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Sep. 29, 2006

LAWSUIT

DeMeo rejects Smith's Taser incident story

DEMEO SAYS ROBERT SMITH HAD THREATENED LITIGATION BEFORE
By CHRISTINA EICHELKRAUT
PVT



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Robert Smith, who Monday announced a lawsuit against the Nye County Sheriff's Office, is still facing criminal charges for obstruction and improper use of 911.

Smith, who alleges that he was shot with a Taser four times and that officers agreed to cover up the incident so that they would not receive disciplinary action, is pursuing legal action against both the individual officers at the scene as well as the Sheriff's Office. His complaint alleges that the electricity from the Tasers caused Smith such injury that Smith "may have died due to the irregular heart beast caused by the electricity."

Nye County Sheriff Tony DeMeo maintains that this allegation is false, and that, in fact, Smith was released from the paramedics' custody at the scene and taken to a hospital in Las Vegas by the NCSO because "he was believed to be a danger to himself and others." DeMeo said Smith was alert and oriented throughout the entire Feb. 14 episode.

DeMeo also said Smith's demeanor on the occasion, as well as on previous occasions, had been "very confrontational" and said he did not comply with the deputies' orders. Furthermore, according to DeMeo, "He has stated to me on numerous occasions that he would shoot any deputy that came on his property."

The sheriff said that Smith's "complaint is based on hearsay" and the allegations of police conspiracy are "very farfetched" and that "the Sheriff's department does not tolerate the use of excessive force."

DeMeo maintained that many of the allegations in the complaint were simply untrue.

The complaint alleges that Deputies Joe Casey and John Bergstrom, who arrived on the scene initially, were not certified in the use of a Taser. "If officers are issued a Taser, they are certified to use it," said DeMeo.

DeMeo also pointed out that his officers, while being trained in the use of the Taser, which fires an electronic dart into the target, are subjected to a Taser shot themselves so they have a vivid idea of its effects.

DeMeo also said that his deputies had reason to believed they were responding to a domestic violence call.

He said that during Smith's 911 call, the dispatcher heard his wife, Jeanette Smith, saying things such as "Get out" and "Leave me alone," thus giving the dispatcher reasonable cause to believe that there was a domestic situation occurring.

The sheriff also said that Smith, while on the phone with the dispatcher, had said he was going to sue the Sheriffs Office, and that Smith had made similar threats of pursuing legal action against the department on occasions prior to the incident.

"The lawsuit was expected," said DeMeo.

The sheriff also said accusations that Smith was treated with excessive force because he had previously criticized the NCSO publicly were also false.

"Everybody at some point has criticized us," said DeMeo. "The most important thing for us is to protect Nye County." He said that the NCSO deputies are all aware of and respect residents' First Amendment rights, and do not treat anyone differently based on criticism of the NCSO.

The incident is currently being reviewed by both the Sheriff's Office's Internal Affairs Department and the Justice Department. As both investigations continue, DeMeo was unable to comment on them at this time. The NCSO is, however, offering full cooperation to both the Justice Department and Internal Affairs, he said.










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