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EV
Event Number: STATE OF NEVADA Accident Number:
090720-3376 TRAFFIC ACCIDENT REPORT LVMPD-090720-3376
SCENE INFORMATION SHEET
Code Revision: Revised 1/14/04 Property Injury Fatal

Urban Emergency Use Hit and Run

Agency Name:
Preliminary Report Resubmission
Rural Office Report Private Property 2 - LAS VEGAS METROPOLITAN POLICE
Initial Report Supplement Report DEPARTMENT
Collision Date Time Day Beat / Sector Surface Intersection Paddle Markers
County City
7/20/2009 19:49 MONDAY W1 Asphalt Four Way
LAS VEGAS None
> Four Way
Concrete Left Side
T
Mile Marker # Vehicles # Non Motorists # Occupants # Fatalities # Injured # Restrained Right Side
Gravel Y
Both Side
1 0 2 0 2 2 Roundabout
Dirt Unknown
Other
Other
Occurred On: (Highway # or Street Name)
1) Parking Lot LAKE MEAD BLVD Access Control

At Intersection With: None

Of (Cross Street) Full
Or Feet Miles Approximate SAWYER AVE Partial
Roadway Character Roadway Conditions Total Thru Lanes Average Roadway Widths Roadway Grade
Main Road Travel Lane Ft Relative To
Curve & Grade Dry Slush 12
Curve & Hillcrest Icy Standing Water One Not Determined
Curve & Level Wet Moving Water Two Storage / Turn Lane 12 Ft
Three Relatively Level
Straight & Grade Snow Unknown Roadway
Straight & Hillcrest Sand / Mud / Oil / Dirt / Gravel Four Median 0 Ft
Five Up Slope (+) Grade
Straight & Level Other
Unknown >5 Paved Shoulder
Down Slope (-)
Other Inside Outside
%
Total All Lanes: 9 0 0

Pavement Markings and Type Highway Description Weather Conditions

4 Centerline, Broken Yellow No Passing, Either Direction None
Two-Way, Not Divided Clear Fog, Smog, Smoke, Ash
Centerline, Solid Yellow Turn Arrow Symbols Unknown Two-Way, Div.,Unpro,Median Cloudy Severe Crosswinds
Centerline, Double Yellow Center Turn Lane Line
Two-Way, Div.,Median Barrier Snow Sleet / Hail
One-Way, Not Div. Rain Unknown
4 Lane Line, Broken White Edge Line, Left, Yellow Unknown Blowing Sand, Dirt, Soil, Snow
Lane Line, Solid White Edge Line, Right, White Off Road Other

Other

Light Conditions Vehicle Collision Type Location of First Event

Dusk Dark - No Roadway Lighting Head On Rear to Rear Travel Lane Outside Shoulder Ramp
Dawn Dark - Spot Roadway Lighting Rear End Sideswipe - Meeting Turn Lane Intersection Unknown
Daylight Dark - Continuous Roadway Lighting Backing Sideswipe - Overtaking Gore Private Property
Unknown Dark - Unknown Roadway Lighting Angle Non - Collision Median Roadside
Other Unknown Inside Shoulder Other

Highway / Environment Factors Property Damage To Other Than Vehicle

None Shoulders Ruts, Holes, Bumps Describe Property Damage
Weather Road Obstruction Active Work Zone
Debris Worn Traffic Surface Inactive Work Zone Owner's Name (Last First Middle) : 1) Owner Notified
Glare Wet, Icy, Snow, Slush Animal In Roadway CLARK COUNTY
Other Highway Unknown SCHOOL
Owner's
DISTRICTAddress: (Street Address City, State Zip)
Other Environmental 400 E STEWART AVE LAS VEGAS NV 89101

First Harmful Event

Code #: 214 Description: 214 MOTOR VEHICLE IN TRANSPORT
Description of Accident / Narrative
V1 WAS TRAVELING WEST ON LAKE MEAD IN T-2 OF 3 EAST OF SAWYER. AS V1 WAS TRAVELING
WEST HE LOST CONTROL SWERVING LEFT THEN OVER CORRECTED RIGHT CAUSING HIM TO SPIN IN A
WESTERN DIRECTION. WHILE SPINNING HE TRAVELED 169FT THEN LEFT THE ROADWAY RIGHT. ONCE
LEAVING THE ROADWAY HE STRUCK THE NORTH WEST CORNER OF SAWYER AND LAKE MEAD. HE
TRAVELED 7 ADDITIONAL FEET AND STRUCK THE FRONT CINDER BLOCK WALL OF 4601 SAWYER.
AFTER HITTING THE WALL WITH THE DRIVER SIDE HE SPUN BACK TO THE LEFT AND STRUCK A

Investigation Complete Photos Taken Scene Diagram Statements# Date Notified Time Notified Arrival Date Arrival Time

Yes No Yes No Yes No Yes No 7/20/2009 20:01 7/20/2009 20:20

Investigator(s) ID Number Date Reviewed By Date Reviewed Page

8734 D. FLETCHER 8734 7/20/2009 5629 JEFFREY 7/20/2009
RICHTER 1 of 4
 STATE OF NEVADA Accident Number:
Event Number: LVMPD-090720-3376
TRAFFIC ACCIDENT REPORT
SCENE INFORMATION SHEET Agency Name:
090720-3376 Revised 5/21/03 2 - LAS VEGAS METROPOLITAN POLICE
DEPARTMENT
Description of Accident / Narrative Continuation
STREET LIGHT POLE KNOCKING IT OVER BEFORE COMING TO A REST. ACCORDING TO THE DRIVER
HE LOST CONTROL OF THE VEHICLE IN THE CURVE. SINCE V1 WAS TRAVELING TOO FAST THROUGH
THE CURVE HE WAS FOUND AT FAULT AND CITED. BOTH DRIVER AND PASSENGER WERE TRANSPORTED
TO UMC TRAUMA FOR THEIR INJURIES. ONCE AT THE HOSPITAL IT WAS DETERMINED THE DRIVER
WAS UNDER THE INFLUENCE OF ALCOHOL AND A BLOOD DRAW WAS CONDUCTED. THE DRIVER WAS
ISSUED A CITATION FOR DUI ALCOHOL. AIC WAS BASED ON V1 LEAVING THE ROAD AND STRIKING
THE NORTHWEST CURB. THE OWNER OF THE PROPERTY BUTLER, JOHN OF 4601 SAWYER WAS GIVEN A
COPY OF THE REPORT IN PERSON FOR THE DAMAGE TO HIS WALL AND FRONT OF HIS HOUSE.

Indicate North

A.I.C.: 3FT W/W 7FT N/N

Page

2 of 4
Event Number: Accident Number:
090720-3376 STATE OF NEVADA LVMPD-090720-3376
TRAFFIC ACCIDENT REPORT
Vehicle # # Occupants
1) At Fault VEHICLE INFORMATION SHEET Agency Name:
Revised 1/14/04 2 - LAS VEGAS METROPOLITAN
1 2 2) Non Contact POLICE DEPARTMENT
Vehicle
5) Unknown Highway / Street Name:
Travel Lane #:
Direction 1) North 3) East
LAKE MEAD BLVD
of Travel: 1
2) South 4) West

Vehicle 1) Straight 3)Left Turn 5) U-Turn 7) Wrong Way 9) Passing 11) Leaving Parked 13) Leaving Lane 15) Enter Parked (#) 17) Lane 19) Unknown
Action: Change
2) Backing 4) Right Turn 6) Parked 8) Stopped (^) 10) Racing 12) Entering 14) Other Turning 16) Driverless Vehicle 18)
Lane Other
Driver: (Last Name, First Name, Middle Name Suffix) Transported By: 1) Not Transported 2) EMS 3) Police 4) Unknown
BROWN DARIUS LV FIRE/RESCUE
5) Other
Street Address: Transported To:
PRVCY UMC TRAUMA
City: State / Country 1) Zip Code: Person Occupant
Seating
PRVCY PRVCY
NV PRVCY Type: 1 Position: 1 Restraints: 7

1) Male 3) Unknown DOB: Phone Number: Injury Injury

PII 1980
PRVCY Severity: C Location: 3 6 7
2) Female
OLN: State: 1) NV
License Status:
1) CDL Airbag Trapped: 0
PII NV Airbags: 3 Switch: 1 Ejected: 0
2) DL 0
Compliance: Endorsements Restrictions Driver Factors
1) Restrict 2) Endorse
1) Apparently Normal 6) Driver Ill / Injured
Alcohol/Drug Involvement
2) Had Been Drinking 7) Other Improper Driving
Method of Determination (check up to 2) Test Results:
1) Not Involved 3) Drug Involvement 8) Driver Inattention / Distracted
2) Suspected Impairment 1) Field Sobriety Test 4) Urine Test
4) Apparently Fatigued / Asleep 9) Physical Impairment
3) Alcohol 4) Drugs 2) Evidentiary Breath 5) Blood Test
5) Obstructed View 10) Unknown
5) Unknown 3) Driver Admission 6) Preliminary Breath
Test
Vehicle Year: Vehicle Make: Vehicle Model: Vehicle Type: Vehicle Factors
2006 CADILLAC CTS 4D
1) Failed To Yield Right Of Way 9) Failed To Maintain 16) Driverless Vehicle
Plate / Permit No.: State: 1) NV Expiration Date: Vehicle Color: Lane
662VZF NV 6/1/2010 BLACK 2) Disregard Control Device 10) Following Too Close 17) Unsafe Backing

Vehicle Identification Number: 3) Too Fast For Conditions 11) Unsafe Lane Change 18) Ran Off Road
1G6DP577660171067 4) Exceeding Speed Limit 12) Made Improper Turn 19) Hit and Run

Registered Owner Name: 5) Wrong Way / Direction 13) Over Correct/Steering 20) Road Defect (^)

1) Same As Driver
BROWN DARIUS AARON 6) Mechanical Defects 14) Other Improper Driving 21) Object Avoidance

Registered Owner Address: PRVCY 7) Drove Left Of Center 15) Aggressive / Reckless / Careless
8) Other 22) Unknown (#)

Insurance Company Name: 1st Contact Damaged Areas

TRAVELERS 2 4
1) Insured 1) Front
Policy Number: Effective: To: 2) Right Side
984781403 101 1 5/11/2009 11/11/2009 3) Left Side

Insurance Company Address or Phone Number: 1 5 4) Rear

5) Right Front
18778728737
6) Right Rear
Towed By:
1) Vehicle Towed EWING BROTHERS TOWING 8 7 6
7) Top
8) Under Carriage
Removed To:
TOW YARD 1) Override 2) Under Ride 9) Left Front

Traffic Control Distance Traveled Speed Estimate Extent Of Damage 10) Left Rear
After Impact From To Limit 4) Total 11) Unknown
F 1) Speed Zone 11) Stop Sign 1) Minor
2) Moderate 5) None 12) Other
2) Signal Light 12) Yield Sign 20
(1 - FEET) 35 3) Major 6) Unknown
3) Flashing Light 13) R. R. Sign
Sequence Of Events
4) School Zone 14) R. R. Gates Collision With Most Harmful
Description Fixed Object Event
Code #
5) Ped. Signal 15) R. R. Signal (#)
1st 214 214 MOTOR VEHICLE IN TRANSPORT
6) No Passing F 16) Marked Lanes
2nd 109 109 RAN OFF ROADWAY, LEFT
7) No Controls 17) Tire Chains/Snow Req.

8) Warning Sign 18) Permissive Green 3rd 108 108 RAN OFF ROADWAY, RIGHT
9) Turn Signal 19) Unknown 4th 319 319 FENCE / WALL
10) Other 5th 312 UTILITY POLE
312
Violation NOC Citation Number
1) NRS 2) CFR 3) CC / MC 4) Pending
(1) NRS DRIVER TO REDUCE SPEED AND... 1001 E09201220208727A
Violation NOC Citation Number
1) NRS 2) CFR 3) CC / MC 4) Pending
1102| NRS DUI-ACCIDENT (DRUGS ... E09201220208727B
(2) 1102
Investigator(s) ID Number Date Reviewed By Date Reviewed Page

8734 D. FLETCHER 8734 7/20/2009 5629 JEFFREY 7/20/2009 3 of 4

RICHTER
Event Number: STATE OF NEVADA Accident Number:
090720-3376 LVMPD-090720-3376
TRAFFIC ACCIDENT REPORT
VEHICLE INFORMATION SHEET Agency Name:
Revised 5/21/03
2 - LAS VEGAS METROPOLITAN
POLICE DEPARTMENT
Name: (Last Name, First Name, Middle Name Suffix) Transported By: 1) Not Transported 2) EMS 3) Police 4) Unknown
CASH CHRIS 5) Other LV FIRE/RESCUE
Street Address: Transported To:
4012 DES MONIES DR UMC TRAUMA

City: State / Country Zip Code: Person Occupant

STOCKTON 1) NV Seating
CA 95209 Type: 2 Position: 3 Restraints: 7

1) Male 3) Uknown DOB: Phone Number: Injury Injury

C 5
2) Female
PII 1980 2094746197 Severity: Location:

Airbag
Airbags: 2 Switch: 1 Ejected: 0 Trapped: 0

Name: (Last Name, First Name, Middle Name Suffix) Transported By: 1) Not Transported 2) EMS 3) Police 4) Unknown
5) Other

Street Address: Transported To:

City: State / Country Zip Code: Person Occupant

1) NV Seating
Type: Position: Restraints:

1) Male 3) Uknown DOB: Phone Number: Injury Injury

Severity: Location:
2) Female

Airbag
Airbags: Switch: Ejected: Trapped:

Name: (Last Name, First Name, Middle Name Suffix) Transported By: 1) Not Transported 2) EMS 3) Police 4) Unknown
5) Other

Street Address: Transported To:

City: State / Country Zip Code: Person Occupant

1) NV Seating
Type: Position: Restraints:

1) Male 3) Uknown DOB: Phone Number: Injury Injury

Severity: Location:
2) Female

Airbag
Airbags: Switch: Ejected: Trapped:

1) Trailing Unit 1 VIN: Plate: State: 1) NV Type:

Plate: State: 1) NV Type:

1) Trailing Unit 2 VIN:

VIN: Plate: State: 1) NV Type:

1) Trailing Unit 3

Commercial Vehicle Configuration 1) Commercial Vehicle 2) School Bus

1) Bus, 9 - 15 Occupants 6) Tractor Only 11) Tractor / Semi Trailer 1) Driver Source 4) State Reg.
2) Bus, > 15 Occupants 7) Tractor / Trailer 12) Passenger Vehicle, (Haz- 2) Log Book 5) Side Of Vehicle
Mat)
3) Single 2 Axle and 6 Tire 8) Tractor / Doubles 13) Light Truck, (Haz-Mat) 6) Other
3) Shipping Papers / Trip Manifest
4) Single > 3 Axle 9) Tractor / Triples 14) Other Heavy Vehicle
5) Any 4 Tire Vehicle 10) Truck with Trailer

Power Unit GVWR 1) Haz-Mat

Carrier Name:
1) < 10,000 Lbs 2) 10,000 - 26,000 Lbs 3) > 26,000 Lbs 2) Released

Carrier Street Address: City: State: 1) NV Zip:

Cargo Body Type Haz-Mat ID #: Type of Carrier NAS Safety Report #:

1) Pole 6) Van / Box 11) Grain, Gravel Chips
2) Tank 7) Concrete Mixer 12) Bus, 9 - 15 1) Single State
Occupants Hazard Classification #: Carrier Number:
3) Flatbed 8) Auto Carrier 13) Bus, > 15 Occupants 2) USDOT
4) Dump 9) Garbage/Refuse 14) Other 3) Canada Page
5) Uknown 10) Not Applicable 4) Mexico
4 of 4
5) None
 EV
Evidence

Your request is for evidence, not a public record.

A “record” is “[a] documentary account of past events, usually designed to

memorialize those events.” BLACK’S LAW DICT., 7th ed. ab., at p. 1023 (2000). A
“public record” is “[a] record that a governmental unit is required by law to keep,
such as land deeds kept at a county courthouse.” Id. “A public record, strictly
speaking, is one made by a public officer in pursuance of a duty, the immediate
purpose of which is to disseminate information to the public, or to serve as a
memorial of official transactions for public reference.” “Evidence,” on the other
hand, is “[s]omething (including testimony, documents, and tangible objects)
that tends to prove or disprove the existence of an alleged fact.” BLACK’S LAW
DICT., 7th ed. ab., at p. 457 (2000).
Materials obtained from a third-party during a criminal investigation by
legal process such as a warrant, subpoena or even consent are not public
records – they are evidence. The government only possesses the evidence for
the purpose of the criminal investigation. The evidence was not created by the
government nor is it owned by the government. Piedmont Publishing Co. v. City
of Winston-Salem, 434 S.E.2d 176, 177 (N.C. 1993) (holding that discovery of
materials gathered by state for use in criminal prosecution may be obtained by
defendant pursuant to rules of discovery, not by newspaper through a public
records request).
Moreover, providing evidence obtained through legal process, including
consent, would exceed the authority granted either by the court or by the
owner. See e.g., Wilson v. Layne, 526 U.S. 603, 119 S. Ct. 1692 (1999) (holding

Revised 6/23/2020
that when balancing a person’s Fourth Amendment right to be secure in their
persons, houses, papers, and effects, probable cause may justify a police entry
and seizure but it does not justify the media’s entry and/or seizure).

Here, you seek evidence, not a public record. Feel free to reformulate your
request. If you seek a particular record that is not evidence and is readily
available, LVMPD can proceed with researching your request.

Revised 6/23/2020
 PII
Personal Identifying Information

The record(s) you seek contain personal identifying information.

NRS 239.001 provides that public records are open to inspection.

However, NRS 239.010(1) expressly creates exemptions to the disclosure of
records falling under various statutes, including NRS 239B.030. NRS 239B.030
makes “personal information” confidential. NRS 603A.040 defines “personal
information” to include social security numbers, driver’s license numbers,
account numbers, and the like.
Here, because the record(s) you seek contain confidential personal
identifying information, they have been redacted.
 PRVCY
Privacy Interests

The record(s) you seek contain information the disclosure of which would
constitute an unwarranted invasion of a person’s privacy interests.

In Reno Newspapers v. Sheriff, 126 Nev. 211, 218, 234 P.3d 922, 927
(2010), the Nevada Supreme Court recognized that an individual’s privacy must
be balanced with the public’s general right to open government, “especially
because private and personal information may be recorded in government
files”). Later, in Clark County Sch. Dist. v. Las Vegas Review-Journal, --- Nev. ---,
429 P.3d 313, 319-20 (2018), the Court adopted a balancing test in which the
burden shifts to the requester of a record if the public agency demonstrates a
“nontrivial personal privacy interest” including “intrusion[s] into a person’s
reasonable expectation of privacy, seclusion, or solitude.” Privacy interests
include information that may cause “embarrassment, shame, stigma, [or]
harassment” or “endangerment, or similar harm.” Las Vegas Metro. Police Dep’t
v. Las Vegas Review-Journal, 136 Nev. Ad. Op 86, --- P.3d --- (2020). Medical
information, personnel files, details about sexual orientation, and other
information about a person’s life give rise to privacy interests. Clark County
Office of the Coroner/Medical Examiner v. Las Vegas Review-Journal, 136 Nev.
Adv. Op. 5, --- P.3d --- (2020).

Here, the record(s) you seek contain information the disclosure of which
would constitute an unwarranted invasion of a person’s privacy
interests. Therefore, they are confidential and must be withheld or redacted.