Vol. 1, No. 21
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Sept. 1, 2004
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CRIMINAL DEFENSE |
COPYWRITING
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Cabby Burned To Death; Alleged Perp Held W/O
Friend Said He Has Threatened Cab Drivers In The Past
by Johnny Gunn
The man alleged to have burned a Las Vegas cab driver to death on August 21 is being held without bail at this time, and the Clark County District Attorney says he is personally taking the case. James Scholl, 33 of Las Vegas bragged to a friend, and the friend did the right thing. He called the cops. But for the ego, Scholl might have gone some time without being discovered as the alleged killer, for the cabby didn't live long enough to give a good description, and there were, apparently no eye witnesses.
The same type robbery in a convenience store, bank, casino, or quickie gas station would have yielded a video of the crime, very possibly a good look at the perpetrator, but in Nevada, there are no cameras in taxicabs or limos.
In 1995 the Nevada Assembly Committee on Transportation looked into the matter, but no action was taken. The state Taxicab Authority isn't particularly interested in pursuing the matter either. A bill called the Taxi Driver Protection Act was brought before the legislature by organized labor, but there simply was no other support for such legislation.
On Friday, Aug. 20, Nellis Cab Company driver Pairoj Chitprasart was drenched in gasoline and set on fire after picking up a fare at a topless joint in Las Vegas. On Tuesday the 24th, Chitprasart died from the burns.
| The alleged attacker has been identified in the past for robbing and threatening cab drivers in southern Nevada; the latest took place on Aug. 12. |
Former Las Vegas City Councilman and newspaper columnist Steve Miller was representing organized labor during the 1995 hearings before the state lawmakers. "If here was ever a reason for organized labor, that reason is now evident," Miller said. Incensed over the crime, Miller now has support from another labor representative, Andrew Barbano in Reno. For more from Miller, go to http://www.stevemiller4lasvegas.com
Barbano remembers another cabby murdered, and what came about because of it. Driver Tom Sumida was murdered for a few bucks from a thrill-seeking couple now in the lock up. The crime led some cab companies to put Global Positioning Satellite (GPS) equipment in the cabs. According to Barbano, writing in the Nevadalabor.com (http://www.nevadalabor.com), "what was installed got there because ownership thought it would make for more efficient, and thus more profitable routing."
Miller says, "Two elected officials have stepped forward to say that cameras should be mandated in cabs, and one cab company owner." He goes on to say, "It's time for cabbies statewide to stage a walkout." Miller feels this might convince owners "and their politician friends" that cabby's lives are worth saving.
Barbano feels Nevada workers have always been at physical risk, primarily because of the bottom line, and says, "Dammit, somebody's gotta care. Let's declare war to save lives for a change."
The Nevada Taxicab Authority is appointed by the governor and does have the authority to mandate video cameras in cabs and limos. Their web site is http://taxi.state.nv.us, and their main offices are at 1785 East Sahara Avenue, Suite 200, in Las Vegas. Both Miller and Barbano are recommending letters and messages be sent in support of cameras in cabs.
The authority director is Sid Wickliffe, and the administrator is Yvette Moore. Officers include chairman Richard Land, Vice Chair Kathryn Werner, and members Horacio Lopez, Dr. Edward Goldman, and Carolyn Sparks.
The alleged attacker has been identified in the past for robbing and threatening cab drivers in southern Nevada; the latest took place on August 12.
One cab company official, Pete Eliades of the Yellow-Checker-Star Transportation Company has come out in favor of cameras. The legislature is expected to again look at the situation, but lobbyists and money will probably be evident, according to Steve Miller. Miller is convinced the cab authority is wined and dined regularly by the companies they are supposed to be regulating.
One skeptic in northern Nevada who wishes to remain anonymous said, "These cab companies lease their cabs to the drivers making the drivers independent contractors. They aren't going to spend a dime they don't have to spend."
Clark County District Attorney has come forward saying he will personally prosecute the case, but as Miller pointed out, only two other public official have come out in favor of cameras in cabs.
New Homeland Security Boss Picked By Governor Guinn
There Is A Separation Between Homeland Commission And Homeland Agency
The giant gap in security that followed the resignation of Jerry Bussell from Nevada's Homeland Security Agency has been filled on the one hand, and on the other, Bussell's parting gesture was to recommend that the agency and the homeland security commission be separated. That has been done.
Nevada's Adjutant General, Giles Vanderhoof was named head of the agency and Dale Carrison, already a member of the commission was named chairman. Carrison is Director of Emergency Medicine at University Medical Center in Las Vegas.
General Vanderhoof will continue as Nevada's Adjutant General, and will not collect a second paycheck from his homeland duties according to a press release from the governor's office. The Homeland Security Agency is connected to the Department of Public Safety, so Vanderhoof will have to work closely with George Togliatti, the agency head. Togliatti was named interim homeland boss when Bussell resigned.
At the time of Bussell's resignation, the three member office staff also resigned, and Togliatti only replaced one of the positions. Vanderhoof has not indicated what kind of staff he is planning, but has said he looks forward to developing a risk assessment, and identify some of the problems within Nevada's infrastructure that might be targets for terrorism.
The governor reduced the size of the homeland security commission from 24 to 16 members. The make up of the revised commission has not been revealed at this time.
Vanderhoof was born in San Francisco six months before Pearl Harbor, and his family, originally from Nevada moved to Sparks shortly afterward. He is a graduate of Sparks High School (1959) and University of New York (1996). Through his military service, he completed training at Air Command and Staff College and Air War College. He enlisted in Nevada Air National Guard on high school graduation and has come up through the ranks, currently holding the distinguished rank of Major General.
He was appointed Adjutant General for the State of Nevada in January 2001.
During a recent blitz of stories coming out of the FBI, Clark County police and sheriff departments, and the national wire services, it was apparent there was a vacuum in the Nevada Homeland Security Agency, to the point where there was no one in the office to answer the phones, and callers were told to contact the highway patrol if there was a terrorist threat.
General Vanderhoof has a background of building and working with a staff, and it's believed this appointment will be for the better as far as safety from a terrorist threat is concerned in the Silver State.
Early Voting Underway Statewide Large Turnout, No Problems
Touch screen System Working Well
Most Voters Having Little Difficulty
Voters in Clark County, turning out by the thousands according to registrar Larry Lomax, already fully understand the touch screen voting system, in use there for several years. In fact, Lomax used the word flawless when describing how early voting was progressing in the south.
Voters in the rest of Nevada are being introduced to the Sequoia Touch Screen voting system for the first time. Along with the touch screen, there is a paper ballot for counting in the event of possible discrepancies or recounts.
In Washoe County, poll workers have told The Observer that "it's busy." Visiting three of the early voting locations, we found lots of activity. Poll workers have not worked with the new Sequoia Voting System before, and there have been several miscues, not from the machines, but from poll workers.
Some voters turning out for early voting were given wrong ballots, that is ballots for democrats were given to republicans, and vice versa. One voter was given a ballot for independents when she should have received one for republican candidates.
Poll workers have changed the way they are handling the influx of early voters, and Washoe County Registrar of Voters Dan Burk says he doesn't anticipate any more problems. From the standpoint of the voters given the wrong cards, casting ballots for candidates they didn't even know, this is a major problem that must be corrected.
Did the registrar not teach his poll workers properly? According to some at the poll with the most problems located in Park Lane Mall, it was a case of two workers who must communicate being separated by too much distance and not being able to double check each other's information.
When a voter comes to the polling place, his signature is verified, his precinct number noted, and his political affiliation. This information then is fed onto a plastic card, similar to a credit card or ATM card. When the voter inserts the card into the voting machine, the ballot for that voter is to appear. That's why it's so important for the poll workers to input the proper information.
"I found it to be a lot easier and faster than I had thought it might be," one anonymous voter told us. "Reading some of the reports that have been written about touch screen voting, I had just a hint of anxiety about coming down here," he said. "This has to be the easiest time I've ever had voting."
As we go to press, there have been no reports of irregularities or problems with the new system of voting, only with the human poll workers. The real test will be during the General Election when the ballot will be much larger than the current Primary ballot.
Early voting will continue through September third, and the Primary Election will be held on Tuesday, September 7. Early voting for the General Election will be held from October 16 through October 29, with the polls open for the General on November 2.
Because of a close presidential race, because of a balance of political parties in the state legislature, because groups pressing for initiative petitions, most voter officials are saying this could be one of the best years ever for voter turn out. Lomax is saying it wouldn't surprise him if there were a 70 percent turn out.
The latest Contributions and Expenses (C&E) reports were due on August 31. Now is a good time to check out your favorite candidate's honesty on reporting the amounts of money received, and from whom they were contributed. The Secretary of State's web site should have many of the reports, and county registrars and clerks will also have others. Don't let anyone tell you they can't be seen. These are public documents and are available for viewing by you.
The next reports will be due on October 26, just prior to the General Election.
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An Interesting Twist In A Supreme Court Race
When a District Court Judge recommends monetary sanctions against a lawyer he probably doesn't expect to have to meet that lawyer in a primary election battle for a seat on Nevada's high court. But that's exactly what has happened in the race to fill the seat emptied by the retirement of Justice Miriam Shearing.
Washoe County District Court Judge James Hardesty referred a matter of what he called misconduct by an attorney to the state bar for disciplinary investigation. He was also contemplating monetary sanctions on attorney Kevin Mirch. And in the meantime, Hardesty filed for the Supreme Court seat.
Just weeks later, Mirch filed for the same seat. Hardesty, never one too far from controversy himself, recused himself from all further dealings with the case, and the proceedings were turned over to District Judge Peter Breen.
In the meantime, a federal district judge has now decided to impose monetary sanctions on Mirch. Senior U.S. District Judge Edward Reed accused Mirch of "reckless behavior" that caused harm to another law firm and its clients.
There are others in the race to fill Shearing's seat, including Clark County Family Court Judge Cynthia Steel, and Clark County Probate Commissioner Don Ashworth.
As we go to press, Mirch has appealed Hardesty's original order, and Breen has not had a chance to impose his monetary sanctions. The state bar has not discussed any investigation of Mirch at this time.
In his original order, Hardesty claimed a suit by Mirch was "legally frivolous," and was solely "for the purpose of harassing defendants and creating additional chaos." Hardesty said Mirch had violated the Nevada Rules of Civil Procedure
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High Court Opts Out In Doctor/Lawyer Dispute
The Nevada Supreme Court, saying two years is too much, has declined to hear a suit against the initiative petition referred to as Keep Our Doctors in Nevada. The original petition was accepted by the Secretary of State in 2002 and the legislature failed to act on it in 2003. The lack of action by the legislature puts the initiative on the General Election ballot this November.
The high court indicated it did not understand why the suit to stop the petition from appearing on the ballot wasn't filed more than a year ago.
The initiative is to place caps on malpractice claims. Some have said that without the caps, doctors simply can't afford the malpractice insurance and will not move to Nevada to practice. Currently there is a $350,000 cap on what is called non-economic damages, but with some exceptions. The initiative is to remove those exceptions.
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Axe The Tax Suit Before Carson City District Court
As we go to press, the Nevada Taxpayers Association's suit to stop the Axe The Tax initiative petition is before Carson City's First Judicial District Court. According to association president, Fred Gibson, "the petition does not procedurally qualify to appear on the ballot."
The suit was filed by Reno attorney Thomas "Spike" Wilson. The taxpayers group is joined in the suit by the Greater Reno-Sparks Chamber of Commerce and The Nevada Motor Transport Association.
At the same time, Secretary of State Dean Heller has said the verification count for the initiative petition fell far short of the required 51,337 valid signatures needed. Following a full signature by signature count by county clerks, the petition came in with 46,789 valid signatures.
According to officials in the taxpayers group, they plan to continue their court efforts despite the ruling by the Secretary of State. "The constitutional issues raised in the brief still need to be addressed by the court," the association said in a prepared statement. For more on the Nevada Taxpayers Association, go to http://www.nevadataxpayers.org.
Economic News Continues On The Bright Side
State's Coffers Not Quite At Overflow, But Close
The fiscal year ended on June 30, and as figures continue to come in, it appears Nevada's economic picture is rosy. The economy was expected to generate about $2.112 billion, but figures discussed with legislators on August 24 indicate tax revenues were closer to $2.53 billion. That would be an increase of $141.5 million.
The massive tax increase of $833 million decreed by the last legislature was exceeded in most categories leading to the increase in revenue. Sales tax for the fiscal year exceeded what had been projected by almost $47 million while gaming was well over $40 million above projections.
The State Department of Taxation said the new liquor tax brought in $33 million, $1.5 million above projections while the new cigarette tax failed to meet expectations. Tobacco taxes generated $106.7 million, and $107 million had been projected.
Housing sales in Nevada have skyrocketed, not just in the numbers of homes built and sold, but in the amount of money they are selling for. Real property transfer tax had been projected to return $51.4 million, but because of the surging prices and numbers, some $88 million was generated.
Economic projections used to create the Nevada budget come from a group of five business leaders known as the Economic Forum. That group's projections, by law, are binding on the legislature and the governor.
Because of the strong economy and the increase in taxes, many in the legislature are calling for some of the surplus to be put back in the state's so-called rainy day fund. Prior to the economic stresses over a period of a few years, the fund of $136 million had been depleted by $135 million. Senate Majority leader Bill Raggio, R-Reno, would like to see at least $50 million of the surplus returned to the emergency fund.
Other legislators are calling for either a rebate to Nevadans of part of the surplus, while others are calling for repeal of some of the tax increase from the 2003 legislative session.
According to some figures bandied about in Carson City following release of the news, it appears the $833 million tax increase will actually amount to something like $1.2 billion.
In the meantime, the Nevada Taxpayers Association has filed suit to stop the Axe The Tax petition from appearing on the General Election ballot in November. The first hearing on the suit is being held as this edition of the Nevada Observer goes to press.
The suit was filed by association attorney Thomas "Spike" Wilson of Reno. It calls on Secretary of State Dean Heller and the group Nevadans for Sound Government as defendants. The case is being heard in First Judicial District Court in Carson City.
Secretary of State Dean Heller announced the petition drive failed to garner enough valid signatures, and it will not appear on the November ballot.
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Taxable Sales Continue Climb
Largest Jump In Eight Years
The fiscal year came to a joyful conclusion at the Nevada Taxation Department when June's figures were tabulated, showing the state with an increase in taxable sales for the year increasing 12.8 percent. That computes to total sales for the year of $38.24 billion. For the month of June, the figures showed an increase of 15 percent.
Taxable sales this June were just shy of $3.6 billion. The last time taxable sales climbed by 15 percent or more was in February of 1996.
In Clark County, sales were up 16.4 percent, and in Washoe County, sales jumped by 11.1 percent. The rosy figures didn't come to all Nevada's counties. Eureka County showed a decrease in taxable sales by 19.2 percent, and Carson City was off 2.4 percent,
According to figures released by the taxation department, automobile sales and vehicle fuels increased significantly, and the tourist driven sales in bars and restaurants increased by more than eight percent.
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Statewide Unemployment Figures Climb Slightly, Dip In Washoe
Unemployment figures for June indicate a slight increase statewide, to 4.4 percent, still below the national average, while unemployment in Reno and Sparks has held steady at a very low 3.8 percent. The June figures relate to the end of the school year when traditionally many new workers look for jobs. There were some 26,000 new jobs in June. Manufacturing, mining, and gaming led the way.
The Buzz Around the Silver State
From our Correspondents
The Capital (The Silver One)
PUC Update
(Carson City) --- Here is the current schedule of events from the Public Utilities Commission.
SEPT. 1, 10 a.m.: Carson City Hearing Room A
Prehearing Docket 04-7010 (Linvill)
http://www.puc.state.nv.us/Renewable/dkt_04-7010/04-7010.htm
Joint application of Nevada Power Co. and Sierra Pacific Power Co. for approval of proposed transfer price methodology for related renewable purchased power agreements.
SEPT. 6: PUC closed for Labor Day holiday
SEPT. 13 – 16: Hearing / Sierra Pacific (Westpac) Purchased Gas Adjustment Case
SEPT. 15: Regular Agenda
OCT 11 – 14: Hearing / Southwest Gas Purchased Gas Adjustment Case
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Esmeralda County
Goldfield Days Celebration
(Ed. Note: Thanks to Tonopah Tom for this report)
(Goldfield) --- A few stray showers couldn’t put a damper on the town spirit for this year’s Goldfield Days Celebration. Venders and visitors from all over the nation converged on Goldfield over the weekend of August 20-22. The town hosted the annual parade with entries ranging from vintage autos, to gunfighters, to snake oil salesmen.
The parade proceeded down a blocked off Highway 95 through the downtown area passing in front of the historic Esmeralda County Courthouse. John Tyson was the Grand Marshal for the parade with Goldfield local Slim Sirnes named the Honorary Grand Marshal. Judges for this year’s parade included County Clerk LaCinda Elgan, Deputy Clerk Kelly Elgan, and Justice of the Peace Juanita Colvin.
A miner’s liar's contest was held Saturday afternoon with several participants. Rain did put a halt to Friday night’s street dance and also caused Saturday’s dance to be cut short, but the weather during the day was cool and pleasant.
Another facet of Goldfield Days is the annual land auction of property returned to the County for failure to pay taxes. This year’s land sale raised over $60,000 for Esmeralda County with an additional $8400 from the auction of used county vehicles and office equipment.
There were several antique dealers present along with venders selling commemorative belt buckles, various food delights, and mining equipment. Tours were given of the historical sights in town with commentary by local “experts”.
Goldfield Days is an annual event held each August on the third weekend of the month. It commemorates the mining heritage of the once thriving boomtown by reliving part of the past. The land auction for 2005 is forecast to include much more property than this year, so make your plans early to strike out for Goldfield!
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White Pine County
Copper Recovery To Begin In November
(Ely) --- The word from Quadra Mines is their mill is scheduled to be on-line come November, with copper the primary ore.
For the past several months, ore has been stockpiled in anticipation of the mill's start up. The copper will be recovered after the ore is crushed, using a floatation method. Although a considerable amount of water will be needed at start up, it's anticipated that the greatest portion will be recovered and be used again and again.
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Clark County
Billy Walters Looks To Give Up Wildhorse Golf Club In Henderson
(Henderson) --- Henderson wants a new golf course and Billy Walters wants developable land. Wildhorse Golf Club which Walters and American Nevada Company bought last year would go to the city under a deal being discussed, while city owned land would then go to the developers. The golf course has been closed since shortly after Walters purchased it.
American Nevada Company is owned by the Greenspun family, publishers of the Las Vegas Sun.
Henderson officials are hoping they would be able to offer golfers a chance to play for what they call municipal rates, $30 to $50 per round.
The city council has to vote to accept the deal.
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Elko County
It May Yet Become Wendover, Nevada
(West Wendover) --- As we go to press, the move to blend Wendover, Utah and West Wendover, Nevada into one community in Nevada is moving forward, despite a long and involved road to get there. Residents of the two communities, separated by an invisible state line want it, and the Nevada legislature appears to be in favor, as do lawmakers in Utah.
The next stop on the dusty and rock strewn road will be Washington, D.C. On the Nevada side of the state line are glitzy casinos and an aura of economic prosperity, while on the Utah side, one Tooele County representative called it a blight.
Some casino operators are not in favor of the plan, fearing that another 10,000 acres might become targets for more casino development. The Utah community is more than just economically depressed, it's in serious debt, and that would be picked up by whatever community the two would become.
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Washoe County
Fast Moving Fire Does Millions In Damage
(Reno) --- They called it the Andrew Fire --- it started near Andrew Lane --- from a spark from a bullet shot in target practice, and when it was all over, 3,000 acres were blackened, eight homes were destroyed, and eight more were damaged. Luckily, there was no loss of life.
The fire started while winds of more than 40 miles per hour whipped through the Pleasant Valley area south of Reno. Washoe County Commissioners have declared a state of emergency because of the conflagration, and that could help homeowners and others who lost property.
The man doing the shooting tried to put out the fire, but the wind driven flames drove him away. The regional fire inspectors say they are not planning to bring any charges, but remind us he may be held for civil suits and expenses.
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Ballardini Ranch Suit Filed By Washoe County Commission
(Reno) --- Negotiations between the Washoe County Commission and the owners of the Ballardini Ranch have broken down to the point the political body has filed condemnation proceedings in order to acquire the property, and the owners have filed a suit against the county as well. The 1,019-acre ranch sits at the base of the Sierra Nevada Mountains and has been discussed as a regional park for years.
District court now will be faced with putting a price tag on the property. Washoe County's Assistant District Attorney Madelyn Shipman said, "One of the purposes of filing a condemnation complaint is to establish a valuation date for the property."
There has been broad-based support for the county to take possession of the land for a park and wildland setting near a large population base. The property was recently appraised at $19 million.