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March 31, 2006
COMMUNITY VIEWPOINT Time to air dirty laundry in publicBy Capt. Bill Becht
I have been with the Nye County Sheriff's Office for 16 years and until this situation arose, wouldn't have believed it could. Followers of the local media may recall a recent press release from the sheriff's office warning citizens and local businesses of the numerous allegations against Robert Earl Davies Jr. for writing bad checks. This was done specifically as a public service to help protect the citizens of Nye County. Mr. Davies has been arrested several times for these charges and has been released on his own recognizance each time he appeared before the justice of the peace. During the course of these court appearances, an order was apparently issued by the presiding judge that Mr. Davies was not to be arrested by sheriff's office personnel for any similar offenses that were reported. I say apparently because upon reviewing the transcripts of his court proceedings for Feb 24, 27 and 28, I can find no such order and after making several requests to the court for this, no order was ever produced and the only guidance provided by the court staff was to obtain a copy of the above-mentioned transcripts. Rumors started and rumors died (the way they typically do) that Sheriff DeMeo and I would be called to the judge's chambers for a scolding. We were never summoned and I assumed that whatever disagreement between our offices had faded into an unpleasant memory. I was therefore completely shocked by the recent appearance in the sheriff's office by the court's bailiff serving Sheriff DeMeo a show cause order regarding the Davies case. Although the show cause order is supposedly for "failure to appear, for failure to obey a court order," Sheriff DeMeo has assured me that he has never previously been subpoenaed in this case. Having served the court previously as a bailiff, he understands the powers of the court and the seriousness of attending court, when summoned, to ensure its proper functioning. To date he has been unable to clarify the exact reason for the show cause hearing and is left to assume that it is in regard to the order not to arrest Davies. Both the United States Constitution and the Nevada Constitution clearly separate the powers and authority of the judicial and executive branches of the government. The Nevada Revised Statutes authorize peace officers to make arrests in incidents where a felony has been committed and probable cause exists to believe that the person committed the crime. Allegations in the Davies case clearly show that the number and value of the checks give rise to felony charges. Sheriff DeMeo's instructions to his staff have always been simple: protect the citizens and serve them to the best of their ability. As the elected representative of the executive branch, Sheriff DeMeo has no authority over the judiciary, and in this instance, the judicial branch has no authority to control Sheriff DeMeo's office. Sheriff DeMeo and his deputies have sworn to protect the citizens of and visitors to Nye County. I know that many of the crimes alleged to have been committed by Davies are against local businesses and citizens who cannot afford the loss. Many other citizens are affected as they are employed by these same businesses; as such the impact of his alleged actions are further reaching than when first examined. Although I have never been a proponent of a person's guilt or innocence being weighted in the court of public opinion, I ask each of you who can to please attend this show cause hearing on April 21 at 9 a.m. to show support for Sheriff DeMeo in this matter. Becht runs the Southern Area Command for the Nye County Sheriff's Office. He writes from Pahrump. |
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