Las Vegas Review-Journal

Review in Brown case lambasted

Scant new info emerges on death involving Metro ex-cop

- By Blake Apgar Las Vegas Review-journal

A public review of the dismissed manslaught­er case of a former Las Vegas police officer provided little new informatio­n Monday, but it did stoke frustratio­n among critics over how the case was handled.

The purpose of the hearing was to allow the public to review evidence and ask questions about the case of former Metropolit­an Police Department officer Kenneth Lopera, who was charged last year with involuntar­y manslaught­er and oppression under color of office in the death of 40-year-old Tashii Brown.

However, the hearing officer who presided over the review, Craig Drummond, was not required to ask every question submitted by the public.

“What you have here is a glorified press conference masqueradi­ng as an informal, quasi-legal proceed

LOPERA

ing,” longtime Nevada civil rights advocate Gary Peck said. The hearing, he said, offered little transparen­cy to inform the public.

On May 14, 2017, Lopera stunned Brown with a Taser seven times, punched him at least a dozen times and placed him in a chokehold for more than a minute, police said. Lopera told police he suspected that Brown was trying to steal a truck.

The case was referred to a grand jury. Lopera avoided indictment in July of this year, and his criminal charges were dropped in August.

Clark County District Attorney Steve Wolfson said 20 or 30 percent of the informatio­n in the case was withheld Monday. Only one of the 15 witnesses in the case who were invited to the hearing attended, he said.

Brown’s mother, Trinita Farmer, sobbed outside the Clark County Government Center after the hearing, expressing frustratio­n with how officers had handled her son.

Tod Story, executive director of the ACLU of Nevada, called the process “a farce.” He said the case should have been handled in a public courtroom and not by a grand jury, where proceeding­s are kept secret.

Farmer’s attorney, Andre Lagomarsin­o, called the hearing a “waste of time.”

“The one thing that it does is it shines a light on the fact that there is no really effective or transparen­t remedy for the family, and the only solution’s going to be a legislativ­e fix because the process that’s in place now really has no bite,” he said.

Farmer sued Lopera and three other Metro officers in May. The lawsuit alleges that the other officers did not intervene during the encounter.

The Clark County coroner’s office ruled Brown’s death a homicide, saying he died from asphyxia due to police restraint procedures, with contributi­ng factors that include methamphet­amine use and an enlarged heart.

One piece of evidence that emerged after the hearing was a report authored by a doctor in Canada who questioned Brown’s cause of death.

“In short, it is extremely unclear from the coroner’s investigat­or’s report, what actually happened to Mr. Brown,” Christine Hall wrote in the report.

Lopera’s defense also challenged the cause of death, arguing that Brown’s enlarged heart and drug use, combined with the totality of the event, caused his death, Las Vegas Police Protective Associatio­n President Steve Grammas has said.

Prosecutor­s sent the case out for review. Force Science Institute contracted Hall to produce a report.

Despite criticism from civil rights advocates, the group says it is not biased in favor of police.

Wolfson said the report’s author was independen­t and not an employee of Force Science. The group’s website shows that Hall has worked as a Force Science course instructor.

Contact Blake Apgar at bapgar@ reviewjour­nal.com or 702-387-5298. Follow @blakeapgar on Twitter.

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