LAS VEGAS (KTNV) — Tim McCoy, his sister Alissa King, and their friend Kenny Kennedy are suing the city of Las Vegas and six marshals after a case of mistaken identity at the Fremont Street Experience in late 2023.
The federal case alleges unlawful arrest, excessive force, and falsifying police reports.
"It made me feel like an animal," Tim said.
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In Marshal Jorge Caloca's police report from that incident, he said they were looking for the driver of a black Dodge Durango who allegedly made a threatening hand gesture towards officers.
But Tim, Alissa and Kenny weren't in a black Durango. They were driving a silver Hyundai sedan. And Tim — the driver of the Hyundai — did not make the hand gesture.
"What was the probable cause to even stop anyone in this case — be it the Durango driver or your client?" I asked. "Is making a hand gesture against the law?"
"I don't believe that it is," said Attorney George Robinson, who's representing Tim, Alissa and Kenny. "And as part of our lawsuit, we stated that there was no probable cause at all. The officers were just extremely aggressive, and I think that they were just mad about this person giving this hand gesture. And to top it off, it's the wrong person!"
Robinson says his clients were met with unprofessionalism and outright aggression when trying to get answers about the person who did supposedly make the hand gestures.
Officer Caloca "was so irate, so mad off the bat that, there was no de-escalating it," said Alissa.
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The following exchange was captured on both cell phone and body camera footage:
Kenny Kennedy: Can you tell me what car he (the person who allegedly made hand gestures) drives?
Marshal Jorge Caloca: It doesn't matter. It literally does not matter. You wanna go to jail too? We can take you to jail too.
Marshal Sergio Guzman: We don't have to tell you guys anything at this point.
Kenny: Because ya'll don't know the car! Because ya'll don't know who did it!
Caloca: I detained him (Tim). It doesn't matter.
Kenny: It doesn't matter because you detained him?
Caloca: It doesn't matter.
Kenny: You don't know who did it!
Caloca: Okay. He (Tim) is still going to jail, regardless.
Kenny: Oh, because he's a black man! (The officer shrugs) And he was just the first one you saw, huh?
Caloca: Okay.
Kenny: It could have been me! It could have been anybody!
Guzman: That's all you guys do! You play the race card! It's not about that! It's not about that!
Kenny: Then what is it about?!
Guzman: Committing crimes!
Marshals Sergio Guzman and Jorge Caloca are front and center in all the cell phone and body camera video.
Guzman to Kenny: I'm telling you to back up. Now you're being detained.
Marshal off camera: Tase him! Tase him! You're gonna get tased! You're gonna get tased!
Kenny: Man! My hair!
Alissa: Don't grab his dreads! I saw you!
Marshal: I could arrest you right now too!
Alissa: For what?!
Marshal: For trying to intervene!
Ultimately — citing lack of evidence — marshals did not arrest Tim. He was given a misdemeanor citation and Kenny was arrested and charged with battery on an officer.
"The officers in the case really make a number of misrepresentations in the report." said Attorney Robinson. "They misrepresent what was said, they misrepresent what they did, they even misrepresent what my client had in his pocket at the time. They said that he had a Dodge Durango key in his pocket, and it just wasn't to be found."
"So, that was just a blatant lie?" I asked.
"Yes," said Robinson. "The officers in this case just put lies in the report."
The charges were later dropped, and both cases were dismissed.
"My clients filed reports with Internal Affairs shortly after this situation happened, before they even came to me," said Robinson. "And I don't think that there's been any discipline whatsoever."
We won't know if there's been any disciplinary action. The city claims it can't tell us due to employee privacy protections.
But here's what we have since learned.
Officer Jorge Caloca recently left the marshals. A city spokesperson confirmed "Caloca separated from the city of Las Vegas on July 3, 2025."
Two weeks later, on July 17, he was hired as a probationary officer with the North Las Vegas Police Department.
After our story aired, I reached out to NLVPD and to North Las Vegas elected leaders asking for comment on Caloca's interactions as caught on the cell phone and body camera footage in our report. I also asked about the allegations that he falsified his police report to justify those actions.
North Las Vegas's communications manager responded in an email, writing, "Jorge Caloca is no longer employed by the city of North Las Vegas." His separation was effective Tuesday, Sept. 23, the day after I sent my email requesting comment.
When I asked why, the city said, "The details of his employment are part of his personnel record and therefore confidential."
I reached out to Caloca directly via phone and text but he did not respond.
I was also told that Marshal Sergio Guzman has been taken off the streets and reassigned to the Fremont Street security room to monitor surveillance cameras. When I asked why, a spokesperson said, "The city of Las Vegas does not discuss security deployments or assignment of public safety officers."