Derek Myers, a motorist who initiated a federal lawsuit against Las Vegas following his detention on DUI suspicions, has now been charged with DUI, reckless driving, and failure to provide proof of insurance.
The charges were filed this week, with city officials revealing the details in an official complaint.
Myers, through his attorney Adam Breeden, criticized the city’s actions as reprehensible, asserting that had Myers not filed a multi-million dollar civil case against the city, he would not have been charged.
Breeden emphasized that on the night of the incident, Myers posed a safety threat only to the city marshals involved.
Myers’ ordeal began on the evening of January 9, when he was stopped on Interstate 11 near Craig Road.
According to the arrest report, marshals alleged that Myers was tailgating their cruiser and then maneuvered onto the highway’s shoulder.
After they allowed him to pass, marshals claimed Myers continued at a high speed before they decided to stop him and notified the Nevada Highway Patrol.
Upon being approached, Myers reportedly displayed uncooperative behavior and refused to provide his driver’s license initially.
The arrest report stated that he argued with a marshal, claiming that the officer lacked jurisdiction in the matter.
When informed of his detention, Myers allegedly described his situation as being taken ‘hostage’ and called 911, asserting that he was being ‘kidnapped.’
A Nevada Highway Patrol trooper eventually arrived and urged Myers to exit his vehicle.
Observations noted in the report described Myers as appearing drowsy and that he failed the field sobriety tests.
He disclosed to the marshals that he had been taking daily medication for anxiety and sleep issues.
Subsequent to his arrest, marshals found pills in his possession and within a backpack, although the report did not disclose the medication’s identity.
After the incident, blood was drawn from Myers, and he was taken to the city’s municipal jail.
As per a city spokesperson, toxicology results later confirmed the presence of impairing prescription medications and controlled substances in his system.
When questioned about the delay in filing charges against Myers, the spokesperson noted that investigators had been waiting for lab results.
They further clarified that the charges were filed within the statute of limitations, which allows one year for such actions.
In March, Myers filed his lawsuit against the city, claiming that his vehicle was searched without consent or a warrant.
The lawsuit categorized the marshals’ actions as those of “a rogue law enforcement agency brazenly operating outside its legal authority.”
In his suit, Myers named marshals Jason Brooks and Sergio Guzman along with Las Vegas Department of Public Safety Chief Jason Potts.
A Nevada law, referenced by both parties, limits the marshals’ authority to enforcing state laws and city or county ordinances on properties under the political subdivision’s control.
Breeden disclosed concerns that many individuals could have been subjected to wrongful arrests by marshals acting beyond their jurisdiction.
He also claimed that the city had not provided the toxicology results he believed would vindicate Myers.
Breeden mentioned that Myers had only taken minimal amounts of an anti-depressant over 12 hours before the traffic stop.
The attorney asserted that the city utilized vague, subjective criteria concerning impairment to justify their actions since the actual toxicology results indicated that Myers did not exceed any legal limits for drug or alcohol impairment.
Breeden accused the city of retaliating against his client, as they charged only Myers, who had stood up for his rights by filing a lawsuit.
In a counter-move, the city filed a motion last month seeking to dismiss Myers’ lawsuit.
They contended that the marshals were authorized to carry out the traffic stop and the arrest due to the need to prevent further recklessness on Myers’ part.
Breeden countered with an opposition to this motion last week.
As of Wednesday, a judge had yet to make a ruling on the ongoing motions.
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