WHEN LAS VEGAS POLICE SHOOT, AND KILL: We need independent accountability on shootings

The recent death of Stanley Gibson at the hands of Las Vegas police was both shocking and tragic. While Mr. Gibson's death was certainly not expected, neither was it totally surprising. Again, the city of Las Vegas can see the familiar and troubling elements set forth in the recent Review-Journal series analyzing police shootings.

Mr. Gibson was an unarmed, African-American man who, while exhibiting clear signs of mental and emotional distress, threatened no one. Nor did he pose a danger of committing an act that would likely result in death or serious injury. The only violence came from the police. Mr. Gibson, a disabled veteran, had committed no crime, nor was he about to do so. He needed mental health services. Instead, he was shot to death.

This type of scenario, rather than being an aberration, has become all too familiar.

This situation demands a full, fair, unbiased and comprehensive investigation. It is a bedrock principal of a constitutional democracy that one may not improperly and prematurely prejudge an incident, or even the officers involved in a tragic event like this. They deserve the benefit of thorough inquiry before final consequences are imposed. However, we must stridently observe, so does a suspect. So does the decedent's family. So does the public.

Unfortunately, as the R-J investigation amply demonstrated, when it comes to fair, transparent and unbiased investigations of officer involved shooting deaths, there is a vast chasm between what we have come to expect and what we have a right to expect. It is unreasonable to leave the entire investigation up to Metro -- a public agency that is totally independent of, and not answerable to, any other part of government.

This is not to suggest any corruption or intentional malfeasance. Instead, it reflects the serious problem of any meaningful accountability or proper checks and balances. The founders of our nation stressed the necessity of a system of checks and balances for any and all agencies of government. The police are no exception. On the contrary, proper independent accountability is most important for police because society gives them the special right to use lethal force. The right to use lethal force cannot be unlimited, nor can it be used improperly.

Metro cannot be left to police itself, as it is not a neutral player, but instead, has a natural vested interest in publicly appearing in the best possible light. As pointed out in the R-J series, systemic problems in some of Metro's training, policy and personnel protocols are strongly correlated with a history -- going back decades -- of questionable police shootings. Despite undoubtedly sincere expressions of concern, the fortitude necessary to make the types of changes outlined in the R-J report has been sorely lacking. If investigation of the police -- both individual officers and the department itself -- is left solely up to the police, nothing will change, and there will continue to be no true accountability. History should not be permitted to repeat itself.

Many people were shocked to learn that the Clark County district attorney investigates a police shooting only when either: 1) the police ask them to, or 2) in preparation for a coroner's Inquest. The articles revealed that the Clark County district attorney's office does not routinely investigate deaths caused by police shootings. Instead, it waits until the police "volunteer" to ask for an investigation. Not surprisingly, this never occurs.

Adding to the problem, the DA's office apparently does not think that deaths caused by police shootings are important enough to request the police file, or to undertake any independent investigation.

Thus, to put it more succinctly, no independent criminal investigation ever takes place. To add to the problem, the police union has attempted every legal maneuver it can think of to get rid of the coroner's Inquest process. The district attorney's office, while not actively involved in the litigation, has made it abundantly clear that it too favors abolition of the inquest. If successful, all that would remain would be Metro's own investigation of itself.

To exacerbate the problem, the police union has instructed its member officers to not cooperate or answer any questions asked by Metro investigators, the district attorney or anyone else. Unfortunately, because it seems that Metro cannot or will not take the necessary steps to put its house in order, and that local officials, including the district attorney are similarly disinclined to take action, we must call for fundamental change.

We are calling for a federal investigation by the Justice Department. It is time for this pattern and practice of conduct depriving Nevadans of the rights protected by the Constitution to end. The unrestrained use of excessive force is not acceptable. It must end.

This is a sad state of affairs. Metro is populated by many dedicated officers who are unfairly tainted by this situation. The department has a proud history showing outstanding performance in many areas that is being tarnished, particularly in the communities that have a disproportionate number of their members being killed. Metro's track record concerning officer-involved shootings and other deaths, however, has for too long been mired in rhetoric without meaningful change.

Outside intervention appears necessary to bring about those changes. The result of such intervention can only be a benefit to the officers and the public they serve.

Dane Claussen is executive director, Staci Pratt is legal director and Katrina Rogers is staff attorney of the ACLU of Nevada.