The lawyer of the suspended sergeant argued that some charges should be dismissed

LAS VEGAS (KTNV) — A suspended Las Vegas Metropolitan Police Department sergeant is now arguing that abuse of police authority charges against him should be dismissed.

That’s according to a court filing that Channel 13 just obtained.

Sergeant. Kevin Menon He currently faces charges in two separate criminal cases:

In the motion reviewed Wednesday, Menon’s defense attorney, Dominic Gentile, argues that prosecutors failed to present evidence to the grand jury that Menon acted “illegally and maliciously,” stating: Testimony jury heard could prejudice them to the point of dismissal of the case.

C-24-386532-1 – Petition for Writ of Habeas Corpus – PWHC CRM with aroberts.news on Scribd

About a dozen Metro officers, including Officer Erik Sanchez, testified to a grand jury in October. Gentile argues that Sanchez’s testimony proves that Menon could not have acted “illegally and in bad faith,” based on the following opinion:

QUESTION: So, after this incident occurred, did you take any action regarding the issue?
What is your position on CC18 flex?
REPLY: I did. I requested to go to a day shift team away from that team.
QUESTION: Why did you make this request?
REPLY: I didn’t want to get involved in any problems of this nature that might arise.
Operations that he believed were right.
QUESTION: When you say you believe he is right, do you mean Sergeant Menon?
REPLY: TRUE.

“Obviously, if someone believes their actions are ‘right’ or ‘virtuous,’ that is the opposite of ‘malicious’ or ‘malicious’ as defined in the instructions,” the motion said. The statement is included.

Gentile also argues that the grand jury process was unfair because only law enforcement officials were asked to testify.

“It is noteworthy that not a single alleged ‘victim’ of Sergeant Menon’s conduct testified before the grand jury,” the motion states. The statement is included.

He argues this could bias the jury.

“From time immemorial, it has been recognized that potential jurors have a high potential for bias in favor of the testimony of law enforcement witnesses,” he notes. “There are countless cases that recognize the need to expose and deal with this problem and its negative impact on fairness in decision-making.”

Gentile even cites a recent Nevada Supreme Court decision in the Nathan Chasing Horse case.

Chasing Horse is the accused cult leader whose sexual abuse case was thrown out by the Supreme Court in September; In presenting the indictment, the judges found that the grand jury was not presented with sufficient evidence to make an informed decision.

Menon is next scheduled to appear in court on Wednesday, December 4.