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LAS VEGAS (AP) — Las Vegas police recommended more serious charges than the single count that was brought against one of the department's officers after a body camera recorded a bloody confrontation with a woman during an arrest.
Officer Richard Scavone, 43, is facing a misdemeanor battery charge in the Jan. 6 incident. But a detective who investigated the woman's complaint of excessive use of force recommended that the officer face a felony charge and a different misdemeanor count. The detective in his March 12 report also recommended that Scavone face a felony charge for oppression under color of office and a misdemeanor charge for false reporting by a public officer.
Nevertheless, the case against Scavone marks one of the first times that body-camera video has been used to bring charges against an officer.
The detective reported inconsistencies between Scavone's version of the events and what the body-camera video showed. According to the detective's report, a woman Scavone accused of prostitution was seen on video being thrown to the ground, grabbed by the neck and slammed by her head on the hood of the patrol car three times.
Clark County District Attorney Steve Wolfson announced the case against Scavone the week after the detective's recommendations were made.
Wolfson said through his office that he would not respond to questions about why prosecutors did not bring more serious charges. Authorities have also said they would not release the video.
Scavone's defense attorney, Josh Tomsheck labeled the recommended charges by police as "alternative suggestions" and said it's not unusual for prosecutors to choose differently.
Tomsheck also said there is a "logical explanation" for what is depicted in the video. "Simply put, the whole story has not yet come to light," he said in a statement.
The Las Vegas police investigation report describes the confrontation in detail, including quoting the woman as saying to Scavone: "You're abusing me for no reason."
The woman was initially stopped on the suspicion of prostitution outside of a hotel one block west of the Las Vegas Strip. After a scuffle that left her face bleeding, she was arrested for loitering for the purpose of prostitution, littering and resisting a police officer.
The detective who investigated Scavone says that he made at least four misleading or false statements surrounding his claim that the woman was resisting arrest.
Scavone had said on the initial arrest report that the woman was combative and pulling away from his grip. The officer also said that she was reaching around her bra area, which threatened his safety.
However, video from the body camera apparently showed the woman was put in handcuffs within a minute of the officer getting out of his vehicle. The woman also shouted for Scavone to take her to jail and to stop hurting her during the 5 a.m. arrest.
The detective's report said Scavone used unreasonable and excessive force and didn't have probable grounds to arrest the woman.
The charges against her were dropped. The report said she was not read her Miranda rights when she allegedly admitted to being a prostitute.
Scavone that day was wearing a body camera after volunteering to be a part of a pilot program putting the devices on the collars and lapels of 200 patrol officers in the 2,400-officer department. A correctional officer was riding along with him.
If convicted, the misdemeanor battery charge carries the possibility of six months in jail and a $1,000 fine.
Scavone is expected to make his first court appearance at an arraignment set for April 15. The eight-year police officer is now on paid leave.
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