60°F
weather icon Mostly Clear

City seeks new trial in crosswalk case

Boulder City is asking Nevada’s Supreme Court to grant a new trial in a case in which it was found guilty of vindictive prosecution against a former resident.

On June 19, the city petitioned to have an order by District Judge Richard Scotti vacated. The case stems from the June 8, 2016, arrest of former resident John Hunt while he was protesting a police-sanctioned crosswalk enforcement event.

In October 2018, Scotti ruled that the city had vindictively prosecuted Hunt and dismissed the case, saying it violated Hunt’s First Amendment rights. In December, the city unsuccessfully attempted to have Scotti disqualified and obtain a new trial.

City Attorney Steve Morris said lawyers have been working on this petition since about two months after that denial.

“The city took steps to have Judge Scotti disqualified, which did not conclude until the end of 2018,” he said. “In February of 2019, the city retained Marquis Aurbach and Coffing to prepare a writ contesting Judge Scotti’s decision, and as soon as the writ was completed and accepted, it was filed with the Nevada Supreme Court.”

In the petition, the city is asking for “extraordinary relief” by having the Supreme Court require the District Court to hold a new trial in Hunt’s case as required by state law. The city also argues that Scotti acted without proper authority and seeks to have Scotti’s dismissal order and ruling vacated.

“This filing is a ridiculous waste of time and money,” said Stephen Stubbs, Hunt’s attorney. “Steve Morris fails to realize that vindictive prosecution is a violation of constitutional rights by the prosecutor, not the police. It was Steve Morris that violated John Hunt’s rights by vindictive(ly) prosecuting him and charging him with a crime for exercising his First Amendment rights. Inexplicably, this new filing tries to get the Nevada Supreme Court to rule on whether the police acted appropriately, which has nothing to do with Judge Scotti’s decision and is the subject of the civil litigation, not the criminal case.”

Stubbs also questioned why the city is paying a law firm “tens of thousands of dollars to try to resurrect a misdemeanor charge where the highest punishment is community service.”

For this proceeding, the city retained Marquis Aurbach Coffing at the rate of $200 per hour and has spent $1,400, according to Morris.

Morris also said the law firm has represented the city through various cases with POOL/PACT but was retained for this case based on its knowledge, skill and expertise with this matter and appellate practice.

Stubbs said his next step is to file an opposition to the city’s petition.

The Nevada Supreme Court has yet to set a hearing in the case. Morris said the court will determine whether an answer is required and if so, when it needs to be filed.

Supreme Court Petition by Boulder City Review on Scribd

Contact reporter Celia Shortt Goodyear at cgoodyear@bouldercityreview.com or at 702-586-9401. Follow her on Twitter @csgoodyear.

MOST READ
LISTEN TO THE TOP FIVE HERE
THE LATEST
Leash law gets another look

One of the most discussed topics in Boulder City this past year has surrounded when, where and if dogs can be off-leash.

New faces at BCPD

Monday morning, three new Boulder City police officers were sworn in during a ceremony that featured city staff, family and fellow officers. Above, Chief Tim Shea swears in, from left, Rayman Bateman, Zach Martin and Hi’ilani Waiwaiole. Shea noted that it’s very rare for them to swear in more than one new officer at a time. Two more future officers will be attending the police academy next month. The new officers help fill vacancies left by retiring officers or those who have moved onto other agencies. Left, Mayor Joe Hardy gave the three new officers an impromptu group hug during the ceremony.

The Mouse, his House and me

I’m about to say something that divides many in terms of their opinion. More than should a sandwich be cut horizontally or the diagonal cross-cut. Even more than the question of Coke vs. Pepsi and even more controversial than whether a tomato is a fruit or vegetable.

Eagles keep up their winning ways on volleyball court

Boulder City High School boys volleyball continues to succeed against higher classes of opponents, knocking off 4A Somerset Sky Pointe 3-2 on April 8.

Late-inning effort lifts Lady Eagles

A young team that is showing progression, Boulder City High School softball showed resiliency this past week, capping off a come-from-behind victory over rival Virgin Valley on April 9, while defeating 4A Silverado on April 8.

‘Honestly, I just thought about football’

Torryn Pinkard doesn’t want to be looked upon as someone with cancer who happens to play football. He’d rather be seen as a football player who happens to have cancer.

Boys volleyball wins first league game

Boulder City High School started league play with a victory, defeating The Meadows 3-0 on April 1.

From Garden to Grave

Last week, the Christian Center Church hosted four showings of Garden to Grave: Live Stations of the Cross. Pastor Deborah Downs said the Stations of the Cross “are a contemplative practice of walking the way of suffering with Jesus. If one were to visit the city of Jerusalem, they would discover all 14 stations on what is called the Via Dolorosa – The Sorrowful Way – a path from Pilate’s court to Golgotha to the tomb.”