LAS VEGAS (CN) - Henderson, Nev. police say a family didn't tell the whole story in a lawsuit that accused officers of malicious prosecution and constitutional violations.
The Mitchell family sued the police department on July 1, claiming officers arrested and maliciously prosecuted them for refusing to allow their homes to be used as lookouts for a domestic violence investigation of some neighbors.
Anthony Mitchell lives in a house close to his parents, Michael and Linda Mitchell, on Eveningside Avenue.
In the Mitchells' complaint , they claimed that Henderson and North Las Vegas police commandeered their house, in violation of the Third Amendment, then arrested them when they objected.
Anthony Mitchell claimed that officers broke down his door, fired pepperballs at him and his dog and arrested him for obstructing a police officer. He said officers searched his home and made it into a lookout post.
His parents made similar complaints in the same lawsuit. Michael Mitchell claimed officers arrested him for obstructing a police officer when he did not stay at a police post and tried to leave the area. Linda claimed that officers grabbed her, forced her out of her home and took it over, went through all the rooms and even ate some of their food.
After Courthouse News reported the Mitchells' lawsuit, on July 3, Henderson police contacted the news service and supplied two arrest declarations that paint a different picture of what happened.
The declarations of arrest claim the Mitchells refused to follow officers' orders as police tried to evacuate the immediate area; that the Mitchell men spoke via cell phone, apparently to the suspect; and that police arrested Anthony after encountering him wearing body armor and loading a rifle.
Ellipses below mark sections of the declarations that have been blacked out.
According to the declaration for Anthony's arrest: "On July 10, 2011, at approximately 0722 hours, officers were dispatched to ... reference a domestic battery and coercion ... Residents of Eveningside were called by Henderson dispatch and told to shelter in place. Investigation revealed Michael Mitchell (DOB - 58) who lives at 362 Eveningside, is close friends with ... and was calling him to update what police were doing outside. Even further investigation revealed that Michael's son, Anthony Mitchell (DOB - 87) lived at 367 and was also relaying information to the suspect. Several times during the incident both men exited their houses, had verbal exchanges with officers on the perimeter and then went back inside. Repeated attempts to get them to cooperate with police met with negative results.
"Due to the severity of the call H.P.D. S.W.A.T., N.L.V.P.D. S.W.A.T., CNT and a command post were activated. S.W.A.T. officers began systematically evacuating neighboring residence. Michael and his wife initially refused to exit after given orders to evacuate. After negotiations with CNT officers, Michael and his wife exited without incident.
"Anthony ignored orders by S.W.A.T. officers to exit his residence due to the emergency situation. S.W.A.T. officers made entry and found Anthony wearing a ballistic vest and loading ammunition into a rifle magazine. He was taken into custody and transported to the command post with the rest of the residents who were evacuated. Photos were taken of Anthony wearing the ballistic vest and later booked into digital evidence at the substation."