In a news release from the Nye County Sheriff’s Office and also an article in the Pahrump Valley Times, it is learned that Ted Holmes, a candidate for election to the office of Sheriff of Nye County, has been arrested.
According to the Nye County Sheriff’s website
On 03/12/2010 the Nye County Sheriff’s Office received a complaint from an out of state police officer who was in Pahrump on official police business.
The police officer reported that he was approached by a male, later identified as Robert Theodore Holmes, 56, Pahrump, Nevada, at the Pahrump Nugget. He reported that Holmes flashed some sort of “deputy” badge at him and advised him he was committing a crime by having his gun visible with a badge from another state. Holmes further told him that an arrest could be made in this situation.
NCSO General Assignment detectives obtained a search warrant for Holmes’s person to obtain the badge and wallet.
NCSO General Assignment detectives and street crime deputies located Holmes and advised him that they had a search warrant for his wallet. Holmes informed the detectives that they were not going to get the wallet from him. He then obstructed and resisted detective’s efforts to secure his wallet pursuant to the search warrant.
Holmes was taken into custody and the evidence was seized.
Holmes was booked into the Nye County Sheriff’s Office on the above charges and is currently awaiting bail ($3132.00).
According to the Pahrump Valley Times, reported by Gina B. Good:
Ted Holmes, considered the leading challenger to Sheriff Tony DeMeo’s re-election this year, was arrested Friday, March 12, on charges of impersonating an officer and resisting arrest.
…
Holmes denies both charges, saying “The arrest was politically motivated to discredit me.”
The out of state officer was outside the the Pahrump Nugget waiting to be picked up and taken to court to testify when the contact with Holmes was made. The Sheriff’s Office obtained a search warrant from Justice of the Peace Kent Jasperson to obtain Holmes’ badge and wallet.
As reported in the PVT
The official statement says when Holmes was located, he told the detectives they were not going to get the wallet from him.
Sheriff DeMeo, running for re-election, turned the matter over to Assistant Sheriff Rick Marshall.
Holmes is a retired deputy sheriff with 11 years of service at the Riverside Sheriff’s Department in California. He denies resisting arrest and said he was not shown a copy of the search warrant until he was at the jail.
“I have never been convicted of a crime in my life, said Holmes, 56, at his campaign headquarters at 111 S. Frontage Road. “I am a retired, service-disabled veteran. I’m a decorated Navy SEAL with 24 medals including combat from Vietnam to Desert Storm.”
“I am honorably retired from Riverside,” he said.
Homes explained he was leaving the Nugget after a political breakfast with Frank Maurizio, a Pahrump Town Board member.
“There was a cop leaning against the wall wearing a badge I had never seen before, and I was curious where he was from,” he said.
Holmes asked the officer where he was from. “Indiana,” the visiting officer said.
Holmes informed the officer that Nevada is an open carry state and he didn’t need to wear his badge. The Indiana officer told Holmes he was here on “official business.”
“I asked him what kind of business and he said ‘None of your fucking business.’”
“I was thinking he was a fake cop because he didn’t ID himself. I told him if he was impersonating a police officer he could be arrested.”
Holmes undertook to tell the Indiana officer he had no jurisdictional authority in Nevada and was putting his department “in a culpable situation.”
The Indiana officer asked Holmes who he was and that Holmes showed his badge and told the officer he was a retired deputy sheriff. “My badge says ‘retired’ right on it. Coming out here doesn’t give him the right to jeopardize his department by wearing a badge and gun.”
The Indiana officer never showed his ID, according to Holmes.
Fast forward to 4:00 p.m. Holmes was at Calvada Meadows Airport (he owns a hangar there) when he received a phone call from Nye County Sheriff’s Detective David Boruchowitz. Boruchowitz asked to meet with Holmes saying “the president of the local law enforcement union wanted some information because it was considering offering its support in Holmes’ run for sheriff against DeMeo.”
Boruchowitz, Detective Joe Close and Deputy John Kakavulius arrived at the hangar.There were “introductions and handshaking all around.”
Holmes said that Boruchowitz told him the visit was a ruse to serve a search warrant.
“I asked him to show me the warrant, but he refused. I told them to get the hell out, revoking their authority to be there under the law. I pointed to the door, and at that time they had me surrounded and stepped toward me.
“One of them said, ‘There’s a gun.’ I have a shotgun in the hangar for my protection, but it was in a corner, not within my reach. I also have a single shot rifle that was at the other end of the hanger.”
Holmes refused to allow the police officers to take photographs, but they did anyway. “They moved my guns together so it looked like the two guns were together.”
To Holmes’ contention he did not attempt to resist arrest Detective Boruchowitz retorts “That is a lie.”
Holmes pointed to the door of the hangar to show the police officers the way out when he was told he was under arrest.
“While I was moving my arms around to the back to be cuffed, Boruchowitz said, ‘Tase him, Tase him.’ I was bent forward with my hands behind my back and stopped over. I looked up at the young deputy and said, ‘You don’t want to tase me” and he put it away.”
“Boruchowitz confirmed he would have tased Holmes had the Taser been in his possession; however, his account of what happened varies from that given by Holmes,” reported the PVT.
“Not only did he resist giving his wallet, but he made a move toward a loaded shotgun that was against the wall,” the detective said. “We moved to take physical control of him at that point, and when we tried to get him into handcuffs a brief struggle ensued, and only the threat of being Tasered got the situation under control.”
Holmes said “I finally saw it (the search warrant) at the jail. They had a search warrant for my wallet, not an arrest warrant. The warrant says the affidavit is sealed, so there is confidential information they don’t want exposed,” he said.
Holmes also said he was not carrying his handgun while he was at the Pahrump Nugget or at his airplane hangar.
………………..
An unexpected occurrence. A candidate for sheriff is searched and arrested by the law enforcement agency for which he is running for election to head up.
The entire matter, presumably, will be submitted to the Nye County District Attorney, Bob Beckett, for prosecution. Beckett must decide whether he will prosecute the case. Beckett, himself is also running for re-election.
Then there will be the affidavit for the search warrant, once it is unsealed. The affidavit will be scrutinized to determine whether the search warrant was legally valid and not violate the 4th Amendment to the Constitution. That will bring into focus whether Justice Court Judge Kent Jasperson issued a legal search warrant or not.
That is just the legal implications, then there are the political aspects to all this. Depending on how this all finally concludes voters will learn something about Holmes and DeMeo and their characters, qualifications and competency to be Sheriff. Something about the manner in which deputies of the Sheriff discharge their duties.
It will also shed some light on those running for District Attorney, their characters, qualifications, competency and objectivity in enforcing the law of the land, their courage or lack of it.
Finally, some light on Nye County’s judiciary, specifically Judge Jasperson. Did he or did he not issue a valid search warrant founded upon probable cause, meeting the requirements of the 4th Amendment?
Then there will be possible impacts on how all this plays out in the political arena. What kind of justice system does Nye County have? How will it affect voters? How will the voters dissect it all? Then, lastly, what verdict will they render at the ballot box.
This will be a very interesting election season.
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First, I am not even from Phrump and I don’t even know Mr. Holmes but, I surely remember his face since I met him about month ago on a public meeting. He approached me and asked who I was. I gave him my card and asked him ”..and who are you?” He responded I am a federal agent. so this story doesn’t look that unreal, since Mr. Holmes introduced himself as a federal law enforcement officer. Now, few weeks later I see his picture in news paper after being arrested for impersonating police officer. The article just cracked me up…because my experience form few weeks ago. It was strange to me that he was so reluctant to tell me his name…
He sounded like pretty nice individual, but obviously he’s going aroung pretending to be someone he is not. Never mind being that felony. I would think twice to elect this guy as sheriff since honesty is not exactly his primary value.
Oh my god, this really cracked me up.
Thank you for the comment J. Of course Mr. Holmes hasn’t been convicted of anything as of this moment. All we know is what we read in the newspapers. I’ll wait to see what develops if and when this matter goes to trial.
Since Mr. Holmes is a candidate for Sheriff in Nye County and the primary election is scheduled for early June we may not know the full story by the time we vote.
Thanks again for your input.
.-= Featheriver´s last blog ..Filling out my Census 2010 form =-.
These facts we do know. Ted is a retired SEAL. He is a retired Riverside Cop. Why would Ted have to say anything else? I worked with Ted and this does not sound like something he whould do.
Hi Bill. I don’t know Mr. Holmes at all. I remember him running for Sheriff in the last off-year election. I suppose, if his case goes to trial, that we’ll know whether what he is charged with is or is not something he would do. Thanks for the comment.
I don’t think he has to say anything else. I don’t personally know him. One doesn’t necessarily get all the pertinent facts from newspaper accounts. Guess we’ll see what we see as time goes by.
Thank you for your comment.
.-= Featheriver´s last blog ..Butch Borasky Candidate for Re-election as Nye County Commissioner =-.
I’m not a local, but have been following this story because I find it quite interesting. Tons of conflicts are coming from all sides in this and it all smells quite politically motivated no matter how you look at it.
The only thing that I feel confident of is the statement made by Featheriver about the state of justice in Nye County.
Are the current office holders going to do the right thing here, or not?
If they don’t…..should they be re-elected?
Thank you for the comment Randy. We probably will not find out for awhile, if ever, whether the arrest of Holmes was politically motivated. Holmes has said it is. The Sheriff’s office denies it is politically motivated.
If it turns out that his arrest was politically motivated then in my judgment those that instigated the arrest should not be re-elected. But it may be difficult to make a valid determination.
Assuming the arrest was carried out for political advantage, the question is will Nye County voters hold those responsible accountable? I can’t say, with confidence, they will or won’t.
.-= Featheriver´s last blog ..Butch Borasky Candidate for Re-election as Nye County Commissioner =-.