LAS VEGAS (KTNV) — The City of Las Vegas has filed charges against Ohio journalist Derek Myers, who has alleged that City Marshals wrongfully arrested him during a traffic stop earlier this year.
The incident took place on January 9, 2023, when Myers was visiting Las Vegas for the Consumer Electronics Show. City Marshals stopped Myers on U.S. 95 near Craig Road after they observed erratic driving behavior from his vehicle, a Chevrolet Equinox. According to newly-released arrest reports, marshals noted that Myers was speeding—traveling at 80 miles per hour in a 65-mile-per-hour zone—and was not maintaining his lane.
Body camera footage from the City Marshals captures the moments leading up to the arrest, with officers citing Myers’ close following distance behind their patrol vehicle and his use of the left shoulder to try to pass them.
As marshals approached Myers’ vehicle, they reported that he was on his cell phone and responded to requests for his license, registration, and insurance with hostility, stating, “I’ve been through this before. You don’t know [who] you’re f***ing with so keep doing your thing.”
In an unexpected turn, Myers contacted 911 while being pulled over, claiming that the marshals had “kidnapped” him. The video shows one marshal commenting on Myers’ behavior, noting his argumentative stance and claims of being a law student. Another marshal remarked on Myers’ aggressive driving as a justification for the stop.
After Nevada Highway Patrol troopers arrived at the site, they requested Myers to exit his vehicle. The arrest report mentioned that Myers displayed physical symptoms often associated with impairment, such as droopy, watery eyes and constricted pupils. He reportedly failed several field sobriety tests administered by the authorities.
During a search of Myers’ belongings, marshals discovered several plastic baggies containing mixed medications, with two of them being empty. Myers indicated that he had taken anxiety medication earlier that day and was unsure of the time in relation to his flight to Las Vegas.
Prior to his release, Myers stated that he felt confident he could prove his sobriety and had requested a breathalyzer test while being detained. Despite being handcuffed, he maintained that the option for a breathalyzer or a blood test to verify his alcohol levels was not presented to him at the time.
Upon arrival at the City of Las Vegas Detention Center, an emergency medical technician collected a blood sample from Myers. As of now, the results of that blood test have yet to be disclosed. A hearing initially scheduled for May 10 to discuss the results was later canceled.
Myers later sought out an independent lab after his release, which subsequently reported that no substances were detected in his system, adding to the contention surrounding his arrest.
As of Monday, city attorneys charged Myers with multiple offenses, including one count of driving under the influence, one count of reckless driving, and one count of no proof of insurance.
In response to the situation, Myers’ attorney Adam Breeden has publicly disputed the findings of the toxicology report and continues to advocate for his client.
“This is an ongoing legal battle,” Breeden stated, mentioning the next scheduled hearing set for June 25.
In a broader context, this case has led to the filing of federal lawsuits against the City of Las Vegas. Myers and Breeden have claimed that Myers was wrongfully arrested due to City Marshals executing authority beyond their jurisdiction.
Las Vegas City Marshals are part of the Department of Public Safety, a unit established in 1982, initially as park rangers, later gaining Category 1 peace officer status. This status allows them to conduct investigations, make arrests, and issue citations, but only within certain limitations mandated by state law.
State regulations explicitly outline the restricted scope of authority for the City Marshals, allowing them to act primarily on city property such as parks and buildings, rather than stopping motorists on state highways.
Breeden emphasized the limitations placed on marshals, asserting, “Under the Nevada Revised Statutes, these are not officers — that is, the city marshals — that have unlimited statewide jurisdiction. They should only be enforcing traffic laws within the confines of city property and not on public roadways like U.S. 95.”
In addition to Myers’ lawsuit, a second lawsuit was filed in April by another individual alleging unlawful detention and assault during an illegal traffic stop conducted by City Marshals, further spotlighting concerns over their operational authority.
The ACLU has stepped in, requesting judicial recognition that the Las Vegas City Marshals Office has misinterpreted the extent of its authority under Nevada law.
ACLU Executive Director Athar Haseebullah reiterated their goals, stating, “We don’t want to see this happen to anyone again. They need to understand what their limitations are and comply with the law. It’s unacceptable for government agencies to disregard the law while expecting citizens to follow it.”
As the legal ramifications unfold, both Derek Myers and the City of Las Vegas find themselves embroiled in a complex dispute that raises questions not only about law enforcement authority but also about the conduct of public servants in the execution of their duties.
image source from：https://www.ktnv.com/13-investigates/man-accusing-las-vegas-city-marshals-of-wrongful-arrest-now-faces-dui-charges
