LAS VEGAS (KTNV) — A Las Vegas man is suing Clark County, the District Attorney's Office, and the Las Vegas Metropolitan Police Department after he was wrongfully convicted of murder.
Carlos Gurri spent nearly 33 years behind bars after he was convicted on charges related to a botched bank robbery and the murder of FBI Special Agent John Bailey. The incident happened in June 1990.
WATCH | Breaking down the details of Carlos Gurri's wrongful conviction lawsuit:
That morning, Gurri's roommate, Jose Echavarria, went into Security Pacific Bank, which was located near Desert Inn Road and Maryland Parkway. Prosecutors state Echavarria was disguised as a woman, approached a bank teller with a gun, and demanded money.
At the time, Bailey was in the bank on unrelated business, and he confronted Echavarria, who started running away after the teller screamed. Prosecutors state a violent struggle took place between the pair before Echavarria shot and killed Bailey. Witnesses claimed they saw Echavarria get in a blue vehicle with another person and drive away from the scene.
Evidence recovered from the crime scene led to Gurri and Echavarria's apartment. While investigators were searching the property, Gurri arrived at the apartment and was taken into custody for questioning.
Gurri's attorneys state he was interrogated by FBI Special Agent Edward Preciado in Spanish and English and that it was difficult for Gurri to fully understand and respond. They also state Preciado was close to Bailey.
"He acknowledged that upon learning of Agent Bailey's death during the interrogation, he became emotional and struggled to maintain his composure," court documents read in part. "Neither of Mr. Gurri's interrogations were recorded. However, Special Agent Preciado 'documented' what he believed to be key points of Mr. Gurri's statements in the investigative file."
Echavarria was apprehended in Mexico several days after the crime and told investigators he had acted alone. Meanwhile, Gurri continued telling investigators he was innocent.
In July 1990, a grand jury indicted Gurri and Echavarria for murder with use of a deadly weapon, conspiracy to commit robbery, burglary with intent to commit robbery, attempted robbery with use of a deadly weapon, and escape with a dangerous weapon charges. Gurri was convicted and sentenced to life in prison with the possibility of parole.
Gurri's attorneys have repeatedly challenged his conviction and, on Sept. 18, 2019, District Court entered an order granting him a new trial. That's because newly unsealed FBI records showed Judge Jack Lehman, who presided over Gurri's trial, had previously been the subject of an FBI investigation for corruption, fraud, and perjury. Bailey was the lead agent in that case.
READ FULL FILING: Las Vegas man files lawsuit after being wrongfully convicted
In 2019, Gurri's trial attorney, David Wall, said if he had known, he would have moved to disqualify the judge.
"Mr. Wall further testified that during the trial, he could not understand why Judge Lehman appeared to be 'so hard on the [defense]' and that several of the judge's rulings struck him as unfair and raised concerns about the judge's impartiality," court records read in part. "It was also revealed that prior to trial, the FBI prepared a memorandum expressing concern about Judge Lehman's conflict of interest."
Preciado, the agent who interrogated Gurri, also went to trial years later and was convicted of second-degree murder for bludgeoning his son's girlfriend to death with a hammer.
"Preciado's testimony at his own trial and later conviction [impairs] the credibility of his testimony in Mr. Gurri's case, further establishing that no credible evidence existed to convict Mr. Gurri," court records state.
On May 31, 2023, the state dismissed all charges against Gurri.
According to the lawsuit, attorneys for Gurri state he should be entitled to $100,000 for each year that he was wrongfully imprisoned, rounded up to the nearest half year, as well as attorneys' fees.
Gurri ultimately spent 32 years, 11 months, and 22 days in prison.
I reached out to Clark County and Metro. They both declined to comment on the case.
