Las Vegas Attorney Stephen Stubbs Found Not Guilty in 5th Amendment Right to Counsel Case (Update)

Stephen Stubbs with Bikers for Christ
Stephen Stubbs with members of “Bikers for Christ.”

Stephen Stubbs, a Las Vegas area attorney, was acquitted  on Tuesday of obstruction charges stemming from his refusal to leave the side of a client, who had requested him as counsel while he was being questioned by members of the Las Vegas Metropolitan Police Department. This client is a member of a ministry group called “Bikers for Christ.” In spite of the “for Christ” part of that name, the group was targeted for questioning by the LVMPD, because of Metro’s long-standing policy of intentional harassment toward motorcycle clubs.

Stephen, who has been featured several times in the past on CopBlock.org, including shortly after this incident (see below for that original post), was arrested after being ordered to leave and allow his client to be questioned without counsel by a member of the LVMPD’s Gang Unit. His refusal to do so, even though the Metro sergeant originally in charge before the G-Unit arrived had already confirmed he could attend any questioning in accordance with the Fifth Amendment right to counsel, resulted in Sgt. Yesemia Yatomi ordering him to be arrested.

The ease with which this verdict was rendered (without Stephen’s own attorneys even being required to present a defense) only underscores how illegal and unconstitutional that arrest was. The fact that the District Attorney’s office even brought it to trial, shows just how vindictive and retaliatory the police and prosecutors in Las Vegas can be when somebody has a history of standing up to them and how wasteful those bad priorities ultimately are.

Below is Stephen Stubbs’ statement announcing the verdict in the case via a Facebook post:

Fifth Amendment Right to Counsel Upheld

Stephen Stubbs with his attorneys, John Spilotro and Lisa Szyc.
Stephen Stubbs with his attorneys, John Spilotro and Lisa Szyc.

On March 25, 2015, Attorney Stephen Stubbs was found “not guilty” of Obstruction. Stephen Stubbs was arrested on November 14, 2013, after his client (a Christian Minister who is a Biker for Christ) was being detained my LVMPD and insisted on a lawyer during questioning. During the course of the investigation, Officer Yesemia Yatomi interjected herself into the investigation, ordered Stubbs to leave his client’s side and thus deprived Stubbs’s client of his Constitutional rights. Stubbs refused to leave his client’s side, was arrested by Sergeant Yatomi, and was thrown into jail. 

At trial, Attorneys John Spilotro and Lisa Szyc concentrated on every citizen’s Constitutional 5th Amendment right to counsel. The Honorable Judge Eric Goodman agreed and declared Attorney Stephen Stubbs not guilty without requiring the defense to present its case or even call one witness.

 

The criminal charges were initiated based upon the sworn declaration of Officer Yatomi. However, Officer Yatomi did not know that the entire matter was recorded on video, which belied her under oath statements. Officer Yatomi insisted in her testimony, that although Stephen Stubbs’s client had the right to an attorney during questioning, the attorney should not be allowed to stand next to his client. Interestingly, Officer Yatomi was a defendant in a civil rights lawsuit filed by Stephen Stubbs in 2012.

See Below for video of the incident and an excerpt from the original post on CopBlock.org, regarding Stephen Stubbs’ arrest.

Attorney Stephen Stubbs Arrested for Refusing to Leave His Client’s Side

Stephen-Stubbs-CopBlockIn Las Vegas, the LVMPD regularly detains motorcyclists for minor traffic violations, and then keeps them for an extended period of time for “intelligence gathering.” On 11/14/2013, about a hundred motorcyclists were gathered in Las Vegas for a Southern Nevada Confederation of Clubs meeting. At this meeting, Attorney Stephen Stubbs was going to make a presentation on Constitutional Rights. However, Attorney Stubbs was pulled out of the building by other motorcyclists to help a member of the Bikers for Christ Motorcycle Ministry that was being detained by LVMPD.

Attorney Stubbs came out of the building; the detained member of Bikers for Christ immediately pointed at Stubbs and said, “That’s my lawyer.” Attorney Stubbs approached two LVMPD officers and one LVMPD Sergeant. Attorney Stubbs asked the LVMPD Sergeant if the man was being detained and the Sergeant said, “Yes, for a traffic violation,” then explained that they wanted to “question” him.

At that time, the video started.

Read the full post here…

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Clicking banner takes you to CopBlock.org/Resources. Where you’ll find a vast variety of CopBlocking tips, tactics, fellow CopBlock Groups and more.

Kelly is a lifelong resident of Las Vegas, who’s been very active in local grassroots activism, as well as on a national level during his extensive travels. He’s also the founder/main contributor of Nevada Cop Block, served as editor/contributor at CopBlock.org and designed the Official Cop Block Press Passes.
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23 Comments

  1. Seems I was correct….again.

    1. None of that has any bearing on the right to legal council during questioning. The cops here broke the law. They maliciously charged this guy for what they knew was the suspect’s right. Then the DA still tried to push charges, knowing full well that they were in the wrong.

      You can’t refuse a person council during questioning. Period.

      1. It’s what they do, Shawn! They blame the other guy. They look up past issues and “this guy peed on the lawn when he was 2 so police had to ticket him” Change the issue when you can’t defend it! BTW, the news report listed……I’m very sure that the police have NEVER gone out of their way to FIND something else to charge someone with???? I would love to look up the DUI guy in the story and see if maybe his charge was dismissed or greatly reduced for his co-operation??????????

      2. Shawn:
        Where do get that they “broke the law”?

        Again…let’s walk through the it slowly:
        RS – 1.5 out of 10
        PC – 2.5 out of 10
        BRD – 8 out of 10

        Now….what level,is needed to charge?
        And….what level,is needed to convict?

        Of….and it’s not the officer job to “prosecute” someone. Just FYI.

        1. They broke the law, 18 USC 242, a felony, by denying the biker his right to be represented by counsel.

        2. They kidnapped him to prosecute their religious crusade. The government is an insane cult.

        3. Title 18, Section 241 of the US Code makes it a felony — as any crime punishable by ten years in prison is thout doubt — for two or more people within the borders of the United States to conspire to deprive someone of any constitutional, civil or statutory right under color of law.

          Since the right being violated by the police and prosecutor is guaranteed by the fifth amendment and two or more people were involved, all of them government officials using their official authority to violate rights, all of them have committed a crime punishable by ten years in federal prison.

          Every officer who participated in the arrest, every officer who knew the particulars of the arrest yet processed the booking anyway, every officer in the jail who knew the particulars of the arrest yet just followed orders, the prosecutor who knew how baseless the arrest was yet filed charges anyway, ALL of them are guilty of a felony. That’s how conspiracy laws work.

          But isn’t it funny how those in charge of enforcing the law never seem to be held accountable when they break it?

          1. Gotta L O V E you doofs and your quoting of USC. It’s great fun.

            So…..maybe you’d take the question I posed to Shawn.

            Again…..PC: 2.5 out of 10
            And ….BRD: 8 out of 10.

  2. Las Vegans, your hard earned tax money at work. Aren’t you glad you are forced to pay for such “valuable” “services” as paying to persecute a lawyer for counseling his client.

  3. Another stupid cunt cop who embarrasses her peers and policemen across the country. Heres a tip, when your job involves the law, learn the laws. Did you not learn about the constitution in grade school? YESEMIA YATOMI, piece of shit pig.

    1. She doesn’t care that it’s illegal and her peers are unembarrassed. They do the same thing all the time, charging people with crimes they not only have not committed and which the officer has no expectation of ever having their victim convicted of. It is enough for them to put their victim in chains and haul them away to be degraded and imprisoned. “You may beat the rap but you can’t beat the ride”

      Any officer who does this is guilty of a federal crime: “Deprivation of rights under color of law”. They should be arrested and tried for that violation but they wont.









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