Federal lawsuit alleges Nye County deputy tased, punched man who called for help

A federal lawsuit claims a Nye County sheriff’s deputy assaulted a Pahrump man who had called for help with a neighbor’s pitbull, then arrested the man on false charges.

In late March, 70-year-old David Provenza requested help with his neighbor’s dog, which was chasing him on his property, according to the complaint, filed Tuesday by attorney Adam Breeden against Nye County and the deputy.

Deputy Jason Ruesch responded to help animal control, according to the suit, but he and Provenza became embroiled in an argument about his job performance.

In response, Ruesch “knocked PROVENZA — who was not even under investigation for any crime — to the ground, punched him in the face bloodying his mouth, and used a taser on PROVENZA four different times,” Breeden alleged in the complaint. “Incredibly, he then arrested PROVENZA for various charges related to force on the officer, which had not occurred.”

Ruesch could not be reached for comment. Nye County Sheriff Joe McGill said he was not aware of the suit before a reporter called and would not be able to comment on pending litigation. Nye County spokesperson Arnold Knightly also said the county would not comment on an ongoing suit.

Nye County District Attorney Brian Kunzi said Provenza had accosted his neighbors and the officer. He, not the deputy, was the aggressor, according to Kunzi, and “caused a ruckus” that led to the sheriff’s office responding.

Kunzi said Ruesch responded legitimately to Provenza.

“I think the officer has a right to defend himself and I’ll defend that to the end,” he said.

Provenza faces assault and breach of peace charges, according to a Pahrump Justice Court docket sheet. Court administrator Alisa Shoults said his arraignment is scheduled for May.

Breeden said it was necessary to file a lawsuit against the county just to obtain body camera footage of the incident, which the county refused to release for seven months.

The criminal case was dismissed, but refiled about two weeks ago, according to Breeden. The county was reluctant to release the arrest report, he said.

Kunzi said the first filing was Jan. 8. There was not a previous filing and the charges were not retaliatory, he said. As far as he knows, the case was not dismissed.

McGill said his office does not release records if they relate to a pending case. The decision to release them is up to the district attorney, he said.

The sheriff has previously complained about District Attorney Brian Kunzi preventing him from releasing records, saying the policy was eroding trust.

Kunzi said he does not release investigative material while a case is pending. “I don’t want to pollute the jury pool,” he said.

This incident was not the first time Ruesch used force on the job.

As a North Las Vegas officer, he was one of two officers who in 2020 opened fire on a man after he refused to drop a gun. The man was left in critical condition and hospitalized.

In June, he “engaged in a physical altercation” with a man when he responded to a disturbance call at Terrible’s Lakeside Casino, the Nye County Sheriff’s Office said in a previous Facebook post. A citizen helped Ruesch take the man into custody.

The suit claims that in his actions with Provenza, Ruesch violated Provenza’s Fourth, Eighth and Fourteenth Amendment rights.

McGill said there was not an internal affairs investigation into Ruesch’s incident with Provenza because no one filed a complaint.

Breeden said Provenza had trouble breathing in the wake of the incident and was left in pain. He’s also been “deeply emotionally troubled,” his attorney said, and doesn’t feel safe in Nye County.

Contact Noble Brigham at nbrigham@reviewjournal.com. Follow @BrighamNoble on X.