Las Vegas police are withholding public records related to a tragic crash on November 18, 2023, in which a teenager is accused of deliberately colliding with 11 vehicles stopped at a red light. The incident resulted in the deaths of three individuals, raising questions about transparency and accountability within the Metropolitan Police Department.
The suspect, **19-year-old Jose Gutierrez**, faces multiple charges, including murder and attempted murder. Among the deceased are Gutierrez’s pregnant girlfriend, **Adilene Duran Rincon**, **20**, and **Edward Garcia**, **38**, a driver from another vehicle. Additionally, **Vanessa Lainez Vasquez**, **25**, a passenger in one of the cars involved, died days later from her injuries.
Since the collision, the **Las Vegas Review-Journal** has sought access to critical evidence, including 911 call recordings, body camera footage from responding officers, and video of the crash itself. These records are crucial for understanding the events surrounding the crash and the police response. In response to the requests, the police department’s Fatal Detail has denied access, citing the ongoing investigation.
Public Records Denial Raises Concerns
The Las Vegas Metropolitan Police Department has increasingly asserted that certain records should remain confidential, particularly those related to active investigations. In a recent statement, the department indicated that it requires additional time to complete its investigation before releasing any materials. Specifically, they noted that “your request for body worn camera video(s) and/or photo(s) has been denied due to an OPEN/ACTIVE investigation with the LVMPD Traffic Bureau/Fatal Unit.”
The refusal to disclose these records has sparked criticism. **Ben Lipman**, Chief Legal Officer for the Review-Journal, contends that blanket law enforcement privilege does not exist. He argued that while some information can be withheld for legitimate reasons, it cannot be solely based on an investigation’s status. According to Nevada’s Public Records Act, there is a presumption that records are open to the public, and exemptions should be narrowly applied.
Metro’s position on not releasing third-party footage has also come under scrutiny. The department stated that it would not provide video from a nearby business without the owner’s consent. Lipman countered this argument, asserting that any record in the custody of a governmental entity is public unless explicitly made confidential by law.
Impact on the Investigation and Public Trust
Prosecutors have previously indicated that the withheld footage could be instrumental in proving Gutierrez’s intent to cause the crash. The department’s refusal to release the video has raised questions about transparency in law enforcement, particularly as the Review-Journal’s Executive Editor, **Glenn Cook**, pointed out that 911 audio is typically accessible shortly after fatal incidents.
In June 2023, Las Vegas police released over 80 minutes of calls related to a separate homicide just four days after it occurred. Cook emphasized that the delay in releasing the 911 audio from the recent crash lacks a lawful justification, noting that public access to such information does not impede an investigation or prosecution.
Metro has released Gutierrez’s arrest report shortly after the crash, but it included significant redactions. Sheriff **Kevin McMahill** stated that the department’s primary challenge in releasing information is to comply with legal requirements. He expressed frustration over the process, indicating a desire for a more straightforward approach to public records requests.
In the wake of these events, the Review-Journal continues to advocate for transparency in government, encouraging residents to share their experiences with denied access to public records. As the case progresses, the balance between ongoing investigations and public accountability remains a critical concern for residents of Las Vegas and beyond.
