Judge refuses to halt coroner’s inquest

A federal judge heard arguments Wednesday before refusing to halt a coroner's inquest that is scheduled to begin this morning in Las Vegas.

Relatives of Deshira Selimaj, an ice cream truck driver who was shot and killed Feb. 12 by a Henderson police officer, had asked U.S. District Judge Larry Hicks to delay the hearing until authorities shared evidence with them.

"The Selimaj family is certainly disappointed by the court's ruling but respects Judge Hicks and the time he gave this matter on short notice," said attorney James Jimmerson. "His finding that there are no property rights of the family to compel the delivery of police reports or the coroner's autopsy report to the deceased's family highlights the unfortunate, one-sided nature of a coroner's inquest as it exists in Clark County."

Gary Peck, executive director of the American Civil Liberties Union of Nevada and an outspoken critic of the coroner's inquest system, also expressed his disappointment in the ruling.

"In essence, the court's order reinforces the legitimacy of our complaint about the unfairness of the process by underscoring how little relevant information the family is entitled to," he said.

Selimaj's husband, Zyber, and three sons filed a lawsuit Friday in District Court against the city of Henderson, police Chief Richard Perkins, Clark County and District Attorney David Roger. On Monday, the defendants moved the case to federal court.

According to the complaint, the defendants have refused to give the Selimaj family information about the fatal shooting, including the autopsy report and recordings of interviews with the two Selimaj children who witnessed the incident. The lawsuit sought a court order requiring the defendants to turn over the information at least 24 hours before the start of the inquest.

Hicks, who was presiding over a trial Wednesday in Reno, took an afternoon break to conduct a telephonic hearing on the Selimaj matter.

Mario Lovato, another attorney representing the Selimaj family, told the judge that criticism of the inquest process led to a change that allows "interested parties" to participate.

The ordinance pertaining to inquests was amended last year to allow "interested parties," including relatives of the person who was killed, to submit questions in writing to the presiding officer, who in turn decides whether to ask them.

Lovato said the Selimaj family voluntarily turned over the names of all witnesses they had found, but police and prosecutors have said they will share no evidence with the family until after the inquest.

"The rights that have been given to the family as interested parties have to mean something," the lawyer said.

Attorney Peter Angulo, who represents the defendants, described an inquest as an investigative hearing that is "quasi-criminal." He said private individuals have no legal standing in criminal cases unless they are defendants.

Inquests are held in Clark County whenever someone is killed by a police officer. Attorneys from Roger's office conduct the hearings and are required to act as a "neutral presenter of facts."

After hearing the evidence, a jury is asked to determine whether the killing was justifiable, excusable or criminal. The verdict is advisory.

"Regardless of the findings, it has no legal effect upon the rights of the plaintiffs in this case," Hicks said.

The judge said Selimaj family members may pursue a lawsuit regardless of the jury's verdict. However, he said he was greatly concerned that neither the Clark County Commission nor the Legislature had established discovery rights for interested parties involved in inquests.

Discovery is the legal term for the sharing of information between the parties involved in a court case.

"In this case, the Clark County Code does not grant plaintiffs any right other than to present questions in writing to the presiding officer," Hicks wrote in an eight-page order, which he issued late Wednesday.

Peck said the order does not bar the government from sharing information with the Selimaj family.

"As such, it remains the case that the government's obstinacy in this regard is indefensible," he said.

ACLU attorney Allen Lichtenstein said the order did not defend the inquest process.

"What it pointed out is that there is little process in providing adequate information to the advocates of the deceased, and this once again shows that the complaints that we at the ACLU have been making all along about the fundamental unfairness of the process still apply," he said.

Angulo said he was pleased with the ruling. He said his clients "feel the process is fair as it stands for what it's designed to do."

The Selimaj inquest will be held at the Regional Justice Center and is expected to last two days.

"We do look forward to participating in the upcoming coroner's inquest to the extent we are permitted by law," Jimmerson said.

Deshira Selimaj, 42, was fatally shot by officer Luke Morrison, 23, after she came to the aid of her husband, who had been stopped by police at an intersection near Coronado High School. Police had accused her husband of speeding and failing to obey a stop sign.

Both Deshira and Zyber Selimaj, who are Albanian immigrants, were driving ice cream trucks. Deshira Selimaj arrived at the scene with the couple's 5-year-old and 11-year-old sons. Their 7-year-old son was not present.

Perkins told reporters Deshira Selimaj had threatened her children, herself and officers with a knife. He said officers attempted to subdue her with a stun gun, but the attempt failed.

Zyber Selimaj was arrested at the scene on a misdemeanor obstruction charge, which is pending.

Contact reporter Carri Geer Thevenot at cgeer@reviewjournal.com or 702-383-0264.