Criminal charges may be filed as a result of the Mongols Motorcycle Club’s national run in Boulder City, Nevada last June. The criminals were the police.
Stephen “Bowtie” Stubbs, a hungry Vegas attorney with sharp teeth, filed a complaint yesterday on behalf of the Mongols with Clark County District Attorney Steve Wolfson. In that complaint Stubbs accuses Boulder City Police Chief Thomas Finn of the crimes of “destroying evidence,” “preventing or dissuading person from testifying or producing evidence” and “bribing or intimidating witness to influence testimony.” The allegations all stem from actions Boulder City officials took to try to make the national run as unpleasant as possible for club members. Wolfson is unlikely to charge Finn but the spectacle is fun to watch anyway.
Stubbs (photo above) is the lawyer who is suing the Las Vegas Metropolitan Police Department, the North Las Vegas Police Department and numerous individual cops in federal court on behalf of the Southern Nevada Confederation of Clubs.
The “crimes against justice” allegations are all included in Section 199 of the Nevada Revised Statutes. All three are gross misdemeanors punishable by up to 12 months in jail.
An email dated June 11, 2012 with the subject line “Mongols-related emails,” reads in total:
Good afternoon everyone,
Lieutenant Albowicz made an excellent suggestion to have all emails related to the preparations we are making for the Mongols event deleted from our computers. If they submit a records request for them it would obviously show our hand and divulge the strategies and staffing levels we need to keep confidential. Therefore please delete any and all emails related to the event immediately.
Boulder City Core Values:
Integrity, Fiscal Responsibility, Professional Excellence, Caring Attitude, Accessible and Responsive
The email was sent to 31 Boulder City employees including the city manager.
In a letter to Wolfson, Stubbs wrote: “I believe that Chief Finn’s email is strong evidence that Chief Finn violated NRS 199.220, 199.230, and 199.240. This email is also evidence that the other people that were sent this email may have violated NRS 199.220 (depending, of course, on whether they deleted the emails as ordered by Chief Finn). Additionally, I have significant evidence to establish motive in a case against Chief Finn. I would be glad to share this evidence in a face-to-face interview with an investigator.
“Because this is a report of criminal behavior by Chief Finn and possibly City Manager Vicki Mayes, I cannot make a report to the Boulder City Police Department. I believe your office is the proper place to file this report and investigate the matter. If I am incorrect on where to initiate this report, please direct me to the correct place.”
Stubbs thinks the documents Finn tells city employees to destroy are evidence of police profiling that could be used in the Confederation of Clubs lawsuit. Stubbs told Paul Takahashi of the Las Vegas Sun, “Those records belong to the public. This is a police chief who willfully is destroying evidence and is telling his department to destroy evidence.”
In another email Chief Finn asked City Attorney Dave Olsen and Judge Victor Miller to implement a “zero tolerance” policy against Mongols accused of violating local ordinances and traffic violations. “As part of our zero tolerance approach,” the chief lawmen in Boulder City wrote, “all the law enforcement agencies have asked if our court and prosecutor would consider ‘no deals’ when the misdemeanors are adjudicated. Doing so would make it clear to the ‘Mongol Miscreants’ that Boulder City does not tolerate bad behavior.”
The Federal civil rights suit filed by the Southern Nevada COC lists multiple instances of zero tolerance for lawful behavior by members of the Mongols, Vagos, Stray Cats and Bandidos Motorcycle Clubs. That suit argues that “Plaintiffs were willfully, maliciously, and intentionally prevented from associating and/or assembling without justification or compelling state interest as a result of their status as a motorcycle club or motorcycle club member.”
The COC seeks “damages in a sum in excess of $75,000; punitive and exemplary damages in a sum in excess of $75,000; a reasonable sum as attorneys’ fees, costs of suit and interest; and such other and further relief as the Court deems just and proper.”