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CONTACT 13: Protective order granted against lawyer accused of pulling gun during deposition

Posted at 4:54 PM, Oct 12, 2016
and last updated 2016-10-12 20:52:05-04

Two brothers have gotten a protective order against a local attorney after a court commissioner agreed they're in danger. 

It all stems from allegations that the lawyer pulled a gun on one of the men during a deposition.  

Attorney James Pengilly is still under investigation by police and the Nevada State Bar. 

But at least one court official has already found his conduct unacceptable. 

Discovery Commissioner Bonnie Bulla hit Pengilly with a $2,500 sanction for "improper deposition conduct." 

Las Vegas police are investigating the alleged criminal conduct of assault with a deadly weapon. 

Pengilly is accused of pulling a gun on Mark Stuhmer during a deposition. Stuhmer and his brother Chris -- who's the founder and CEO of Christopher Homes -- are suing Pengilly for defamation in a case involving their C2 Lofts community homeowners association.

Depositions in that case are suspended until the criminal matter is resolved. When they resume, it'll be in the courthouse with a marshal present. 

Both Stuhmer brothers are covered by the protective order against Pengilly -- who is described as "unstable" in court records.

The parties now have seven days to object to the discovery commissioner's report and recommendations.

After the objection period expires, the judge will either sign the report and recommendations, amend it or set it for hearing.