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May 31, 2006

Probe concludes no loss of civil rights by Nye deputies

By PHILLIP GOMEZ
PVT


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Sheriff's candidate Jeanette Smith is the wife of Robert Smith, who got into an altercation with Nye County sheriff's deputies in February when he called 911 after his wife slipped in the shower.

Preliminary findings from the internal-affairs investigation of the case indicate there was no violation of Smith's civil rights, Sheriff Tony DeMeo said.

Both sides agree that when Smith called for help for his wife, he became frustrated with the dispatcher and was agitated.

From the commotion that could be heard, said DeMeo, the dispatcher believed a domestic violence was occurring, so when deputies approached Smith in his front yard, they treated the situation as such.

According to Smith, he became frustrated with the dispatcher, "threw the phone down and went to my neighbor's house for help."

When six deputies arrived - DeMeo said two were sent - Smith said they "got out with guns drawn and yelled at me to put my hands behind my head."

He told them he had committed no crime and wanted the law officers to leave. "I turned around to walk in my home to take care of my wife, and that is when they Tazered me five separate times," he said.

Smith continued, "I almost died several times that night and I have medical reports to prove this. This kind of police brutality is very common in Pahrump and is always condoned and covered up by Sheriff DeMeo."

DeMeo was having none of it.

"The allegations he's making are extraordinary in nature," DeMeo said in an interview.

Jeanette Smith's campaign is based, at least in part, on her and her husband's experience with the sheriff's office.

"It's time for the voters to elect a new sheriff who will bring respect and dignity to the office of Nye County sheriff because Sheriff DeMeo has not only disgraced himself, but also the elected office he now holds," said Smith in the statement.

When officers arrived at the home, Smith ignored them and walked back toward his house, DeMeo said.

In the officers' minds, given the possible domestic violence situation, a hostage situation could have developed.

Smith kept pointing to a "no trespassing" sign he had posted in his yard, DeMeo said. But the sign is irrelevant in a case in which life may be at stake.

Similarly, Tazer stun guns were employed against Smith, the sheriff said, for the self-protection of the officers.

From earlier contact with a sergeant with the sheriff's office, DeMeo said the responding officers had instructions to transport him to Las Vegas "for his own good," he said, "to undergo psychiatric evaluation."

He was so transported, along with his wife, and then released. DeMeo said he did not "believe (Smith) was dying or under stress. He was quickly released after his evaluation."

DeMeo said he has not been contacted by the U.S. Justice Department, the FBI's parent federal department, nor has his office been asked to provide records of the case.










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