himself thousands in checks and withdrew county money at casinos and video poker bars, prosecutors wrote.

He provided heavily redacted bank statements to the Review-Journal after county and personal attorneys told him the records were subject to public disclosure but that he could black out personal expenses. Police subpoenaed the unredacted bank statements, seized records at his home and office and documents from Mitchell’s accountant.

Mitchell then met with his accountant in an attempt to document business reasons for the expenditures detailed in the newspaper.

“(A)fter the media articles about Mitchell, he came to (the accountant’s) home (office) with several boxes of paperwork and asked her to go through it to match receipts with expenditures from the (Henderson Township) account,” the court filing said. The accountant “told him that he would have to do that task himself.”

Other taxes

Police found that since 2015, Mitchell wrote himself 90 checks totalling $107,322, and made about $72,000 in debit card transactions. Investigators are still studying the spending to determine which expenses were personal or related to business. He also made 198 ATM withdrawals totalling $56,629 — most of which were at locations that raise questions about how he spent the money.

“Many of the cash withdrawals occurred at bars and casinos,” prosecutors wrote, listing 13 different drinking and gambling venues in Clark County and Reno.

Mitchell was able to do that because he inflated spending for taxes and salaries in vouchers sent to the county to pay his employees, court records say. He also filed expenses for employees, but kept the money himself, documents show.

“Mitchell told (the accountant) to add an additional amount to the Employer Tax Contributions section and told her that this was for some other ‘taxes’ he had to pay,” the filing said.

Mitchell owes the Internal Revenue Service and other creditors more than $170,000, liens filed with the Clark County Clerk show. But police did not say if those “other taxes” went to pay off his personal debt.

Investigators determined that Mitchell also used the account’s debit card to fill up his personal vehicles while also reimbursing himself for mileage expenses.

“By claiming both mileage and then using county provided funds to pay for gas and maintenance costs, Mitchell would be ‘double dipping’ these expenses,” the filing said.

“Not happy”

In 2015, the county cracked down on Mitchell and the North Las Vegas constable after questions surfaced about how much they were paying themselves. The subsequent rules required the constables to send all the fees they collected to the county and request cash to pay their staff and office expenses.

Authorities trained Mitchell on the new procedures, but “felt that Mitchell accepted, but was not happy, about the fact he now had to follow this new procedure to get his office and operating expenses paid,” prosecutors wrote. Despite Mitchell’s attitude, the county only audited the office after the Review-Journal story ran, finding many of the same questionable transactions that were detailed in the article.

Figler, the attorney for Mitchell, told the Review-Journal that Mitchell was elected to run the office and had the right to use the money as he saw fit.

“While the enterprise fund scheme altered the flow of the fees, it does not change the constitutional and statutory rights of the constable and the constable’s office,” he wrote in an emailed statement after Mitchell’s indictment last week.

Contact Arthur Kane at akane@reviewjournal.com or 702-383-0286. Follow @ArthurMKane on Twitter.

ad-high_impact_4
News
Mount Charleston Gets Heavy Snow, Fog
Mount Charleston saw heavy snow today, and fog in lower elevations as a cold front swept across the Las Vegas Valley. (Benjamin Hager/Las Vegas Review-Journal)
Krystal Whipple arrested in Arizona
Krystal Whipple, charged in the killing of a Las Vegas nail salon manager over a $35 manicure, is expected to return to Nevada to face a murder charge.
Holocaust survivor on acceptance
Holocaust survivor Celina Karp Biniaz, who was the youngest person on Schindler’s List, talks about the most important message for people to understand from her life and experiences.
Holocaust survivor speaks about telling her story
Holocaust survivor Celina Karp Biniaz, who was the youngest person on Schindler’s List, tells of opening up about her experiences during Sunday’s event at Temple Sinai.
Jesus Jara State of the Schools address
Clark County School District Superintendent Jesus Jara delivers his State of the Schools address on Friday, Jan. 11, 2019. (Amelia Pak-Harvey/Las Vegas Review-Journal)
Michael Naft sworn in to Clark County Commission
Michael Naft, chosen by Gov. Steve Sisolak to be his replacement on the Clark County Commission, was sworn into office on Wednesday, Jan. 9, 2019. (Shea Johnson/Las Vegas Review-Journal)
CES Opening Party in Omnia Nightclub at Caesars Palace
CES conventioneers packed Omnia Nightclub at Caesars Palace, and let loose as they danced to DJs into the night. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
Las Vegas police piecing together details of fatal shooting
Six hours after the fact, Las Vegas homicide detectives worked to reconstruct the scene of a shooting early Jan. 7 that left one man dead in the southeast valley. (Rio Lacanlale/Las Vegas Review-Journal)
Dyer Lawrence explains college football playoff system proposal
Las Vegan Dyer Lawrence has a new idea for a college football playoff system that includes a unique scheduling component called National Call Out Day. (Ron Kantowski/Las Vegas Review-Journal)
Death row inmate Scott Dozier found dead in his cell
Nevada death row inmate Scott Dozier is dead. Dozier’s death ends his legal odyssey, which began in 2007 when he was convicted in the 2002 murder of Jeremiah Miller, but does little to clarify what’s next for Nevada’s death penalty.
I-15 southbound near Primm closed after ‘major crash’
A rollover crash Saturday morning involving at least nine vehicles on southbound Interstate 15 near Primm caused an hourslong traffic delay. Traffic was backed up to Sloan, live traffic cameras show. (Rio Lacanlale/Las Vegas Review-Journal)
Death Valley visitors deal with shutdown
Visitors staying at the Furnace Creek Campground were forced to move from the campground following health and safety concerns due to lack of resources during the partial government shutdown at Death Valley National Park in Calif., on Friday, Jan. 4, 2019. Richard Brian Las Vegas Review-Journal @vegasphotograph
Half of homicides in Henderson for 2018 domestic violence related
Lt. Kirk Moore of the public information office of the city of Henderson police department speaks to the Review-Journal in Henderson, Thursday, Jan. 3, 2019. Henderson saw a slight increase in homicides in the past year. (Rachel Aston/Las Vegas Review-Journal)
Governor-elect Steve Sisolak stops by Las Vegas Boys and Girls Club
Governor-elect Steve Sisolak kicks off his tour to Carson City, which will take him from Las Vegas, through Tonopah, and up to the capital city. First stop is the Downtown Boys & Girls Club.
Certificates for renewing wedding vows in Clark County
The Marriage License Bureau in Clark County began issuing a Certificate of Vow Renewal to married couples who are renewing their wedding vows on Jan. 3, 2019. (Shea Johnson/Las Vegas Review-Journal)
Las Vegas flu season better than last year (so far)
Dr. Fermin Leguen, chief medical officer and director of clinical services at the Southern Nevada Health District, said there were 24 flu-related deaths at this point in the flu season. No deaths have been reported so far this year. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
The Las Vegas Valley’s First Baby of 2019
The first 2019 baby in the Las Vegas Valley was Melialani Chihiro Manning, born at 12:10 a.m. at Henderson Hospital. (Briana Erickson/Las Vegas Review-Journal)
Las Vegas NYE Fireworks - VIDEO
The full show: A spectacular view from the rooftop of the Trump International Hotel as 80,000 pyrotechnics illuminated the Las Vegas Strip at the stroke of midnight. Fireworks by Grucci choreographed launches from the Stratosphere, the Venetian, Treasure Island, Caesars Palace, Planet Hollywood, Aria and MGM Grand.
Snow in Henderson on New Year's Eve morning
Light snow flurries in Anthem Highlands in Henderson on Monday morning, the last day of 2018.
Sources: Henderson Constable may face more charges
Henderson Constable Earl Mitchell may face additional charges ... stemming from his spending of county funds, sources said. Mitchell was indicted earlier this month on five felony theft and fraud charges ... after a Las Vegas Review-Journal story questioned his spending. But grand jury records show even more extensive spending including ... an $800 dinner at steakhouse ... nearly 200 atm withdrawals mostly at gambling establishments ... and even Disneyland tickets. But his attorney plans to ask a judge to dismiss the charges.
Las Vegas NYE Restrictions and Enhanced Security
If you are planning to celebrate New Year's Eve on the Las Vegas Strip or Fremont Street, be aware that you are not allowed to bring backpacks, coolers, strollers or glass. There will also be an increase in security to ensure safe celebrations across town.
Catholic Charities serves up 53rd annual Christmas dinner
Catholic Charities of Southern Nevada and more than 100 volunteers served 1,000 Christmas meals to Southern Nevada's homeless and less fortunate. (K.M. Cannon Las Vegas Review-Journal @kmcannonphoto)
Henderson couple adds another school to their generosity
Bob and Sandy Ellis of Henderson, who donate to several Clark County School District schools, have added Matt Kelly Elementary in Las Vegas to their list of schools where every student gets new shoes, socks and a toy. (K.M. Cannon/Las Vegas Review-Journal)
Jeffrey Martin Added To Nevada's Black Book
Martin was one of four men convicted of theft and cheating at gambling in 2016 in Clark County District Court and sentenced to prison. The Nevada Gaming Commission voted unanimously Thursday to include Martin in the black book.
Raiders Stadium Timelapse
Construction on the new Raiders stadium continues in Las Vegas.
Buffalo Wild Wings security video
Security footage from a Buffalo Wild Wings restaurant in southwest Las Vegas captured a driver who repeatedly crashed into a vehicle in a failed attempt to squeeze into a tight parking spot.
The Magical Forest at Opportunity Village
Opportunity Village's Magical Forest added 1 million lights and a synchronized music show visible from all over the forest this year. The holiday attraction, which began in 1991, has a train, rides, food and entertainment along with the light displays. (Heidi Knapp Rinella/Las Vegas Review-Journal)
Navigating the new I-515 southbound to 215 Beltway ramp configuration
After opening at 5 a.m. Tuesday, Dec. 18, 2018, the new Interstate 515 southbound to the 215 Beltway westbound freeway ramp configuration caused confusion amongst motorist. Here’s how to navigate the new ramp. (Mick Akers/ Las Vegas Review-Journal).
A record breaking donation of nearly $9 million to Girls Scouts of Southern Nevada
A record breaking donation of property valued at nearly $9 million was made to the Girls Scouts of Southern Nevada by the Charles and Phyllis M. Frias Charitable Trust. Bizuayehu Tesfaye/Las Vegas Review-Journal. @bizutesfaye
Kerry Clasby thanks the community for support after California fire damage
Intuitive Forager Kerry Clasby talks about the lessons of accepting help as she has gone through the Woolsey Fire disaster, in which she lost many of her belongings. About 100 people were on hand for an event that raised about $7,000.
Crime
Krystal Whipple arrested in Arizona
Krystal Whipple, charged in the killing of a Las Vegas nail salon manager over a $35 manicure, is expected to return to Nevada to face a murder charge.
Alleged Las Vegas casino con man, who was on the run, appears in court
Mark Georgantas -- who entered a plea deal on a charge of stealing from people he met at Las Vegas casinos, but failed to show up for sentencing -- appearing in court after being captured in Utah. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
Memorial service for Kwavon’tia Thomas
Timika Thomas sings during a memorial service for her son, Kwavon’tia Gregory Thomas, at Unity Baptist Church in Las Vegas on Saturday, January 12, 2019. Kwavon’tia was shot and killed on Christmas Eve. (Chase Stevens/Las Vegas Review-Journal)
LVMPD Looking For Blue Bucket Bandit - VIDEO
On December 31, 2018 detectives with the LVMPD Northwest Area Command Patrol Investigations Section received a report of the theft of a surveillance camera from the front porch of a residence located in the area of West Lake Mead Boulevard and North Rampart Boulevard. The victim in this case became aware of other residents in the neighborhood who had been the victim of similar crimes.
16-year-old boy fatally shot in North Las Vegas
North Las Vegas police were investigating the fatal shooting of a 16-year-old boy on Wednesday, January 9, 2019, marking the department’s first homicide investigation this year. (Katelyn Newberg/ Las Vegas Review-Journal)
Las Vegas police piecing together details of fatal shooting
Six hours after the fact, Las Vegas homicide detectives worked to reconstruct the scene of a shooting early Jan. 7 that left one man dead in the southeast valley. (Rio Lacanlale/Las Vegas Review-Journal)
Las Vegas police searching for man in Christmas robbery
A man walked into a business about 2:35 a.m. Dec. 25 on the 5000 block of South Eastern Avenue, near East Tropicana Avenue, and “committed a robbery,” a police release said. Police wrote that a person followed him outside of the business, and the man pointed a gun at him. (Las Vegas Metropolitan Police Department)
Fatal shooting at Green Valley Ranch casino
Henderson Police Department Lt. Kirk Moore briefs the media on a fatal shooting at Green Valley Ranch casino in Henderson on Tuesday, Jan. 1, 2019. (Briana Erickson/Las Vegas Review-Journal)
Police release video of suspect in armed robbery
Las Vegas police released video Monday in an effort to identify a man they said robbed a convenience store clerk at gunpoint last week.
Buffalo Wild Wings Hit and Run
Here's the surveillance of the hit-and-run crash in front of BWW, in which a woman repeatedly crashed into a manager's vehicle in a failed attempt to squeeze into a tight parking spot. She walks in, asks how long the wait is, then storms off after being told of the 10-minute wait time. Footage courtesy of manager Daniel Rees.
Multi-agency DUI Strike Team focused solely on arresting impaired drivers
The newly formed DUI Strike Team made up of Las Vegas police officers and Nevada Highway Patrol Troopers have hit the streets looking for impaired drivers. (K.M. Cannon/Las Vegas Review-Journal)
Jury finds former corrections officers not guilty on all counts
Paul Valdez and Jose Navarrete, two former Nevada Department of Corrections officers accused of using unnecessary force on an inmate were both found not guilty on all charges after a jury deliberated less than 2 hours.
Henderson Constable appears in court
Earl Mitchell, the Henderson Constable indicted on four counts of theft and one count of fraudulent appropriation of property, appeared in court Thursday.
Former FBI agent recalls tragic case 20 years later
Timothy Blackburn robbed a Bank of America depository in December 1998 for more than $1 million — the largest bank robbery in Nevada’s history. After eluding authorities initially, Blackburn was caught and jailed at the North Las Vegas Detention Center. In August 1999, he escaped, guns blazing, with his wife’s help, and disappeared for weeks only to be found at an apartment near Boulder Highway. Former FBI Agent Henry Schlumpf, the lead on the case, remembers vividly the hostage situation that would end tragically. (Rachel Aston/Las Vegas Review-Journal)
Officer Shoots Suspect in Nye County - Bodycam
A Nye County Sheriff’s deputy shot and killed a man Thursday night. Jason Paul O’Bannon, 46, died after the altercation with police. Reports of a man firing a weapon outside his house brought police to the scene just after 8 p.m. Detective Wesley Fancher fired the shot that killed O’Bannon, police said. O’Bannon had a “lengthy criminal history” in California and Nevada dating to 1988, according to police
Nye County sheriff news conference on officer-involved shooting
Nye County Sheriff Sharon Wehrly details the police response as officers came under fire Thursday when a man was shooting a rifle in his yard. When the man pointed a weapon at an officer, police opened fire. The man died.
Officer-involved shooting in Nye County
The Nye County Sheriff's Office gives information about a shooting in Pahrump on Thursday night after a man began firing shots outside of his home. (Nye County Sheriff's Office)
Law Enforcement Active Shooter Training Exercise
Multiple Las Vegas Valley law enforcement agencies held an active shooter drill at the Department of Public Safety’s Parole and Probation office on December 6, 2018. Officials set up the training exercise to include multiple active shooters, a barricaded suspect and multiple casualties. (Katelyn Newberg/ Las Vegas Review-Journal)
Dozier execution timeline
Scott Dozier was set to be executed July 11, 2018, at the Ely State Prison. Judge Elizabeth Gonzalez delayed the execution.
Las Vegas Metropolitan Briefing 18th street gang
Las Vegas Metropolitan briefs the media on the recent arrests made regarding the 18th street gang.
Las Vegas Metropolitan Briefing - 18th street gang
Las Vegas Metropolitan briefs the media on the recent arrests made regarding the 18th street gang.
The Mob Museum
Man shot in Las Vegas traffic stop had knife, police say
Police said the man fatally shot by an officer during a traffic stop in downtown Las Vegas had a “homemade knife.” Demontry Floytra Boyd, 43, died Saturday at University Medical Center from multiple gunshot wounds after officer Paul Bruning, 48, shot him during a traffic stop. Bruning pulled Boyd over on suspicion of driving recklessly at 7:41 a.m. near Sunrise Avenue and 18th Street.
Man shot, killed by Las Vegas police after traffic stop
Las Vegas police give a briefing after a man was shot and killed by an officer following a traffic stop. (Rio Lacanlale/Las Vegas Review-Journal)
Video of suspect in Home Depot parking lot shooting
A man who was injured in a Nov. 20 shooting in the southwest Las Vegas Valley died at a hospital Tuesday, the Clark County coroner’s office said.
Nevada Task Force 1 Dog Units Return
Four dogs and their handlers returned to the Las Vegas Valley on Thursday, November 29, 2018, after deploying to the Paradise, California wildfire last week. The dogs, trained in human remains detection, are part of Nevada Task Force 1, a Federal Emergency Management Agency urban search and rescue team. (Katelyn Newberg/ Las Vegas Review-Journal)
Police thwart brazen kidnapping attempt
Metro officers suspicious of woman claiming to be with Child Protective Services prevent possible kidnapping of three-week-old infant.
Shot Spotter technology used by Metro extended for another year
Gunfire location technology being used by the Las Vegas Metropolitan Police Department gets extended for another year of evaluation.
Nye County pursuit ends in rollover crash caught by dashcam
A truck flipped twice before landing on its wheels as a driver tried to flee Nye County Sheriff's deputies on Friday, Nov. 23, 2018.
Nevada Highway Patrol stops wrong-way driver on Thanksgiving
The Nevada Highway Patrol has released dashboard and body camera video showing troopers deploying spike strips to stop a suspected impaired wrong-way driver early Thanksgiving Day. (Nevada Highway Patrol)
DUI sentencing
The parents of 8-year-old Levi Echenique speak after a woman who drove under the influence of marijuana and killed the boy was sent to prison.
3 Pahrump residents arrested on false imprisonment charges
James Thatcher, 28 of Pahrump, Chelsea Demille, 30 of Pahrump, and Sandra Wombles, 19 of Pahrump were all arrested after it was discovered that they were holding an adult female and male prisoners in their bedroom. (Nye County Sheriff's Office)
2 kids struck by gunfire in North Las Vegas shooting
On Saturday, Nov. 17, 2018, people opened fire into a residence in the 3600 block of Hamlin Place in North Las Vegas. Two kids were hit by gunfire and sent to the hospital with non-life threatening injuries, according to North Las Vegas police. Anyone with information is asked to call the NLVPD at 702-633-9111.
Stephan Bonnar DUI Arrest
Stephan Bonnar arrested for DUI in Nevada.
TOP NEWS
News Headlines
Home Front Page Footer Listing
Circular
You May Like

You May Like