Tag Archives: obstructing a public officer

Man Legally Filming in Public Harassed, Illegally Detained, and Arrested (Multiple Times) by Las Vegas Police

Filming in Public Las Vegas Metro Harassment

Video shows a man, who is legally filming in a public space, being repeatedly harassed, illegally detained, and unlawfully arrested multiple times by police officers from the LVMPD.

If you have videos, stories, upcoming events/protests, or personal interactions with the police (and/or “justice” system) that you would like to share, send them to us and we will do everything we can to bring it to the attention of the world. In addition, you can visit the Nevada Cop Block resources section for information and links to the rights of citizens when dealing with police, during which you should always be filming.

The video embedded below, which was posted to YouTube by Las Vegas attorney Stephen Stubbs, pretty much speaks for itself. (Especially with the text that has been added to it.) Within the video, consisting of a series of different encounters over a course of several days in late October (2017), a Las Vegas man is out filming public areas at or near various police substations. Each time, he is stopped by members of the Las Vegas Metropolitan Police Department, illegally detained, harassed, and on at least two occasions unlawfully arrested.

In spite of what the police say in the video, the Nevada “Duty to Identify” statute (NRS 171.123) only requires a person that has been legally detained to give their first and last names. They are not required to give any other information, such as an address or birth date. Not to mention the fact that the man in the video was never actually legally detained in the first place.

Police parking lots are public property and are open to the general public. The “no trespassing” signs that are referenced in the video only apply to a restricted area behind the building that is gated off. Filming areas that are visible from public spaces is absolutely legal and has been ruled to be a First Amendment protected activity by several courts, including the U.S. Supreme Court.

Watching the video, it’s incredibly obvious that the stated “Reasonable Suspicion” the officers are using to justify their detention of the man are nothing but very flimsy excuses to harass him. As already stated, he isn’t trespassing and filming in public is legal so there was no legal cause to stop him for being in the parking lot. Also, even if “aggressively approaching” their car is even an actual cause to detain someone, that clearly didn’t happen on the video.

Regardless of the fact that he wasn’t legally detained during any of those instances, the man on the video still complies under duress and tells them his name. Therefore, they absolutely have no reason to subsequently arrest him for not telling them his birth date (which he actually does tell them before the final arrest) or any other information beyond his legal name.

The reality, widely known among Las Vegas residents, that this video illustrates is that the LVMPD are just a bunch of bullies who will not hesitate to harass and retaliate against anyone that doesn’t follow their orders, even when those orders are flagrantly unlawful. And contrary to their statements on the video, they quite obviously have not learned much of anything from their past behavior.

Also, while it should be surprising that supervising officers ranking as high as lieutenant are not just involved in the harassment and illegal actions depicted in this video, but actually initiating it, it isn’t for anyone that knows how Las Vegas area police operate. Metro is corrupt and out of control from top to bottom.

And as is commonly the case whenever the LVMPD are in the process of harassing and/or arresting someone on some minor (or non-existent) crime, the dozen or so cops that show up at the end are a great display of how desperately short-handed the Las Vegas Metropolitan Police Department is these days.

Related Content on NVCopBlock.org:

Leave a comment

Update: Las Vegas Police Officer Previously Caught Committing Perjury Promoted (Again) to Captain

LVMPD Capt. Yesenia Yatomi Promotion After Perjury

Capt. Yasenia Yatomi, who ordered the illegal arrest of Las Vegas attorney Stephen Stubbs in order to question a suspect without his attorney present and then lied about it under oath.

Normally, once you know the actual background of the subject of Las Vegas ABC affiliate KTNV.com‘s “feel good story” about a female LVMPD officer receiving a promotion, its opening line would be rather ironic:

The Las Vegas Metropolitan Police Department’s newest captain is beating the odds…”

Of course, in this situation we’re talking about a cop and more specifically a Las Vegas cop. So any sort of amazement or disbelief in relation to their horrible and even outright illegal behavior on the job and lack of any sort of meaningful consequences should always be immediately and completely suspended.

The true fact of the matter is that if newly promoted Captain Yatomi was employed in any other sort of career field just the fact that she wasn’t fired after she was caught in court committing perjury in order to justify ordering the illegal arrest of a lawyer would have huge odds against it.

In fact, it could be argued that, even among the police in most cities outside of the Las Vegas area, being exposed (once again in court) as having falsified an official police report would also carry pretty good odds of landing a police officer in jail.

What’s not mentioned at all within that article is that Capt. Yatomi has a rather large and infamous history of misconduct over the past several years. As can be seen in the video embedded below, in 2013 then Sgt. Yatomi, as part of the LVMPD Gang Task Force, arrived at a traffic stop in which members of a motorcycle club, the “Bikers for Christ,” were being questioned by a group of Metro patrol officers.

In spite of the fact that one of the detained bikers had asked Stephen Stubbs, a local attorney who was present at the time, to represent him during that questioning, Yatomi immediately ordered him to leave. Stubbs refused to do so, explaining that the man had a Fifth Amendment right to counsel. Instead of honoring that request, Yatomi ordered the arrest of Stubbs for “obstruction.”

Stephen Stubbs Arrest Video

That, in and of itself, would be a violation of the Constitution and, based on that, an illegal arrest of an attorney who had every legal right to represent their client during questioning. At the very least, it should have brought into question Yatomi’s knowledge of the law and her (rather important) job requirement to actually be aware of and uphold the Constitutional rights of citizens. The fact she was in a supervisory position as a sergeant only compounds those factors.

However, rather than dismissing the charges and admitting to being in the wrong, Yatomi subsequently created a second police report with a falsified description of the arrest, alleging that Stubbs had actively interfered with the officers’ investigation. Fortunately for Stubbs, a bystander had filmed the entire incident. Otherwise, he likely would have been sentenced to jail and possibly even disbarred as a result of Yatomi’s false report.

Instead, once the video was shown in court, Stubbs was declared innocent by Judge Eric Goodman. That video evidence was convincing enough that Stubbs was not even required to present a defense. It gets even worse, though. Not only did Yatomi lie in the police report she presented to prosecutors, she also withheld the original police report in order to cover for her illegal actions. Since a police report constitutes a sworn statement, both the falsification of the second report and the withholding of the first are criminal acts.

Regardless of this blatant and obvious string of crimes Yatomi had committed, she suffered exactly zero repercussions for her intentional illegal actions. Judge Goodman refused to hold her in contempt for having committed perjury and evidence tampering within his courtroom, ruling that it was up to the LVMPD to file charges against her. And you know that didn’t happen, because Metro is known as the most corrupt police department in the country for a reason.

In fact, the Las Vegas Metropolitan Police Department has not only reached new lows in failing to hold Yatomi accountable in any way for her crimes, they’ve rewarded her quite handsomely for them. As shown in the video embedded below, in 2016 Yatomi was promoted to lieutenant. As part of that promotion Lt. Yatomi, who had been publicly exposed as a perjurer that withheld evidence in order to justify an illegal and unconstitutional arrest, was placed in charge of Metro’s internal affairs division (the department that investigates cops accused of misconduct).

And now, just four years after knowingly and intentionally committing multiple felonies in order to justify an illegal arrest, Yasenia Yatomi has “beaten the odds” by being promoted to the rank of captain and put in charge of the Bolden Area Command. That certainly inspires confidence that the LVMPD has cleaned up their act and can now be trusted to hold their officers accountable. I feel safer already.

Lt. Yatomi is Promoted and Put in Charge of Internal Affairs

Previous Posts on NVCopBlock.org About Capt. Yasenia Yatomi:

  1. The LVMPD Gang Task Force is Corrupt and it Extends All the Way to the Top
  2. Head of LVMPD Internal Affairs Ordered to Answer Perjury/Withholding
  3. Head of LVMPD Internal Affairs Accused of Perjury; Judge Recused Self Due to “Negative Opinion” of Her
  4. Las Vegas Attorney Stephen Stubbs: “Stand Up and Tell the Truth” – Why #PoliceLiesMatter
  5. Las Vegas Attorney Stephen Stubbs Found Not Guilty in 5th Amendment Right to Counsel Case
  6. Attorney Stephen Stubbs Arrested for Refusing to Leave His Client’s Side
4 Comments

Head of LVMPD Internal Affairs Ordered to Answer Perjury/Withholding Evidence Charges in Court

Via a public Facebook post (embedded below) Stephen Stubbs released an order from Justice of the Peace Anne Zimmerman stating that Lt. Yasenia Yatomi must appear in her court to answer contempt charges for having committed perjury and withholding evidence that would have shown that perjurious testimony to have been false.

The full order from Judge Zimmerman reads:

“Now Therefore, Lieutenant Yesenia Yatomi is hereby ordered to appear on August 9, 2016 at 9:30am in Las Vegas Justice Court, Department 8, 200 Lewis Avenue, Las Vegas, NV 89101 to show cause why she shouldn’t be held in contempt of court for her perjurious trial testimony and withholding of exculpatory evidence.”

The charges stem from an incident in which Lieutenant Yatomi arrested Stubbs for refusing to leave the side of a person who was being questioned by then-Sergeant Yatomi and the LVMPD Gang Unit and whom had requested that Stubbs represent him as his lawyer. (See video embedded below.) Later, she made false sworn statements within charging documents that were sent to the District Attorney’s Office to justify the filing of criminal charges against him. That original arrest report was revealed during discovery for a civil case resulting from those false charges.

In addition, she withheld the original arrest report, which accurately described the incident and her unconstitutional reasons for arresting Stubbs, from the DA. Once the case went to court, Judge Goodman found Stubbs not guilty without even requiring him to present a defense, because the case was so obviously based on lies. Subsequently, Judge Goodman recused himself from the perjury case while stating that he had such a negative opinion of Yatomi based on that previous case that there is no way he could be fair and impartial toward her.

As is also pointed out in the Facebook post, Yatomi was recently promoted and named the head of the Internal Affairs Bureau for the Las Vegas Metropolitan Police Department, in spite of the fact she had already been exposed as a liar in open court and was potentially facing these perjury charges. The LVMPD’s Internal Affairs Bureau is the department assigned to investigate police officer accused of misconduct or criminal acts, such as perjuring themselves in court and/or withholding evidence, for example. (See second video embedded below.)

(See the “related posts” section below for links to these and other stories involving or relating to Stephen Stubbs posted on the CopBlock Network previously.)

Note: Within the comments on this FB post Stubbs is asked about the nature of the charges:

Question: I thought perjury was a felony, not contempt of court
Stephen Stubbs: Contempt is a civil remedy in the court that the perjury was committed in. There is also a criminal remedy, and yes, it is a felony.

It’s not actually clear from that exchange whether these charges are just being prosecuted by the court as contempt and not as a felony or if Lt. Yatomi could also potentially face felony charges for perjury afterwards as well.

Original Arrest Video

Lt. Yatomi is Promoted and Put in Charge of Internal Affairs

Related Posts Submitted By or About Stephen Stubbs:

Stephen-Stubbs-CopBlockThose of you that have followed NVCopBlock.org over the past several years are probably already aware that Stephen Stubbs is a frequent contributor of submissions to the Cop Block Network. He often represents bikers and motorcycle organizations, whom are frequent targets of harassment from the police. In addition, I have personally worked with Stephen on a somewhat regular basis through Nevada Cop Block on issues or cases within the Las Vegas area.

Therefore, there is a pretty lengthy (and growing) list of posts on Cop Block involving Stephen Stubbs, his clients, and/or people or groups he is associated with. Included below are links to those posts.

  1. Head of LVMPD Internal Affairs Accused of Perjury; Judge Recused Self Due to “Negative Opinion” of Her
  2. Las Vegas Attorney Stephen Stubbs: “Stand Up and Tell the Truth” – Why #PoliceLiesMatter
  3. Man Beaten by Las Vegas Police For Not Moving Fast Enough Awarded $31,500 Settlement
  4. Full Waco Twin Peaks Biker Shooting Videos; Witness Statement Made Public
  5. Know Your Rights Seminar At Las Vegas “Rally For Your Rights”
  6. Waco, TX; Twin Peaks Shootings Arrests – June 10th Call Flood
  7. Nevada Police Chief Resigns After Protecting Animal Shelter Supervisor Who Killed Pets
  8. Fired NV Police Chief Ordered to Pay Punitive Damages in Abuse of Authority Lawsuit
  9. Las Vegas Attorney Stephen Stubbs Found Not Guilty in 5th Amendment Right to Counsel Case
  10. Game Over for Insert Coins’ and Their Abusive Bouncers
  11. Dance, Dance Revolution Protest at Insert Coins Las Vegas- Feb. 26, 2015
  12. Insert Coin(s) Las Vegas Bouncers Beat Man and Obstruct Witness Trying to Film
  13. Las Vegas Police Promise “Fundamental Policy Changes” after Dominic Gennarino Beating
  14. Las Vegas Police Beat a Man for “Not Moving Fast Enough”
  15. Las Vegas Police Agree That You Should Film Them
  16. Free Know Your Rights Seminar in Las Vegas
  17. Attorney Stephen Stubbs Arrested for Refusing to Leave His Client’s Side
2 Comments

Man Beaten by Las Vegas Police For Not Moving Fast Enough Awarded $31,500 Settlement (Update)

About a year and a half ago, Las Vegas Attorney Stephen Stubbs submitted a story to the CopBlock Network about a man who had been beaten by members of the Las Vegas Metropolitan Police Department.

That man, Dominic Gennarino, could be seen on surveillance video (embedded below) from the Vanguard Lounge, a bar/nightclub located on what is known as Fremont East in Downtown Las Vegas, being assaulted by a group of Las Vegas police officers. One officer in particular, identified as Officer Kolkoski, visciously jabbed Gennarino’s body with his nightstick during the attack and had to be restrained by another policeman.

Prior to that the cops had been clearing people out of the club after a stabbing (which Gennarino wasn’t involved in) took place there. Apparently, Gennarino’s “crime that precipitated that beating was that he wasn’t moving fast enough as he exited the bar, even though the video pretty clearly shows that the large crowd had prevented him from walking any faster.

Of course, once the video was made public the false charges (Obstructing a Public Officer) against Gennarino used to justifying the beating were dropped. Also, in response to the beating and the negative publicity it generated, the LVMPD promised that they were going to implement “fundamental policy changes” in their use of force policies, as well as their procedure for investigating use of force incidents. Those “fundamental” changes that were promised have since gotten some not so glowing reviews by Las Vegas residents, though.

Officer Kolkoski knocks himself down in the process of beating Domonic Generino with his nightstick

Officer Kolkoski in his enthusiasm for beating Domonic Generino knocks himself down.

Not surprisingly, given the history Las Vegas area police departments with regards to accountability, Metro’s Internal Affairs also concluded during their investigation that “the actions taken by employees did not rise to the level of misconduct or was not a policy violation” and those cops caught on camera beating an innocent man for no good reason wouldn’t face any sort of meaningful repercussions for those actions, whatsoever.

Of course, you have to consider that Clark County District Attorney Steve Wolfson refused to prosecute a group of police officers from the Las Vegas suburb of Henderson after they beat a diabetic driver they suspected of being drunk. The reason he cited for that inaction was because they train Henderson police to kick people in the head at the academy. So, even misconduct and policy violations are fairly hard to come by out here in Vegas with such a low bar of acceptability for pretty much whatever cops want to do on any given day.

In the latest update to this particular story, Stephen Stubbs posted to his Facebook profile on April 14th (2016) that Gennarino had received a settlement of $31,500 to compensate him for the actions taken by those LVMPD “employees.”

In that post (embedded below), Stubbs states:

Las Vegas Metropolitan Police Department paid my client $31,500 today. He was beaten by police because he wasn’t moving fast enough, and then the police officer lied in the official report.

A special thank you to Jared Richards. We did this case together and Justice won the day.

Dominic Gennarino certainly deserves to be compensated for the assault and wrongful arrest perpetrated against him that day and probably by even more than the amount he received. (Apparently, he was satisfied with Metro’s first settlement offer.) However, as is always the case due to qualified immunity protections, this settlement will be payed by the taxpayers and not in any genuine way personally effect those officers who actually committed the crimes against Gennarino and then lied in official police reports in order to justify doing it.

Related Posts Submitted By or About Stephen Stubbs:

Those of you that have followed CopBlock.org over the past several years are probably already aware that Stephen Stubbs is a frequent contributor of submissions to the Cop Block Network. In addition, I have personally worked with Stephen on a somewhat regular basis through Nevada Cop Block.

Therefore, there is a pretty lengthy list of posts on Cop Block involving Stephen Stubbs, his clients, and/or people or groups he is associated with. Included below are links to those posts.

 

  1. Full Waco Twin Peaks Biker Shooting Videos; Witness Statement Made Public
  2. Know Your Rights Seminar At Las Vegas “Rally For Your Rights”
  3. Waco, TX; Twin Peaks Shootings Arrests – June 10th Call Flood
  4. Nevada Police Chief Resigns After Protecting Animal Shelter Supervisor Who Killed Pets
  5. Fired NV Police Chief Ordered to Pay Punitive Damages in Abuse of Authority Lawsuit
  6. Las Vegas Attorney Stephen Stubbs Found Not Guilty in 5th Amendment Right to Counsel Case
  7. Game Over for Insert Coins’ and Their Abusive Bouncers
  8. Dance, Dance Revolution Protest at Insert Coins Las Vegas- Feb. 26, 2015
  9. Insert Coin(s) Las Vegas Bouncers Beat Man and Obstruct Witness Trying to Film
  10. Las Vegas Police Promise “Fundamental Policy Changes” after Dominic Gennarino Beating
  11. Las Vegas Police Beat a Man for “Not Moving Fast Enough”
  12. Las Vegas Police Agree That You Should Film Them
  13. Free Know Your Rights Seminar in Las Vegas
  14. Attorney Stephen Stubbs Arrested for Refusing to Leave His Client’s Side

 

Leave a comment

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…

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

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

21 Comments