Trial for lawyer running for Clark County DA opens as election day approaches

Raymond James “Jim” Duensing’s life changed the moment he decided to go for a chili dog.

Instead of turning right in a turn lane, he went straight, and a Metro police motorcycle officer pulled him over. Within moments, he was under arrest with three gunshot wounds to his body.

Now the Pahrump lawyer is running on the Libertarian ticket to be Clark County’s top prosecutor, the lone opponent to incumbent District Attorney Steve Wolfson, head of the same office that is prosecuting the criminal case against him.

Lawyers gave opening statements Thursday in Duensing’s trial, which is expected to last beyond Election Day next week. He faces three felonies — resisting a police officer, carrying a concealed weapon, and unlawful possession of a firearm, because authorities found traces of marijuana in his system — stemming from his roadside confrontation on Oct. 29, 2009.

Duensing, who unsuccessfully ran for Congress three times on the Libertarian ticket, was on his way home from a political rally when he decided to grab a bite to eat, said his lawyer, Tom Pitaro.

Officer David Gilbert stopped Duensing near the intersection of Cheyenne Avenue and Jones Boulevard and learned the lawyer had a warrant for unpaid traffic tickets in Las Vegas.

Prosecutor Patrick Burns said Duensing “thought he was above the law, and he was absolutely motivated not to be taken into custody on those warrants.”

After Duensing, 37, stepped out of the vehicle, he became unruly, Burns said.

The officer told Duensing “no less than four times” to comply with his orders before firing a Taser stun gun. Duensing yanked the probes from his body and started to run, the prosecutor said.

Burns said Gilbert noticed Duensing reach for a .45-caliber semi-automatic pistol in the right cargo pocket of his pants and turn toward the officer.

That’s when the officer tossed aside his Taser, grabbed his own gun and fired three shots.

Pitaro told the jury that witnesses, including Gilbert and another officer who pinned Duensing down, were confused about what happened at the scene.

“Facts are hard things,” Pitaro said. “You can’t get around them by wishing something happened. And yet that’s where we’re at.”

Pitaro argued that Gilbert could not have seen Duensing’s gun because it was tucked in a buttoned-up cargo pocket. His knife, in his right hip pocket, was not found by police until after he was shot.

“We’re not here to determine whether officer Gilbert did a bad shooting,” Pitaro said. “That’s not what we’re here to determine because the state, to justify the shooting, has to make it (Duensing’s) fault.”

In 2010 Metro’s Use of Force Board found Gilbert justified in the shooting.

Duensing filed a federal lawsuit against Metro, Gilbert and Taser International, but the case was dismissed.

Duensing’s law practice revolves around fixing traffic tickets. In March, when he filed his long-shot run for district attorney, Duensing vowed to stop prosecuting nonviolent crimes, including traffic tickets, if elected.

If convicted of all three charges, he faces up to 12 years in prison.

Contact reporter David Ferrara at dferrara@reviewjournal.com or 702-380-1039. Find him on Twitter: @randompoker.