77°F
weather icon Mostly 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.

THE LATEST
BCHS students win robotics competition

A trip to the workshop for the High Scalers, the robotics team at Boulder City High School in 2024 was much like a visit in 2023. Stuff used to make and practice with the robots built by the team everywhere, six or seven kids gathered there after school and a faculty advisor ensconced in the back of the room at a desk.

Mays in as interim city manager

May 8. That is City Manager Taylour Tedder’s last day working for Boulder City. In other words, Tuesday was Tedder’s final city council meeting.

Council establishes separate pool fund

Things appear to be heating up in terms of motion toward at least initial steps in Boulder City building a new pool. Those steps are not anything that residents will see for a while, but they set the stage.

BCPD closes graffiti case

Thanks to business surveillance cameras, the city’s vigilant license plate reader and “good old-fashioned detective work,” one of the most visible crimes the city has seen this year was solved and arrests made.

Ethics article on hold

In last week’s article on former Boulder City Fire Chief Will Gray’s termination, it mentioned that a follow-up on the Nevada Ethics Commission complaint filed by Gray against Councilman Steve Walton would appear in this week’s edition.

Student Council shines with 2 awards

The Boulder City High School Student Council received a pair of prestigious awards within the past two weeks to add to the list already on their proverbial mantle.

Former fire chief Gray discusses termination

The past few weeks have been a whirlwind for the city, and specifically the fire department, as questions of whether or not Will Gray was still employed as that department’s chief spread through town.

Breeding proposal breeds opposition

Judging by the number of people speaking out against it during public comment at the last city council meeting and the tone of numerous social media posts, the proposal to allow for licensed pet breeders to operate in Boulder City is itself breeding a growing opposition. And the opposition appears to be spilling over into other pet-centric issues, including the fact that, unlike anywhere else in Clark County, Boulder City does not require dogs to be on a leash in public.

Wanted: A good home for theater seats

For those who have either grown up in Boulder City or are longtime residents, the Boulder City Theatre holds a special place in the hearts of many.

Hangars and OHVs and pool people, oh my

In a meeting with only two council members present in the room (and the other three on the phone) and in which the major attention was divided between a contentious possible law concerning pets and the fact that the city manager had announced he was leaving for a new job on the East Coast, the council did take a series of other notable actions.