Nevada Police Officer Indicted for Using Excessive Force Against Student and School Staff Member
The Justice Department announced today that a federal grand jury in Las Vegas returned a five-count indictment charging Clark County School District Police Officer James Lescinsky, 45, with unlawfully assaulting two people at the Jeffrey Behavior School on May 21, 2015, and then attempting to cover it up.
Lescinsky allegedly violated the right of the school staff member, identified only as T.R., not to be deprived of liberty without due process of law and the right of the student, identified only as A.N., to be free from unreasonable seizure. The indictment alleges that Lescinsky unlawfully assaulted T.R. by striking her with a dangerous weapon, his police-issued baton, which caused bodily injury. Lescinsky also allegedly unlawfully assaulted A.N. by striking her with the baton and slamming her into a hallway wall and floor at the school.
Lescinsky is also charged with witness tampering for making false representations to a supervisor and with falsifying official reports. After the incident, Lescinsky informed his supervisor that the assault occurred because T.R. and A.N. were wrestling, when he knew that to be false. He similarly falsified an official incident report and use of force report.
The maximum sentence for deprivation of rights under color of law is 10 years in prison. The maximum sentence for witness tampering and false reporting is 20 years in prison. An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty.
This case is being investigated by the FBI’s Las Vegas Division. It is being prosecuted by Trial Attorneys Adam Harris and Dana Mulhauser of the Civil Rights Division’s Criminal Section.