By MATT WARD
PVT
A Nye County sheriff’s detective filed a $3 million federal civil rights lawsuit on Tuesday that will likely see county funds spent defending a disgraced former district attorney.
Det. David Boruchowitz is suing former DA Bob Beckett, Deputy DA Robert Bettinger, Las Vegas attorney Conrad Claus and Nye County alleging false imprisonment, malicious prosecution and infliction of intentional distress. Boruchowitz was arrested on multiple felony charges last year as part of a major imbroglio involving the county sheriff’s office and Beckett, who was himself arrested on multiple charges involving misuse of funds collected as part of his office’s bad check program.
A complaint filed in federal court in Las Vegas provides a timeline of events leading up to the detective’s arrest. The charges were later dropped and a judge appointed to adjudicate the complaints Beckett filed against the police officer apologized.
Attempts to reach Beckett were not successful. Bettinger, too, wasn’t available for comment.
Brian Kunzi, the current district attorney, said he hadn’t seen the lawsuit, but confirmed that the county would likely be forced to defend against it “if they were sued in their official capacity.”
Claus called the lawsuit laughable.
“Do you want a real comment, other than uproarious laughter,” he said when asked about the complaint. “I have immunity. The county will pay for my defense, though I don’t need them to.”
The criminal defense attorney is defending at least one client in Nye County where the detective played a central role in the case. He said the federal lawsuit will likely not affect that case.
But, the irony of Boruchowitz’s complaint was tangible, Claus said.
“For detective Boruchwitz to be suing anyone for violating his civil rights is the height of irony,” he said. “I can appreciate detective Boruchowtiz’s newfound respect for civil rights. Hopefully that will translate to his behavior with others.”
The attorney representing the detective, Reno lawyer Marc Picker, was not available for comment on Friday. Boruchowitz, reached by phone Friday morning, did not wish to comment.
According to Boruchowitz’s complaint, the trouble began a year ago on March 12, 2010, when the detective began investigating sheriff’s candidate Ted Holmes and a complaint that the candidate was impersonating a law enforcement officer. The April 2010 run-in between the detective and a family member of another sheriff’s candidate, Nevada Highway Patrol officer Scott Cobel, was also highlighted in the complaint.
Both incidents were later used by Beckett as justification for filing charges against the detective.
It was only a few days after the incident involving Cobel’s relative that a county auditor and the assistant county manager alerted police to missing funds in the DA’s bad check program, according to the detective’s lawsuit.
By May, Beckett was arrested and released and charges against Boruchowitz were in the works, the lawsuit states. Beckett hired a special prosecutor. The detective was arrested on May 21. Bettinger then filed two new complaints against the officer on May 24.
In the complaint, Boruchowitz says Bettinger was forced to file the new complaints by Beckett.
“Defendents, and each of them, acted recklessly or were grossly negligent in performing their official duties,” the lawsuit repeatedly states.
The back-and-forth complaints and charges after the detective’s arrest involved all manner of accusation. At one point in June 2010, the lawsuit states, Beckett testified in open court that the detective perjured himself in a murder case. A month later, a judge ruled that he didn’t commit perjury
On Oct. 8, charges against the detective were dismissed by special prosecutor Peter Christianson, who was appointed to replace Claus and other attorneys appointed by Beckett earlier.
On Oct. 15, Beckett pleaded no contest to a misdemeanor charge of obstructing a public official. Beckett stepped down after Kunzi won election to office in November.
The civil rights complaint against Beckett seeks at least $3 million — at least $1 million in general damages, $1 million in punitive damages and $1 million in specific damages. It does not specify in the prayer for relief that these damages are being sought from each defendant. But, the detective makes nine claims for relief, alleging multiple violations of his Fourth and 14th Amendment rights among other violations. The complaint asserts that the detective is eligible for $1 million from each defendant on each claim.
While Beckett has almost completely disappeared from the political scene in Pahrump, Boruchowitz continues to play leading roles in major cases. The November arrests of Floyd Elementary School educators accused of abusing special education students was one. He arrested the principal of Floyd at the school while students were in class.
Just this month, the detective’s work led to the arrest of last year’s Pahrump Valley High School salutatorian and a dozen other current and former students on charges related to grade tampering.
The PVT will update this story as information becomes available. Also look for more information in next Wednesday’s newspaper.
Why don’t all you big boys grow up? Seems to be a personal issue between all of you. One of you needs to just stop participating in it and maybe the others will follow too. How many people in this country get arrested everyday to only find out they are innocent, charges don’t stand, not enough evidence, blah blah blah. Do they turn around and sue? NO. They just go on about their business. All this is childish nonsense. Maybe a little “class” would help the situation so why don’t one of you pull yourself up and be the bigger man and make the decision to stop all this behavior? Or maybe just meet under a tree and take turns peeing on it.
This lawsuit is totally a bad thing. Nye County doesn’t need anymore lawsuits to defend against, and the DA’s office is so far behind in their cases now, as it is! The only way Boruchowitz could turn this into something positive is if he took his “winnings” (IF he wins anything) and donates 100% of it to his foundation to help intellectually challenged kids. And no salaries for himself or anything! Just 100% goes to the kids. Just sayin’…
The residents in Nye need to start submitting everything to the feds. Go out of state, as the local offices of the FBI are questionable, at best. Wake up, people. Good ‘ol boy Wade was useless, but he wasn’t an out-of-control thug with the Jersey-New York bury the body mentality. This while town reeks of “them dukes, them dueks, gggggggggrrrrr, enos, get them dukes…”
A law suit filed by the detective that keeps having his cases tossed out of court. Does anyone else see “the pot calling the kettle black” here?
Yup count them FIVE (5) months after the fact…….
I don’t understand why you keep harping on “five months after the fact…”. What are you trying to say?
as stated above the charges against Boruchowitz were dismissed five (5) months ago…. Why didnt he file the law suit then??…. I tell you why, case Klaus represents another client and filed a motion in Nye County District Court for Police Misconduct againts NCSO members, that is when the law suit was decided to be filed….retaliation…..and 5 months ago the election was still in full swing….. enough is znough
does that help.
And you know this how………….?
I can read, because it was in the LVRJ…..
“because it was in the LVRJ”???????????????????? ARE YOU SERIOUS? THAT IS YOUR BASIS FOR FACT? WOW YOU ARE PROBABLY MISGUIDED IN MANY WAYS THEN. HOLY COW. Whether true or not, you need to find a different source of fact! Just saying.
First off, to correct your previous assumption, the charges against Boruchowitz were “dismissed without prejudice”, this allows the plaintiff to re-file if new evidence comes to light; fat chance that will happen. It also does not allow the plaintiff to appeal the case, but only to re-file in the same court; fat chance of that happening. Perhaps he didn’t file his case for 5 months because he didn’t feel like it and apparently he forgot to call you and check to make sure that that was ok. And last but not least, you raised the issue of a hearing on April 27th of this year; well we wait with baited breath for you to tell us all who is involved in the case. And let me add, to be correct you should realize that the gentleman’s name is Claus, as in Conrad Claus or Santa Claus.
Is it just me, or can everyone clearly see through this Boruchowitz’s continued attempts to portray himself as some “innocent victim” in this shameless affair? His public personal campaign only further demonstrates the (Nye Co.) Sheriffs Office questionable ethics. Where is the Sheriff in all this, and why is he not at least “pulling the reigns back” on this Boruchowitz-versus-the-world public relations nightmare?
Based on his general lack of action, I assume the Sheriff does not object to the numerous embarrassments that “Bad-Boy” Boruchowitz continually brings down on his office. Does the Sheriffs Office support, or encourage such public behavior? Why else would it continuously allow it to happen?
I do not personally know this Boruchowitz guy, nor would I really want too. What I do know is, that the +/- 40 false or so charges that Boruchowitz filed against Beckett were all dismissed without prejudice. That would make Boruchowitz 0-for-40 in his quest and, despite what was stated in this article, Beckett did not plead guilty to, nor was he found guilty of any charge. Therefore it seems obvious as to “whom” was falsely arrested, slandered, defamed? It certainly was not Boruchowitz.
And now, already facing a $5 million budget shortfall, Nye County gets to pay for the defense of yet another felonious lawsuit being pursued at the bequest of this Boruchowitz guy. Right after the court threw out the other +/- 40 false charges brought forward by Boruchowitz, against Beckett. When does this end?
Why doesn’t someone in authority, (like Sheriff DeMeo), pull this Boruchowitz clown aside and inform him that the tax payers of Nye County are getting really tired of paying unnecessary legal fees defending Boruchowitz’s “personal” agenda against the former District Attorney?
Or maybe its high time the tax payers of Nye County elect someone who can control the staff into the Sheriff’s office?
Ever wonder if there is more to this story than what meets the eye? Let us imagine for a moment that Boruchowitz and Beckett are working in collusion regarding this pending lawsuit. Perhaps Boruchowitz has agreed to pay Beckett a $1 Million cut of this settlement. Both men walk away with a cool sum of cash, all provided by the taxpayers.
Must not be a very close insider as anyone who followed the story knows that the charges were plea bargained not thrown out as you stated.
A tad bit different than the spin you put on it.
Well said!! But wait, Will he file a civil suit against JP B she issued the arrest for Boruchowitz on that case? Just wondering?
Sounds like Boruchowitz is making his case to be future Sheriff
I for one support the detective and the sheriff. We pay them to investigate cries and arrest suspects. From that point on, it is up to the judicial system to handle the case. Time after time I read complaints against Det. Boruchowitz or our Sheriff for doing the job we pay them to do. The Detective now believes his constitutional rights were violated while doing his job. He has every right affor5ded thee rest of us to seek redress.
First you have to suffer a LOSS before there is a claim….. clearly there was no loss. He walked himself in to the jail and walked out 15 minutes later, wrote his own press release, and was back at work the following Monday…..now were was the loss? Were was the mental anguish? All of which ended in a dismissal some 5 months later and upon the heals of a case being filed against him, he now files one against the same attorney???? Sounds like a well orchestrated plan to me……….
that is the most ignorant opinion i have heard to date… pull the sock off your head and stop playing naive.. we will be bankrupt and your services will be gone thanks to those outstanding white knights you covet as “the Pahrump Protectors” … don’t use pine sol to clean..it’s messing with your brain function!
Actually Mr. Insider… Beckett was found guilty of reckless driving after he flipped two cars in California, he was given three years probation and was required to attend Drunk Driving classes.
He was later arrested in the case involving the Bad Check Fund after he refused access to the program by the county auditors who eventually reported this to the Sheriff’s office and the Sheriff then requested his deputies to investigate the incident. A bank account was discovered that did not have county authorization nor had it been audited by the county even though the distribution of funds via this account was in control of a county employee, Mr. Beckett. After a thorough review of the unauthorized bank account Boruchowitz through his position as a detective with the Nye County Sheriffs Office arrested DA Beckett. Apparently funds were being disbursed to various places and organizations that were not in anyway associated with the intent of the Bad Check program. Charges were filed and Beckett was jailed.
Beckett then falsely accused Boruchowitz of trumping up these charges and proceeded to fabricate 45 charges against the detective and name a special prosecutor to file against Boruchowitz. The detective turned himself into the sheriff’s office and was promptly arrested and jailed. He filed for release and Justice Briseball eventually found for him and against the special prosecutor and dropped the charges and ordered his arrest expunged from the record. Beckett then ordered a Deputy DA Bettinger to file the same charges. Bettinger did this, as his testimony shows, against his better judgment. Becket used the arrest of Boruchowitz to obscure his involvement in the matter and while doing so slandered the Detective and used his hired hands to do the same. This caused doubt within the community about the cases in which the detective was involved.
Beckett continued his onslaught in the courts while testifying during a hearing involving Boruchowitz, stating that Boruchowitz was a perjurer and that Beckett had affidavits attesting to his perjury. That was not the case and the Judge dismissed the testimony as fantasy when Beckett couldn’t produce the affidavits. District Attorney Beckett eventually pled guilty to obstruction charges and forfeited $20,000 in pay for restitution of the Bad Check monies which were diverted. Following that finding, his law license was suspended by the Nevada Supreme Court.
Detective David Boruchowitz was released from all of the charges by Judge Joseph Bonaventure on Oct. 8th 2010 and received an apology in which Bonaventure said, “sorry you had to go through this.”
Former District Attorney Beckett was again arrested Sep 10th of 2010 for drunken driving and that case is still pending.
Perhaps you should do the requisite research prior to your unsubstantiated claims.
Game, set and match.
You sound like a “real insider”
Thank you
Awsome job! Thanks for pointing all that out some people truly don’t have a clue.
I’d like to echo what they’re saying. Great summary, much appreciated.
The charges on October 8th were dismissed with prejudiced, which means they can be refiled at a later date if further information arises…….
You have it backwards….without can be refiled — with cannot be refiled.
I feel by reading explanation , news articles, etc… that both the Sheriff’s Dept. and Beckett have some serious injustices to its employers(US).. Based on all the childish misuse and inappropriate time use and money spent..all should be audited, all checks , balances, inventories and monies shown to us because its our right. the deputy should be no longer employed here. If they are going to sue us , I demand the same…Beckett..MASSIVE counts…the deputy, by review of performance possibly a wide range of misconduct(very abusive and coercive behavior in front of numerous townspeople)…. collectively this town needs a clean sweep and cleaning house of those that are not willing to represent US, the people of this towm. WE have to stop opinions and get common sence,real research and really put this town in working order that helps US, not the county soap opera…please can we wash our hands of this crap, and move to real business for….US?!
Interesting that you should mention this. Have you noticed how disruptive our own public servants are in this town? It’s almost like a soap opera of obnoxious kids being played out on a weekly basis, and they’re costing the taxpayers a small fortune to boot. In the interim we’re stuck in the middle, still wondering when this madness will end.
thank you for your research..there is still far more you are missing…you need a law library and better access to exact recounts by all agencies(actual reports and followup copies) and try to digest the truth from the actual “stories” contrived rather badly…. there are also many cases i feel could be reviewed and notice how they were handled from arrest to trial…quite odd. go to county clerk and start digging ..
No matter who wins or loses in these lawsuits, the County of Nye tax payers will
end up footing the bills. What a crock? It seems we spend all our tax payer dollars on lawsuits, consultants, salaries, and new buildings. What else does the money go for?
You forgot to mention the never ending calls for more STUDIES, mostly on matters that wouldn’t even require a study.
Hello every one what is the problem the County has no money but we let the boys play/ what a shame all our hardworked Tax money at work/everybody in the Nye county Sheriffs department should be investigated, Hello Tax payers is up to us to take our County Back/ or the Sheriff needs to get some balls and remove this people.
Maybe good ole Boruchowitz can explain his actions when he testifies during a hearing slated for April 27, 2011…… related to the Motion filed in another case…… we shall see….
He will have to testify since he was directly involved in that case. He will be going up against a couple of real crusader type civil rights attorneys who are going to have a field day with him. I don’t think that the results will be made public though…unless someone can leak the information to everyone.
Why don’t one of you two tell us the name of the case. Court is public in Nevada, and the name of the case is all you need to blow the lid off.
Matt lets not forget that Nye County is currently defending itself as well as that creep in the OTHER lawsuit that the Mairs filed sometime last year. From all the info looks like there is significant documentation to support the Mairs and to believe that the Mairs will prevail. Looks like there was not only violations of their civil rights but Color of Law violations as well? WOW!!!!
Recap of Becketts Team: Robert Beckett, Rick Marshall, Tom Gibson, Frank Toppo, Charlene Mairs, Marcia Shcokley.
Documents and or other information have it that the FBI was contacted by the Mairs, their attonrey or someone advocating for them. Any news on that?
I find it very disconcerting for Nye County residents that the Real Insider Joe Thomas and “Requisite Research Required” a.k.a., Det. Boruchowitz still think they are somehow justified in throwing away more “BABIES WITH THE BATH WATER”, e.g., more of our tax money!! NYE COUNTY CITIZENS ARE POTENTIALLY GOING TO HAVE TO SHELL OUT MILLIONS IN TAX PAYER DOLLARS just so these narcissists can settle their own PERSONAL VENDETTAS WHILE ON OUR CLOCK! Like it or not, WE ALL ARE GOING TO PAY!
Getting those two to reveal themselves in these comments is like leading sheep to THE slaughter? WHO’S TAX MONEY ARE THEY WASTING, IT’S YOURS AND MINE! THAT’S WHO’S! WE ALL NEED TO REMEMBER THAT NEXT ELECTION!
Mr. Rift…I am not Mr. Boruchowitz nor am I a relative and I do not have a professional relationship with him. I am a senior citizen with an interest in what happens in this town because I pay taxes and own a home here. I also have an interest in the facts. I did not inject my beliefs in the comment that I wrote. My intent was only to provide an overview of the case as it was presented in the press as I have read it and I have read every article I could find, even the articles written in the U.K, Canada and Zaire. I have attended some of the court hearings relevant to this case because I have spare time and found the entire affair to be a diversion from gardening, fixing fences and cardiac meds. I also have a belief in everyone’s right to seek redress for what they perceive to be a transgression against their rights. That is why we have a justice system. Detective Boruchowitz may prevail in his case or he may not, but that is why there is the system of opposing forces. That is why we have judges. If it costs me some of my treasure in the form of taxes then so be it. Let the chips fall where they may.
Riff – No where did I state that I believed that anyone was “justified in throwing away more “BABIES WITH THE BATH WATER” (tax dollars), however I firmly believe in a person’s right to seek redress for being wronged.
Requisite Research Required provided a clear and concise overview of the events.
It was well researched and well written. It contained accounts that are easy to verify and stuck to facts.
Unlike the post of “Nye County Insider”, which contained more of personal opinions than facts.
It is quite refreshing to read Requisite Research Required’s posts, compared to the usual posts that occur.
Exactly Joe. You really brought your A game. You totally brought your varsity team to this one.
Not to put too fine a point on it, but…. it’s “riff-raff.” This is assuming you mean “disreputable people.” If you meant, “a sustaining wall, usually used in deep water,” that would be… um…. riprap.
This can only go so far and I think we should hear it now.
What a waste of money! And our officials wonder why they are struggling with fiscal budgets. When is some going to ask us if we want to pay for all this nonsense. It is our money that pays for it after all!