LAS VEGAS (KTNV) — After a nearly year-long legal battle, bodycam footage from an incident at Durango High School has been released by the Clark County School District.
HAPPENING NOW: ACLU speaks about release of CCSD bodycam footage
This is regarding an incident that happened on Feb. 9, 2023, which showed an altercation between white CCSD police officers and a group of mostly Black students.
Cellphone video sent to Channel 13 in the aftermath of the incident showed an officer slamming a high school student to the ground and pinning him underneath his knee, which prompted an investigation and calls from activists who want to see police removed from schools.
According to a crime report released Thursday night, Lt. Jason Elfberg took down the teen. The report states Officers Glaze, Risley, Turne, and Sgt. Bolden were also on scene.
The six separate bodycam videos released show officers detaining at least three Black teens.
The footage also shows officers shaking bottles and threatening to use pepper spray, warning the students, "Back up if you don't want to get sprayed. Back up. Back up."
According to the report, officers said three teens had gloves on, , and one seemed to be hiding a weapon. That's when they approached.
VIDEO: Nevada officer slams student recording police, kneels on him
Sources previously told 13 Investigates the students were walking toward a nearby fast food restaurant where they often go after school. School police said the incident stemmed from an investigation into a report of a gun near the school. Civil rights organizations, including the American Civil Liberties Union of Nevada, claim there was no gun and are calling the officer's actions into question. As of Thursday, CCSD still hasn't confirmed if officers found a firearm.
Here's a timeline of how we got here.
Feb. 9, 2023: The incident between CCSD police officers and students happens.
Feb. 15, 2023: The American Civil Liberties Union of Nevada states they sent a letter to CCSD informing the district they were legally representing two students seen in the video.
Feb. 21, 2023: ACLU lawyers submitted a public records request to CCSD for any video footage of the incident, including bodycam footage, photos, BlueTeam data related to the incident, witness statements, any reports by CCSD employees, any communications by CCSD employees discussing the incident, and any materials discussing discipline, sanctions, or reprimanding CCSD employees and students related to the incident.
March 14, 2023: ACLU states CCSD responded to those requests with a "flat out denial followed by a list of confidentiality exceptions and no further explanation". The agency states they asked for clarification.
March 21, 2023: CCSD emailed the ACLU back claiming the information it requested related to a "pending juvenile justice matter and therefore could not be released". The district asked ACLU lawyers to get consent from their clients to release the video to the general public. The ACLU told the district its representation of the students means confidentiality provisions don't apply.
March 27, 2023: ACLU lawyers said CCSD sent another email with a similar response to the email from March 21.
April 18, 2023: ACLU filed a lawsuit against CCSD asking for public records, including bodycam footage.
June 14, 2023: In court documents, CCSD officials deny allegations they've made no attempt or offer to release redacted records. They add it will take time to fully review what should and shouldn't be released.
July 11, 2023: Both parties appear in court. CCSD lawyers said they don't believe an on-duty government agency is required to maintain a public records request once it has been denied. They add a second request from the ACLU would be an extreme burden on the district because they only have one person in charge of their records.
Aug. 8, 2023: In another court hearing, lawyers for the ACLU and CCSD discuss how to narrow down email searches for thousands of pages connected to the incident. The judge requested that someone from the district's IT department show up for the next hearing.
Aug. 31 and Sept. 1, 2023: Both parties are back in court. A member of the district's IT department testifies on how staff and teacher emails can be searched and the amount of documents that could be stored on the server. Lawyers debate access to emails and voice concerns over privacy. The court doesn't address other records requests.
Dec. 18, 2023: A Clark County judge rules the CCSDPD bodycam footage can be released to the public.
Dec. 19, 2023: ACLU lawyers ask the court for additional records like emails, possible interviews, and records from an internal investigation.
Jan. 18, 2024: Bodycam footage of the incident is released to the public.
Channel 13 spoke with ACLU of Nevada Executive Director Athar Haseebullah after the judge's ruling on Dec. 18.
"We're frustrated. We're happy with the decision today and the court's requirement that the school district turn over these body camera videos," Haseebullah said. "But it's pretty ridiculous that it's come to this point."
After the videos were released on Thursday night, Channel 13 reached out to CCSD and ACLU of Nevada for comment. However, we have not heard back as of 11 p.m.
CCSD officials told Channel 13 more information is expected to be released in the coming weeks. Court records show that a hearing on additional records is scheduled for March 19, 2024.
