53°F
weather icon Clear

Vindictive prosecution ruling in crosswalk case overturned

Boulder City did not vindictively prosecute a former resident, according to a new order issued by a judge in Nevada’s Eighth District Court.

The order stems from a case involving the June 8, 2016 arrest of John Hunt, who lived in Boulder City at the time.

On Friday, July 31, Judge Richard Scotti issued a minute order in an appeal filed by Hunt saying that City Attorney Steve Morris, former City Attorney Davis Olsen and the city did not vindictively prosecute him or violate his First Amendment rights. He also wrote that the reputations of Olsen and Morris “should not be tarnished.”

In October 2018, Scotti ruled the opposite way and dismissed the case, saying it violated Hunt’s First Amendment rights.

“Unfortunately, the damage to my reputation has already occurred and continues to occur through bigotry, discrimination, slander, libel, bullying and harassment,” Morris said. “These efforts have not only adversely impacted me and my family but the dedicated staff and employees of Boulder City and their families. I can only hope that this decision may pave the way to greater unity and the eradication of the cancel culture that remains a cancer to our city and society.”

Hunt’s former attorney, Stephen Stubbs, filed a motion for final judgment in January, asking for payment for attorney’s fees and litigation expenses. Morris filed a motion opposing it and asking for a hearing to present new evidence. Scotti allowed for the hearing, which was held July 23.

According to the order from the hearing, Scotti wrote he believed the city presented evidence that the Federal District Court said the city had “probable cause to arrest Hunt.” He also wrote that the city’s new charges filed against Hunt almost a year after the incident were a reaction to his federal complaint “but not a retaliatory reaction.”

“He (Olsen) was winding down his affairs due to the anticipated retirement,” Scotti wrote in the order. “He had been without a paralegal for part of that time period. He had forgotten about the Hunt matter. And Hunt jogged his memory by filing his Federal Court action.”

Scotti ordered the city’s attorney, Cynthia Alexander, to prepare a final order that reflects his minute one.

“There will be no further hearings on Hunt’s efforts to dismiss the case on motion practice,” Morris said.

Stubbs represented Hunt through the July 23 hearing. On Friday, July 31, Stubbs said he was no longer on the case and did not want to give an official statement about why he left.

“In 2016, BCPD (Boulder City Police Department) gave me a dash-cam video that I thought was fake,” Hunt said. “I tried to tell the press and was repeatedly ignored. I hired experts to verify what I was saying. They agreed. I was still ignored. Feeling I had no options left, I sued the city in an attempt to get the real video. Why are people upset that I took these steps? They should be happy that I tried to inform others of an important discovery. I believe many people who receive fake videos don’t survive their encounter with police. I did this on their behalf.”

Hunt said he currently did not have an attorney.

Olsen said he was “deeply appreciative” of Scotti’s statements about him and his actions.

“I think it’s all turning out the way it’s supposed to,” he said.

He also said the case may have been able to be resolved sooner if the city had asked him earlier to testify about what happened with the charges against Hunt.

Bridgford 7-31-20 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
THE LATEST
Council grills CCSD official

Once each quarter, Dr. Deanna Jaskolski, regional superintendent for region 3 of the Clark County School District (which includes Boulder City) presents a report to the city council about the city’s four local public schools.

Calloway outlines state of city parks and rec

The big question when it comes to Parks and Recreation in Boulder City is, “When is the pool we all hear so much about actually going to be built?”

Happy 65 th to BCPD

Photos by Ron Eland/Boulder City Review

A step back in time

If someone is researching Boulder City’s history, chances are the majority of what they find will center around the building of Hoover Dam.

Memorial deal gets approval from council

One of the final steps before installation of the monument honoring fallen soldier and Boulder City native Shane Patton happened without fanfare at the city council meeting this week.

Council OKs judge panel

If you didn’t read the agenda, you would have no idea that the city council took a vote on the issue of municipal judge in Boulder City.

Boulder City High robotics team to compete at UNLV

The High Scalers, the robotics team at Boulder City High School, will be competing in the Las Vegas Regionals of the FIRST Robotics Competition at the Thomas and Mack Center on the campus of UNLV this weekend.

Car show benefiting officers returns to BC

If you like car shows, food, music and being able to see celebrities from your youth, then mark Saturday, March 29 on your calendar.

Council nixes development idea

Call it fiscal creativity, although some developers prefer harsher terms.