64°F
weather icon Mostly Cloudy

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
Hardy feted by League of Cities

Anyone who has been around the Boulder City political world for any stretch of time already knows that Mayor Joe Hardy is a pretty humble guy and not one to toot his own horn.

Utility director Stubitz takes new job with state

When Utilities Director Joe Stubitz briefed the city council on the status of Boulder City’s Dark Sky initiative, which involves replacing hundreds of street light fixtures with modern versions that aim light onto the ground and not into the sky, it was notable for reasons beyond spending and how soon the program would be finished.

Feeling the Fall Fun

Photos by Ron Eland/Boulder City Review

Relaunched annual Airport Day set for Nov. 8

Aircraft enthusiasts will want to head to the Boulder City Airport on Saturday, Nov. 2, to check out a variety of planes and helicopters.

Mays: Retail vacancies running against trend

Sometimes the good stuff in a public meeting is kind of buried. Or maybe just mentioned as an aside. Such was the case with the annual report given to the city council by Deputy City Manager Michael Mays wearing his secondary hat as acting community development director.

BC man dies in e-scooter accident

Boulder City Police responded to a serious injury accident in the area of Buchanan Boulevard near Boulder City Parkway on Tuesday, Nov. 4, around 5:25 p.m. When officers arrived, they found a 22-year-old Boulder City man with life-threatening injuries.

Capitol Tree at Hoover Dam Thursday

The 2025 Capitol Christmas Tree is scheduled to be at Hoover Dam today, Nov. 6 from 9 – 11 a.m. While it will be in a box and not visible, people can sign the box that the tree is in and take pictures of it with Hoover Dam in the background. The current plan is to place the tree on the Arizona side of the dam. The 53-foot red fir nicknamed “Silver Belle” was harvested from the Humboldt-Toiyabe National Forest in Northern Nevada.

Council tees up leash vote — again

In an otherwise quiet meeting this week, the city council, with Mayor Joe Hardy absent due to attendance at the meeting of the Nevada League of Cities, with Mayor Pro Tem Sherri Jorgensen presiding teed up a possible vote on two of the most contentious items on the council’s plate in to past couple of years.

Council approves allotments for Liberty Ridge

When the story from last week’s issue of the Boulder City Review concerning the approval of a temporary map for the coming Liberty Ridge development hit social media, the outcry was swift.