http://www.reviewjournal.com/lvrj_home/2003/Aug-29-Fri-2003/news/22024893.html
Friday, August 29, 2003
Copyright © Las Vegas Review-Journal
BARBARY COAST INCIDENT: Fine, damages paid in freezer shooting
Some say FBI agent got special treatment in case
By J.M. KALIL
REVIEW-JOURNAL
An FBI agent who fired his duty pistol into a Barbary Coast walk-in freezer while intoxicated has paid a $105 fine and thousands of dollars in damages to the Strip hotel to end the criminal case against him, officials said Wednesday.
Supervisory Agent John Hanson III, who remains under internal investigation by the FBI, paid Barbary Coast $12,507 on Aug. 8 for damages he caused when he fired his .45-caliber handgun into the freezer in May, court documents show.
Longtime observers of the local criminal justice system say Hanson, who was cited, but not arrested or jailed in connection with the shooting, received extremely favorable treatment from police and prosecutors compared to others who have committed similar crimes.
"If one of my clients did that, he would be in chains and shackles so quick, and he would be charged with a felony immediately," said James "Bucky" Buchanan, a veteran defense attorney who carries one of the Clark County Courthouse's heaviest criminal caseloads.
Although Hanson was taken into custody by casino security guards after the May 15 shooting, Las Vegas police officers summoned to the 1:30 a.m. incident decided not to arrest him.
Hanson was issued a citation for a misdemeanor charge of discharging a firearm. His gun was released to another agent who, like Hanson, was in town for an accounting seminar, said Special Agent Todd Palmer, a spokesman for the Las Vegas field office of the FBI.
Metropolitan Police Department officials acknowledged this week that most citizens who undertook similar actions would be arrested and jailed rather than issued a court summons.
"Nine times out of 10, we'll make an arrest for that charge," said officer Jose Montoya, a spokesman for the Metropolitan Police Department. "He probably was not arrested because he's an FBI agent and wasn't considered a threat."
District Attorney David Roger said Hanson's prosecution on a misdemeanor was appropriate, adding that he was not treated differently because he is a federal law enforcement officer.
Roger said the FBI agent at most could have faced a gross misdemeanor.
"This was a guy with no prior record at all," Roger said. "He paid a fine, and he paid restitution."
Buchanan, a former prosecutor with the district attorney's office, disagreed.
He has represented numerous defendants accused of shooting into structures.
"They've been charged with attempted murder, endangering people and a bunch of other charges," Buchanan said.
According to police reports, surveillance cameras captured Hanson pulling out his .45-caliber Glock pistol and firing two rounds into a walk-in refrigerator where cooks retrieve food for restaurants.
No one was inside when Hanson's two rounds punctured the front door.
Security guards took Hanson into custody, recovered two shell casings ejected by his weapon and summoned police.
Arriving officers confiscated Hanson's handgun and notified supervisors that the incident involved an FBI agent, the report states.
Hanson was unhelpful when officers attempted to interview him, the report indicates.
"The suspect stated he did not remember firing his weapon at any time," officer Boyse Francis wrote in the report.
Palmer, the local FBI spokesman, confirmed that Hanson does not recall the incident.
"He was drinking," Palmer said.
A patrol officer issued Hanson a citation and released him.
The report states that Hanson's sidearm and a copy of the videotape were released to the other FBI agent.
According to court documents, Hanson pleaded guilty June 26 to a single misdemeanor count of discharging a firearm.
The case was resolved after Hanson agreed to pay the Strip hotel for damages.
Federal authorities declined to say whether Hanson is on leave from his job instructing future agents at the FBI Academy in Quantico, Va.
With the internal investigation ongoing, it remains unclear what discipline Hanson will receive.
"It could run the gamut," Palmer said, adding that Hanson faces forced time off without pay at minimum.
The maximum punishment would be firing, Palmer said.
--------------------------------------------------------------------------------
Friday, August 29, 2003
Copyright © Las Vegas Review-Journal
BARBARY COAST INCIDENT: Fine, damages paid in freezer shooting
Some say FBI agent got special treatment in case
By J.M. KALIL
REVIEW-JOURNAL
An FBI agent who fired his duty pistol into a Barbary Coast walk-in freezer while intoxicated has paid a $105 fine and thousands of dollars in damages to the Strip hotel to end the criminal case against him, officials said Wednesday.
Supervisory Agent John Hanson III, who remains under internal investigation by the FBI, paid Barbary Coast $12,507 on Aug. 8 for damages he caused when he fired his .45-caliber handgun into the freezer in May, court documents show.
Longtime observers of the local criminal justice system say Hanson, who was cited, but not arrested or jailed in connection with the shooting, received extremely favorable treatment from police and prosecutors compared to others who have committed similar crimes.
"If one of my clients did that, he would be in chains and shackles so quick, and he would be charged with a felony immediately," said James "Bucky" Buchanan, a veteran defense attorney who carries one of the Clark County Courthouse's heaviest criminal caseloads.
Although Hanson was taken into custody by casino security guards after the May 15 shooting, Las Vegas police officers summoned to the 1:30 a.m. incident decided not to arrest him.
Hanson was issued a citation for a misdemeanor charge of discharging a firearm. His gun was released to another agent who, like Hanson, was in town for an accounting seminar, said Special Agent Todd Palmer, a spokesman for the Las Vegas field office of the FBI.
Metropolitan Police Department officials acknowledged this week that most citizens who undertook similar actions would be arrested and jailed rather than issued a court summons.
"Nine times out of 10, we'll make an arrest for that charge," said officer Jose Montoya, a spokesman for the Metropolitan Police Department. "He probably was not arrested because he's an FBI agent and wasn't considered a threat."
District Attorney David Roger said Hanson's prosecution on a misdemeanor was appropriate, adding that he was not treated differently because he is a federal law enforcement officer.
Roger said the FBI agent at most could have faced a gross misdemeanor.
"This was a guy with no prior record at all," Roger said. "He paid a fine, and he paid restitution."
Buchanan, a former prosecutor with the district attorney's office, disagreed.
He has represented numerous defendants accused of shooting into structures.
"They've been charged with attempted murder, endangering people and a bunch of other charges," Buchanan said.
According to police reports, surveillance cameras captured Hanson pulling out his .45-caliber Glock pistol and firing two rounds into a walk-in refrigerator where cooks retrieve food for restaurants.
No one was inside when Hanson's two rounds punctured the front door.
Security guards took Hanson into custody, recovered two shell casings ejected by his weapon and summoned police.
Arriving officers confiscated Hanson's handgun and notified supervisors that the incident involved an FBI agent, the report states.
Hanson was unhelpful when officers attempted to interview him, the report indicates.
"The suspect stated he did not remember firing his weapon at any time," officer Boyse Francis wrote in the report.
Palmer, the local FBI spokesman, confirmed that Hanson does not recall the incident.
"He was drinking," Palmer said.
A patrol officer issued Hanson a citation and released him.
The report states that Hanson's sidearm and a copy of the videotape were released to the other FBI agent.
According to court documents, Hanson pleaded guilty June 26 to a single misdemeanor count of discharging a firearm.
The case was resolved after Hanson agreed to pay the Strip hotel for damages.
Federal authorities declined to say whether Hanson is on leave from his job instructing future agents at the FBI Academy in Quantico, Va.
With the internal investigation ongoing, it remains unclear what discipline Hanson will receive.
"It could run the gamut," Palmer said, adding that Hanson faces forced time off without pay at minimum.
The maximum punishment would be firing, Palmer said.
--------------------------------------------------------------------------------
Those things can happen when you're drinking.
