Las Vegas mother fights fireworks citation, aggressive enforcement in Clark County hearing

LAS VEGAS (KTNV) — Metro officers getting paid overtime to conduct covert operations... catching unsuspecting consumers... confiscating their purchases... and leaving them with hefty fines. All for buying what the consumers thought were legal fireworks for the Fourth of July.

In two recent 'Darcy what's the deal?' segments, we exposed the concern and confusion caused by law enforcement's heavy-handed tactics.

WATCH | With money lost and clarity lacking, this local mother reached out to Darcy Spears for help

Since those stories first aired, we've been working with two Las Vegas locals as they fight to get their money back and seek clarity for our community.

It was July 1 when Denise Huntsman took her children to the Moapa Band of Paiutes store to buy 'safe and sane' fireworks.

But seconds after leaving the store they were stopped on I-15 by Las Vegas Metropolitan Police Department officers who confiscated the family's purchases, leaving them with a $500 citation.

"It was pretty stressful," recalls 15-year-old Deegan Huntsman. "Three cop cars came up behind us and there were six cops surrounding us and all the windows had to be rolled down."

WATCH | Darcy Spears talks to mother caught in fireworks enforcement

"I felt so defeated that this had happened and that this could happen," Denise said. "I decided that I was going to reach out to you, especially after seeing that segment with the teacher."

She's talking about second-grade teacher Errol Aiken. He shared his story with 13 Investigates after he and his daughters bought items they were told were legal from the Phantom fireworks store in Pahrump.

They too got stopped by Metro, ticketed, and had their purchase confiscated within minutes of leaving the store.

WATCH | Teacher stopped by police and fined $500 for buying 'legal' fireworks

Metro says only 'safe and sane' fireworks are allowed in Clark County. And that's what the Huntsman and Aiken families thought they bought.

Last month, I asked Undersheriff Andy Walsh about what our viewers called overzealous enforcement — staging officers in Moapa and Pahrump to surveil and cite Las Vegas locals who believe they're following the law.

Undersheriff Walsh: The stuff that's sold in other counties is not legal. Don't bring it back.

Darcy Spears: No matter what it is? Even a sparkler?

Walsh: I can't speak, Darcy, about particular things like a sparkler. I don't know about that incident. We can certainly — I have people here who will look into that for me. I promise you that.

Metro did look into it, saying their officers did nothing wrong.

But Denise and Errol both refused to give up the fight, requesting hearings to contest their citations. We went with Denise to her Aug. 7 hearing where we were allowed to observe, but the county would not let us bring a camera.

You've got questions, and we want to help you get answers. Reach out to Darcy here and she will work to get an explanation and help ensure accountability.

In the hearing, we listened to Metro Officer Jose Garcia testify that he was part of a group of officers getting paid overtime to do fireworks enforcement. In Moapa, they had an undercover officer conducting surveillance — watching Denise make her purchase, watching where she put the bag in her car and then radioing other officers who then stopped her on I-15.

"Why wouldn't they inform me that what I was doing was illegal?" Denise asked. "Why wouldn't they make it right before... Just felt like entrapment a little bit."

KTNV

KTNV

The hearing officer questioned Metro about whether the officers who stopped Denise asked for permission to search her car. Officer Garcia admitted they did not, saying they seized her purchase because the items were "contraband."

"Probably the most eye-opening thing out of this entire experience is that there's not clarity," Denise said after the hearing.

Clark County Deputy Fire Chief Wayne Dailey explained in the hearing that only two brands of fireworks are legal in Clark County: Phantom (whose fireworks Errol Aiken purchased in Pahrump) and TNT. The only consumer fireworks allowed in Clark County are those that have been tested and approved locally, even if the products are made by the same manufacturers.

"I feel like anyone I've talked to had no idea that this was actually the law," Denise said.

Adding to the confusion — this press release published by the county on June 26. It says, "The best way to ensure fireworks are legal is to buy them from TNT or Phantom fireworks stands operated by local nonprofit groups."

Note that it says "the best way." It does not say "the only way." The release also says, "Any fireworks purchased from other jurisdictions, including those with a 'safe and sane' label, are likely to be illegal..."

Likely illegal isn't the same as "are" illegal.

"We're not getting a clear message," Denise said. "It's very confusing. Safe and sane are legal. But safe and sane outside of Clark County are not legal. Phantom fireworks and TNT fireworks are legal. But if you buy them outside of Clark County they're illegal."

Moapa Tribal Administrator Chris Pascoe sent Denise a letter after she and I worked together for over a month to get responses from various agencies.

Pascoe wrote, "I understand that there may have been a lack of understanding regarding the fireworks you purchased. In an effort to make things right, I would like to offer reimbursement for the fireworks you bought, as well as the citation fee you incurred." Pascoe also wrote that he'd continue "conversations with neighboring governments and agencies to ensure these types of misunderstandings don't happen in the future."

Christopher W. Pascoe, Moapa Band of Paiute Indians

As for the hearing to contest her citation, Denise will have to wait until September for a decision from the administrative hearing officer.

Errol Aiken — the teacher who bought fireworks in Pahrump — chose at the last minute not to attend his hearing because after we reached out to Phantom multiple times on his behalf, they finally offered him a full refund for his purchase and for the $500 citation.

A Phantom corporate vice president told me this is a "learning opportunity" for them and that they plan to make changes in their Pahrump showroom to avoid this from happening in the future.

While the businesses are making their customers whole, there's another issue at play here — Metro's tactics — which have drawn fire from leaders and law enforcement in the neighboring jurisdictions.

As I previously reported, Nye County Sheriff Joe McGill told me he personally asked Metro Sheriff Kevin McMahill to stop placing undercover officers in Pahrump after receiving complaints from customers, fireworks shops, attorneys and the Nye County manager.

Pascoe was equally upset with Metro's covert surveillance, calling it "unethical, dirty police tactics" and confirming that Metro does not have permission to operate on the reservation. He's asked Sheriff McMahill for a meeting to discuss all this but had not received a response as of the publishing of this article.

While waiting to hear from Metro, Pascoe has set a meeting with Clark County Commissioner Marilyn Kirkpatrick to discuss matters involving the tribe's relationship (including fireworks) with Clark County.