Reform of coroner’s inquest process could take months

There hasn't been a coroner's inquest into a death at the hands of police in more than a year.

During that time, police killed a distraught young man wielding a knife, another who grabbed for an officer's Taser and, on Dec. 12, Stanley Gibson, an unarmed, disabled war veteran.

In most other big cities, a district attorney would have reviewed such deaths. But in Clark County, with inquests mired in lawsuits, nobody outside of the police themselves has reviewed those cases, or most of the other 13 pending review.

That might change.

In interviews with candidates to become the next district attorney and the commissioners who will select one of them, it appears that the next top prosecutor will be actively involved after a police shooting. For decades, district attorneys have not conducted independent investigations into the incidents, and several commissioners said changing that will be one of their top priorities when selecting the new person.

The future of the inquest process also hinges on the selection. Some commissioners said they want to wait until the new district attorney settles in before deciding what to do about the process.

But while everyone seems to agree that the current stalemate can't go on, real reform could be months away.

In the meantime, the coroner's office is moving forward with some of the inquests, even though officers have vowed to appeal recent court rulings allowing them to proceed.

"This stalemate right now is harming the process, harming the community's trust and confidence not only in the commission, but Metro," Clark County Commissioner Larry Brown said. "Something has to give."

REBOOTING THE INQUEST

A confluence of developments has thrust the issue of police shootings into the laps of commissioners.

Commissioners are responsible for the ordinance requiring inquests after deaths by police. When they revised the ordinance last year to allow an ombudsman to ask questions of officers during inquests, officers filed legal challenges against two of them. They've been delayed since.

But in the last month two judges upheld the process, and Coroner Mike Murphy said last week that he is starting to reschedule inquests. There is a Jan. 4 pre-inquest hearing scheduled for the death of Eduardo Lopez-Hernandez, who died after Nevada Highway Patrol troopers used a Taser on him.

The Police Protective Association, which represents about 2,800 rank-and-file Las Vegas cops, has said it would appeal both cases. It could be years before the issue is settled.

In addition, the inquests are run by the Clark County district attorney's office, and its chief -- Clark County District Attorney David Roger -- will retire Jan. 3 with three years left on his four-year term.

Commissioners have been tasked with finding his replacement. Seven people have applied for the job, and the selection process is expected to last a few months. An interim will be named in the meantime.

THE DISTRICT ATTORNEY'S ROLE

One of the key issues for commissioners in selecting the new district attorney, many of them said, is how that person will handle police shootings.

Roger, like his predecessors for decades, has taken a hands-off approach. Unless police recommend charges against their own officers, Roger's deputies handle the case only to prepare for an inquest. Roger has not viewed any of the case files into the record 12 fatal shootings by Las Vegas police this year.

That is unusual for a big-city prosecutor's office, where the district attorney usually makes a formal decision about whether an officer's actions were criminal and makes an announcement.

The commissioners will not have control over the district attorney after the appointment is made, but several said they want that person more involved after a shooting. Former Clark County Sheriff Bill Young, who served from 2003 to 2007, also said during a radio interview last week that the next person should take a more active role.

"I would urge the next district attorney to be more engaged in this particular issue," he said. "Every single time there's one of these shootings, I think the sheriff and the district attorney should get together and discuss it."

All seven candidates vying for the position said they would be more involved. They only differ on the level of involvement.

Teresa Lowry, an assistant district attorney in charge of the family support division, had the strongest plan. She said she would have a deputy prosecutor go to the scene of the shooting and be involved from the beginning, like counterparts in some cities. Her office would review every case and publish its findings. One of the first things she would do is review all of the outstanding cases.

"I think it's clear that our community has a loss of confidence and faith in the process, so it will be critical that I keep open lines of communication with everyone involved," she said.

Other candidates have been more cautious about whether to send prosecutors to shooting scenes, but many said they would consider it. Steve Wolfson, a Las Vegas city councilman and a defense lawyer, said when he was a prosecutor he found it helpful to go to the scenes of deadly crashes caused by drunken drivers.

Some candidates said they would reach out to the sheriff after every shooting. John Hunt, a former Clark County Democratic Party chairman and a one-time candidate for attorney general, said he would be "actively involved" if chosen.

Robert Langford, a defense attorney and former deputy district attorney for nearly eight years, said "the DA's office has to be much more responsive to the community ... with regards to officer-involved shootings."

Commissioner Steve Sisolak said the board's decision will be crucial not just because of the position, but because the person will effectively be an incumbent with powerful name recognition and valuable experience by the next election.

"Unless they really mess up, odds are if they ran again ... they'd probably be re-elected," Sisolak said.

THE INQUEST'S FUTURE

Commissioners and the next district attorney will also likely look for alternatives to the inquest process if police continue to sue to stop future inquests. Clark County Sheriff Doug Gillespie is already looking at alternatives.

"Whether it's inquest process, we need something," Commissioner Susan Brager said.

All of the district attorney candidates said the current standoff is damaging to everyone, including officers who want to be cleared.

"I think what we have now is the worst possible scenario because it's eroding public confidence in the system overall and in the Police Department," said Patrick Ferguson, a senior deputy attorney general for Nevada.

The Metropolitan Police Department has nine officers on paid administrative leave because of shootings. In the absence of an inquest, the agency has been returning officers to work after they are cleared by the internal Use of Force Review Board. Of the nine officers on leave, four were awaiting their reviews by the board. The others were either awaiting the completion of paperwork to return to duty or were on temporary assignments.

Several candidates, including Drew Christensen, the county's director of appointed counsel, said they'd like to give the current inquest system, with its ombudsman, a shot.

Don Chairez, a former District Court judge who lost the 2010 election to current District Attorney David Roger, said he'd like to look for alternatives.

"This should be the DA's job and the sheriff's job to find a better way," he said. "I'd like to take the heat off the County Commission and say, 'Let's find a better way to do this.' "

All said they wanted a system that provided at least the same level of trans­parency into police shootings as the inquest process did.

Brown said he wanted something addressing the issue on the commission's agenda in January. But it could be months before any substantive change happens.

Commissioner Chris Giunchigliani said she wants inquests to proceed, but that she wants broader issues about how the Metropolitan Police Department uses deadly force to be discussed in open forums, possibly through a committee.

She said she will discuss the issue with Gillespie, who she said has been receptive to other ideas.

"I think he's got an obligation and a responsibility, though, to the general public as an elected official to make sure that nothing is swept under the rug, that this is fully debated and discussed and that valid ideas will have a place for consideration," she said. "That's all anybody's asking for."

Review-Journal reporter Brian Haynes contributed to this report. Contact reporter Lawrence Mower at lmower@reviewjournal.com or 702-383-0440. Contact reporter Kristi Jourdan at kjourdan@reviewjournal.com or 702-455-4519.