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May 25, 2005

CRIMES AND MISDEMEANORS

DeMeo charged

PAHRUMP RESIDENT JIM PETELL CLAIMS TO HAVE FILED A CRIMINAL COMPLAINT AGAINST SHERIFF; SAYS LAW WAS BROKEN WHEN BUDGET EXCEEDED

By HEIDI J. BERTOLINO and DOUG McMURDO
PVT



PVT FILE PHOTO
Sheriff Tony DeMeo
Pahrump resident Jim Petell, "citizen, voter and taxpayer of Nye County," recently filed a criminal complaint against Nye County Sheriff Tony DeMeo for overspending his budget in his first term of office.

According to Petell, he hand delivered the complaint to the Nevada Attorney General's office on May 18 while in Carson City, with a letter alleging DeMeo spent in excess of $1 million outside his budget in fiscal year 2003-2004, violating Nevada Revised Statutes, which govern the unlawful expenditure of money in excess of appropriated funding.

Part of the Attorney General's official policy is to not discuss public complaints, therefore it couldn't be verified if there would be a formal investigation. Nonetheless, DeMeo said last week he wasn't surprised by the allegations and was ready to defend himself, using the public record.

Also, the Attorney General does not investigate criminal matters. That chore is the duty of the Nevada Division of Investigation, which would look into Petell's allegations and then advise the Attorney General if further action is warranted.

DeMeo believes Petell is acting on a political agenda and is setting up a platform for former Nye County Sheriff Wade Lieseke to run again in the next election cycle. Lieseke hasn't formally said whether he has decided to run, though Petell admits to being in contact with the former sheriff. Additionally, Petell said the filing time, though late, was to ensure the statute of limitations didn't run out and DeMeo could properly be punished for the crime of overspending.

Petell told the Pahrump Valley Times he was looking at the possibility of running for sheriff next year if he determines he has the support of Nye County voters, and will delay any decision until the filing period begins next May.

If the incident is investigated and DeMeo is found to have violated the Nevada Revised Statute, he will be charged with a misdemeanor and will cease to hold office. He would also be one of several Nye County officials who overspent their budgets.

"It is my duty," said Petell in reference to the complaint. He said the sheriff hasn't been doing his job in protecting the people's best interest. Petell said he helped DeMeo gain office when he ran against Lieseke in 2002, but has lost faith in him. He said the sheriff doesn't perform his duty to the citizens of the county.

The sheriff said Petell has been in the Nye County Sheriff's Office in Pahrump recently and DeMeo has had to "reprimand" him for making obscene gestures. He said Petell wanted a police report he had no right to see and was behaving negatively. Petell was asked to leave and DeMeo admits there are hard feeling between the two men.

Petell agrees he was in the sheriff's office discussing the Neighborhood Watch program in his area of town with Deputy Ray Roberts. Petell said he saw the sheriff and began a casual conversation. "There was no hard talk or innuendos mentioned," said Petell, adding, "If DeMeo took my words as such that's his opinion."

Nye County was over budget just prior to the end of the fiscal year in question and had to augment the county's general fund approximately $1.5 million from a contingency fund put aside with PETT funds. PETT funds are the funds the federal government pays Nye County for development of the Yucca Mountain Repository. The contingency fund, according to the sheriff, was set aside to cover the cost of several department budgets who had gone over their limit, not only his own. DeMeo said the commissioners had set aside the PETT funds "just in case," when they cut his budget by $1 million halfway through the fiscal year.

DeMeo said the $1 million cut would have affected 17 positions countywide, jeopardizing the public's health and welfare. He said the complaint against him was purely political or the other departments who were over their budgets in the same fiscal year would also be investigated. He said when all was said and done his budget was only 2 percent off its mark, while commissioners had been 4 percent off their budget. He said the District Attorney's Office and several courts had also gone over their budget allotments in that year, but he couldn't remember the specifics.

DeMeo is actually proud of the 2 percent mark. He said with the things that happened that year, from being funded inadequately for overtime, to the commissioners slashing his budget by $1 million mid-stream and the extensive search for the "Ballarat Bandit" in central Nevada, he did pretty well. He said when the sheriff's office was audited the only violation of the long and healthy list against Nye County was the forfeiture fund, of which he is sure he has figured out by now.

DeMeo said he wasn't formally contacted by the Attorney General's Office, but welcomes the investigation. He said he heard about the criminal complaint by word of mouth.



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