LAS VEGAS (KTNV) — City of Las Vegas attorneys have now filed charges against an Ohio journalist who has accused City Marshals of wrongfully arresting him.
WATCH: The latest updates in our investigation
In March, 13 Investigates broke the story of Derek Myers, who was in town for the Consumer Electronics Show earlier this year. On January 9, City Marshals stopped Myers on U.S. 95 near the Craig Road off-ramp.
WATCH: Our investigation begins after Derek Myers reached out to 13 Investigates alleging Las Vegas City Marshals overstepped their authority.
According to a newly-released arrest report by DPS officers, marshals stated they were driving northbound on U.S. 95 when they saw a Chevrolet Equinox, being driven by Myers, which switched lanes behind them in the HOV lane. Officers state Myers sped up, started following their patrol vehicle too closely, began driving on the left shoulder, and wasn't able to stay in his lane. They also state Myers was speeding, going 80 miles per hour in a 65 mile per hour zone.
Marshals pulled Myers over and state he was talking on his cell phone when officers approached the vehicle. They claim when they asked Myers for his license, registration, and insurance, Myers replied by saying "I've been through this before. You don't know [who] you're f***ing with so keep doing your thing." Officers state Myers had called 911 stating marshals had "kidnapped" him.
That is backed up in newly-released body camera footage from Las Vegas City Marshals.
"He's just being argumentative," one marshal questioned.
"Yeah. He's like we have no right to stop him. We have no authority. He says that he's a law student. I assume that's what he's making it out to be," another replied. "He made a comment saying you're kidnapping me. When you're driving at a high speed, driving so close behind me to the point where there's no room, and then he starts driving on the shoulder trying to pass me but you can't, it's the shoulder ... We let him through and he starts to go 80+."
Nevada Highway Patrol troopers then arrived at the scene and asked Myers to step out of his vehicle. The report states Myers' eyes "did appear to be droopy, watery, and had constricted pupils" and he failed several field sobriety tests.
While searching through Myers' things, marshals found several individual plastic baggies that contained mixed medications. They state two of the plastic baggies were empty.
Myers told officers that he took medication for anxiety and that it helps him sleep. He added he took one and a half of the pills before his flight to Las Vegas earlier that morning but didn't know what time that would have been. He landed in Las Vegas around noon.
Myers previously told 13 Investigates that he was not speeding or under the influence and he was willing to prove it.
"I did ask for a breathalyzer while I was being detained and was handcuffed. Highway Patrol was on the scene. They most likely had the equipment," Myers previously said. "If not, they could have taken me to a blood alcohol control center. At no point was that offered to me."
The arrest report states Myers was taken to the City of Las Vegas Detention Center.
While on the way, he can be heard on marshals' body cameras threatening the marshals saying, "the difference between you and I, I've got unlimited resources and I can bleed you until you're dry" and "I will have a private investigator follow every move you make for the next 12 months".
When they arrived at the detention center, an emergency medical technician did obtain a blood sample from Myers. As of Tuesday, the results of that blood test have not been made public. In fact, a hearing on May 10 was scheduled to go over those results but it never happened.
WATCH: Unlawful stop or justified detention? Derek Myers challenges Las Vegas City Marshals in ongoing legal battle
Myers went to an independent lab after he was released from jail in January. Myers' attorney, Adam Breeden, says those results showed nothing was in Myers' system.
On Monday, city attorneys charged Myers with one count of driving under the influence, one count of reckless driving, and one count of no proof of insurance.
They also released the following statement.
"Yesterday the city of Las Vegas filed criminal charges against Derek Myers for driving under the influence (DUI), reckless driving and failure to provide proof of insurance upon demand. These charges stem from an incident on Jan. 9, 2025, that posed a clear and immediate risk to public safety.
With the filing of formal charges, the city will now release redacted incident reports and body-worn camera footage that capture Mr. Myers’ conduct. The reports clearly depict willful and wanton disregard for the safety of others—prompting Las Vegas city marshals to intervene and conduct a vehicle stop.
Upon contact, Mr. Myers demonstrated several signs of impairment while performing standardized field sobriety tests, as documented by the officers on scene. Toxicology results later confirmed the presence of impairing prescription medications and controlled substances in his system.
The city of Las Vegas remains committed to protecting our community against reckless and unlawful behavior that endangers public safety."
I reached out to Myers' attorney, Adam Breeden, who disputes those toxicology results.
"The City of Las Vegas faces almost certain exposure for millions of dollars in a federal civil rights class action case concerning hundreds if not thousands of persons wrongfully detained and arrested by City marshals clearly operating outside of their jurisdiction.
Today, the City of Las Vegas incredibly filed DUI criminal charges against Mr. Myers over his arrest several months earlier. In reviewing the criminal complaint, it is apparent that instead of implicating my client, the toxicology results the City has (which the City still will not provide to us) exonerate Mr. Myers of any impaired driving and showed no alcohol, marijuana or hard drugs in Mr. Myers' system. Seemingly out of spite, the City proceeded to charge Mr. Myers regardless of these results in a forum where he will not receive a jury trial by his peers.
He was charged for having minor amounts of an anti-depressants taken 12 or more hours prior to his arrest. Under the statutory section used by the City, they could argue that anyone drinking several cups of coffee is under the influence or impairment of too much caffeine and file charges against them for impaired driving.
The City had to use a vague, subjective standard for impairment to make themselves look righteous because the actual toxicology results establish Mr. Myers did not have a blood alcohol level of any drug actually in excess of any statutorily-defined limits.
The City could probably arrest thousands of people daily for having minor amounts of antidepressants in their system but, of course, they have charged only the man who stood up for his rights and filed a class action lawsuit against them.
The City's actions are, in short, reprehensible and there is no doubt that any person that had not filed a multi-million dollar civil case against the City would never have been charged. Mr. Myers was a safety threat to no one that evening except the rogue City marshals. Shame on the City for its actions today."
At last check, the next hearing in the case is scheduled for June 25.
This case also led to several federal lawsuits being filed against the City of Las Vegas.
Myers and Breeden filed one and have repeatedly said Myers was wrongfully arrested due to City Marshals acting outside of their jurisdiction.
Marshals are part of the City of Las Vegas Department of Public Safety. City records show the unit was established in 1982, first as park rangers. Their jurisdiction was later expanded to make them Category 1 peace officers, meaning they can conduct investigations, make arrests and issue citations.
However, state law says they can only do that in certain places because they're what's called a "limited jurisdiction" agency.
Limitations on the city marshals office were part of a legislative bargaining that dates back several decades to when the Las Vegas Metropolitan Police Department was formed.
"Under the Nevada Revised Statutes, these are not officers — that is, the city marshals — that have unlimited statewide jurisdiction," Breeden previously told 13 Investigates. "They're limited only to city property such as parks or city buildings. They should not be out there on the highway stopping people for traffic infractions."
A second lawsuit was filed against the city in April after a man claims he was unlawfully detained and assaulted during an illegal traffic stop.
WATCH: Second civil rights lawsuit accuses City of Las Vegas Marshals of abusing their authority
The ACLU is asking the court to declare that the "Las Vegas city marshals office misinterpreted the scope of its authority... Under Nevada law."
"We don't want to see this happen to anyone again. They need to understand what their limitations are and comply with the law," ACLU Executive Director Athar Haseebullah previously told 13 Investigates. "It's ridiculous that the city and any other government will continue to ask people to follow the law when they continue to disregard it themselves."