Las Vegas judge to oversee Nye County sheriff’s case
May 28, 2010 - 5:50 pm
A Las Vegas judge has been appointed to hear the case against a Nye County sheriff's detective accused of targeting political candidates for intimidation and harassment.
As expected, Pahrump Justice of the Peace Tina Brisebill removed herself from the case on Wednesday because of her familiarity with the people involved.
It will now be up to Senior Judge Joseph Bonaventure Sr. to sort out the bizarre case, which revolves around the arrest of Nye County District Attorney Bob Beckett and his decision to seek charges against the officer who took him into custody.
Detective David Boruchowitz is expected to plead not guilty to the charges during a hearing before Bonaventure June 18 in Pahrump.
The officer faces a total of 27 counts, including assault, kidnapping and false arrest. The charges paint him as rogue cop who has been using his badge to wage an election-year campaign of harassment and intimidation against Beckett and two candidates running against incumbent Nye County Sheriff Tony DeMeo.
Beckett refiled the two criminal complaints on Wednesday, this time under his own name instead of that of Deputy District Attorney Robert Bettinger.
Beckett said he decided to take control of the case because Bettinger was intimidated by its complexity and felt "uncomfortable about filing charges against a police officer who he works with."
"I understand how he feels. I don't feel comfortable filing charges against police officers either, but sometimes you have to do that," Beckett said.
Bettinger declined comment.
On May 5, Beckett was arrested and booked on embezzlement and other charges in connection with a bank account his office has managed for more than 10 years.
He has yet to be formally charged.
On Tuesday, the Nye County Commission is expected to vote on whether to proceed with a request to have the district court appoint an outside prosecutor to try the case against the four-term district attorney.
As for the Boruchowitz matter, Beckett acknowledged the awkwardness of serving as prosecutor in a case in which he is also the alleged victim, but he said he has no choice since Brisebill ruled he could not name his own outside prosecutor.
"There are some issues that have to be looked at," Beckett said. "I'm going to leave that all up the judge."
In the meantime, the Las Vegas attorney Beckett named as a special prosecutor on May 20 has filed an appeal with the District Court in Pahrump challenging Brisebill's rejection of his appointment.
C. Conrad Claus originally filed the charges against Boruchowitz, but Brisebill dismissed them.
Beckett, who is locked in a heated primary race against his former chief deputy and three other Republicans, also acknowledged on Friday that the unfolding legal mess "has caused a certain amount of strain" between police and prosecutors in Nye County.
For the most part, though, staff members in both offices continue to behave like professionals, he said.
At about the same time Beckett was making that comment, the Sheriff's Office sent out a news release announcing the arrest of a Pahrump man suspected of destroying some of the district attorney's campaign signs.
The detective who investigated the case and made the arrest was David Boruchowitz.