Standing on What Ground?

How could we have known? Sooner or later, this kind of tragedy was bound to happen. And now, we're bound to witness a hot mess explode in court... Even though it's crystal clear that Wayne Burgarello shot two people.

So why is this bound to be a hot mess? Wayne Burgarello admitted he shot Cody Devine dead and seriously wounded Janai Wilson. What else do we need to know? Ah, but Wayne Burgarello is now claiming "Stand Your Ground" as his legal defense.



Wait, what?! Remember when the Nevada Legislature passed AB 321 in 2011? We do. Oh, and we remember sounding this alarm in 2012.

They set up a dangerous slippery slope for justifying as "self-defense" what would otherwise be declared manslaughter or murder. After all, what we may consider murder can be twisted by a smart criminal defense attorney into a "Stand Your Ground" situation just by insinuating that the homicide victim was somehow threatening the shooter's life and/or property, even if there's little or no evidence that the shooter was really at risk.

So why are we now falling down this slippery slope? Why did we have to take this downhill course in the first place? And can we afford to keep making decisions out of political convenience while ignoring future public safety crises?

And this is exactly what Wayne Burgarello's defense attorney is claiming. He's claiming Burgarello had the right to shoot Cody Devine and Janai Wilson because he found them at his vacant duplex in Sparks. After all, isn't this what "Stand Your Ground" is for?

Ever since George Zimmerman was set free after murdering Trayvon Martin, we've had to confront this brutal reality. Zimmerman shot Martin dead for "committing the crime" of walking outside while black. Martin was "armed" with a hoodie, a bag of Skittles, and a bottle of Arizona iced tea. And yet, George Zimmerman now enjoys his G-O-TEA/"gun enthusiast" celebrity status while Trayvon Martin's family must go to the cemetery to visit him.

But wait, wasn't Cody Devine trespassing upon someone else's property? Possibly, though it's unclear as to whether he even knew he was not wanted there. Whatever the case, did Wayne Burgarello have the right to unilaterally impose the death penalty on him?

This is the central question to the "Stand Your Ground"/Shoot to Kill principle. Should anyone have the ability to unilaterally impose the death penalty on someone else for whatever reason? Do we really need to return to the "Old West Days" of shootouts anywhere, everywhere? Why did the Nevada Legislature & Governor Brian Sandoval (R) approve this? Might they be having second thoughts about this now?

We Need More Than Just Words.

This week so far has been a sad one here in Nevada. We saw multiple incidents of gun violence on both ends of the state claim lives and make waves in the media. And today, Rep. Mark Amodei (R-Carson City) paid tribute to Michael Landsberry, the 8th grade math teacher who died in his effort to protect his students at Sparks Middle School.



Meanwhile, Senator Dean Heller (R) tweeted a photo of the US Capitol flag being lowered to half staff to mark the lives lost at Sparks Middle School on Monday.

We now know the assailant used a Ruger 9mm semiautomatic handgun that he brought from his home. He was a 7th grader at Sparks Middle School.



Of course, this isn't the only tragedy that this state is mourning. In Southern Nevada, friends and family are mourning the loss of Kenneth Brown. He was a club promoter and stand-up comedian who recently moved from Los Angeles to Las Vegas to be closer to his mother. He died Monday morning in an effort to prevent Benjamin Frazier from killing any more after Frazier shot a bouncer and a security guard at Bally's on the Las Vegas Strip.



Apparently, Benjamin Frazier opened fire over a cover charge dispute at Drai's After Hours. He used a .38 caliber Smith & Wesson revolver that was not registered in Nevada. He also had a running rap sheet before this week, including a 1997 conviction for assault with a deadly weapon at another local nightclub.



Down here in Southern Nevada, the Bally's Shooting was just one in a recent string of gun violence incidents on the Las Vegas Strip. And up in Northern Nevada, the Sparks Middle School Shooting was just one in an ongoing string of attempted (and sometimes successful) mass shootings. Yet while politicians send out the usual tweets of condolence and deliver the usual somber floor speeches, we've yet to see meaningful action on gun violence.

Senator Dean Heller had an opportunity to do so, but he was too busy catering to his "TEA" fueled base. Rep. Joe Heck (R-Henderson) also had an opportunity to do so, but... Ditto. Rep. Mark Amodei hasn't even tried to hide his allegiance to the NRA. And Governor Brian Sandoval (R) just didn't want to be bothered with reality.

Here's the problem. We regularly see politicians send tweets of condolence and deliver somber floor speeches, yet we rarely see leaders reevaluate the status quo and make a real effort to save lives. Are background checks and guidelines for safe gun storage really "too much to ask"? Are gun industry profits truly that much more important than saving people's lives?

This week, we've heard plenty of words describing the pain several families throughout Nevada are experiencing this week. But now, we need more than just words. We need actions to match those words. When will that happen?

Something Good in Our Society

Yesterday, a school was attacked. A teacher died. A student killed him and wounded two other students before killing himself. And a community is still in mourning.

Yet today, we have a chance to reflect on the final heroic act of Sparks Middle School math teacher Michael Landsberry. He tried to take the gun from the shooter. And while he couldn't succeed at that, he succeed at preventing further deaths at Sparks Middle School.



Michael Landsberry died in an effort to protect his students. He committed the ultimate act of heroism. And he reminded us of all the heroic acts our public school teachers commit all the time.

So why are we still listening to those nebulous (billionaire) forces trying to convince us that teachers are "lazy, greedy, and inherently evil"? Why are teachers so often blamed for everything wrong in public education, then expected to work more for less? Why is it OK to constantly berate teachers for just doing their job?

It's saddening to think that it had to take a teacher dying to break through the glitzy campaign to attack teachers. But perhaps today, we can all reflect on the invaluable role that teachers serve in our society... And why so many of them are everyday heroes.



The NRA and the rest of the gun lobby want us to believe that "the only thing that stops a bad guy with a gun is a good guy with a gun". That's clearly not true. There are far more effective ways to do so, such as preventing those "bad guys" from obtaining guns. And of course, we can invest in the kind of social safety net that prevents troubled kids from becoming "bad guys with guns".

So why have we allowed our schools to become armed battlefields? Why can't we instead restore our schools and let them become launch pads for a brighter future?

Yesterday, we once again saw something evil in our society. But now, we're also learning more about something good in our society. Public education is part of the foundation of a better society, and our teachers do amazing work to help students realize their full potential. Why can't we do more to strengthen that something good in our society?

So Much Bloodshed in Just One Day

What a day this has been. This morning, we awoke to the horrific news of yet another Las Vegas Strip shooting. This time, it occurred just outside Drai's Nightclub at Bally's. One victim was shot dead, and two more were wounded.



Unfortunately, that wasn't all. This morning, Las Vegas Metro Police were also investigating a shooting at an apartment complex in East Las Vegas. Two people died in that shooting.

And then, there was today's horrific Sparks Middle School Shooting. The assailant shot a teacher dead, wounded two students, and then shot himself dead.



And now, we know Michael Landsberry was the 8th grade math teacher who was shot dead today in Sparks. He was a Marine Corps veteran who also coached the school's soccer team. He attempted to take the gun from the shooter this morning... Yet while he failed to do that, he posthumously succeeded in preventing an even greater tragedy.

Sadly, this is becoming increasingly common throughout America. Mass shootings regularly pop up in news reports. And they keep claiming more innocent lives. And that's in addition to the other incidents of gun violence that don't attract as much media attention.

This is the sad reality we're living in. We've seen so much bloodshed in just one day. There's something wrong with this. What will we do about it?

(Still) Something Evil in Our Society

Last month, she had to say it. Really, someone had to. Dr. Janis Orlowski had witnessed the carnage of the Navy Yard Shooting, and she couldn't stay silent on what was obvious to her.



And here we are again. Yes, there's been another one. And this time, it's very close to home.

This morning, a student opened fire at Sparks Middle School. He shot dead a teacher who spotted him with the gun, then shot two other victims. He later shot himself dead.



Of course, everyone is sending thoughts and prayers to the community. And of course, that's always much appreciated.

But you know what will also be much appreciated? Action. And by action, I mean action on gun violence.

How many more of these must we endure? How many more people must die? How many more families must mourn?

Fortunately for everyone else at Sparks Middle School, a teacher was willing to lay down his own life to save other lives. But really, should it be acceptable that teachers now have to think of the dangers associated with their career? When did it become acceptable for our schools to resemble battlefields?

Today, we mourn another tragedy. But once again, we must remind ourselves and others that it doesn't have to be this way. We don't have to ignore that "something evil in our society".

Falling Through the Cracks

Over time, it's become a familiar story. We've become all too familiar with the many tragic stories from Rawson-Neal Psychiatric Hospital. And now, Nevada is beginning to pay the price of allowing all the patient dumping from there.

But now, we're finding out Rawson-Neal may not be alone. Today, we learned of Clark County public defenders' law suit against the Lake's Crossing Psychiatric Hospital in Sparks.

The Clark County public defender’s office filed the lawsuit in June against Lake’s Crossing Center in Sparks, saying inmates on the waiting list are spending an average of 80 days in jails without proper treatment and with their legal cases on hold.

“Incompetent detainees have routinely spent weeks and, in most cases, months, at detention facilities where the conditions are punitive and no prompt restorative treatment is available,” the lawsuit alleges.

The state must respond to the lawsuit by Aug. 26, according to Nevada Health and Human Services spokeswoman Mary Woods. In the meantime, the state is working to meet demand by adding 10 beds to the Dini-Townsend building — on the same campus as Lake’s Crossing — by November.

Mentally ill inmates are waiting 11 times longer for admission than they're supposed to. And as a result, their criminal cases are stuck in legal limbo. And to make matters worse, this is a problem that should have been resolved when the state settled another law suit in 2008.

Yet again, the State of Nevada decided to be penny wise and pound foolish. By not investing in basic mental health care and public infrastructure, the state is now in a world of constant legal trouble. Rawson-Neal is already being pummeled with law suits as the federal government continues to investigate the troubled mental health treatment hospital in Las Vegas. Even accreditation is now at stake there.

And now, it's not just Rawson-Neal. Cracks are appearing throughout the system. And far too many people are falling through those cracks. There's a financial toll to pay. And of course, there's a real human toll as well.

When will the powers that be (in Carson City) learn?

Another Big (Municipal) Election Reform Bill

Last week, there was plenty of angst over the low turnout in this year's Southern Nevada municipal elections (for Henderson, Las Vegas, Mesquite, and North Las Vegas). That's why we're now seeing renewed calls to move municipal elections to even numbered years (when they'd coincide with county, state, and federal level elections).

However, that's not all. There's another bill pending in the Nevada Legislature that promises to deliver another major change to municipal elections up north and down south if passed into law. Currently, Las Vegas and North Las Vegas essentially have district elections for City Council. However, Henderson City Council elections are citywide. When John Marz ran for a full term this year, he didn't just have to campaign in Ward 3 (where he lives, and where he's supposed to represent). Marz had to run citywide, which meant Anthem and MacDonald Ranch residents may have had at least as much say in the representation of Green Valley North and Whitney Ranch on the City Council as Green Valley North & Whitney Ranch residents.

And this isn't just happening in Henderson. Up north, Reno, Sparks, and Carson City have the same system. Even though they technically have wards (or Supervisorial Districts in Carson City), elections are all citywide. So again, there's the risk of one region and/or faction determining the fate of all city offices.

Am I the only one seeing something disturbing here? Apparently not, since Senator Pat Spearman (D-North Las Vegas) introduced SB 457. And today, it advanced in committee.

The vote was 3-2, with the two Republicans on the committee, Sens. James Settelmeyer, R-Minden, and Barbara Cegavske, R-Las Vegas, opposing it.

Currently, all voters in the cities of Reno and Sparks vote for every single member of the city council regardless of geographic ward. The bill would change the elections so voters only vote for the council member that represents their ward. (Reno would also be required to get rid of its at-large council member and create a sixth ward in 2016.)

Sen. Pat Spearman, D-North Las Vegas, who sponsored the legislation, said that change is needed so the voters in just one or two wards are not determining the outcome of elections.

"Those more affluent wards are the ones that are really electing people," Spearman said Tuesday morning. The bill would also affect elections in Henderson and Carson City.

So now, the bill moves to the full Senate. We'll have to wait and see what happens on the Senate floor.

In the mean time, legislators should consider this. They have to run in their own districts, win support in their own districts, and earn the trust of constituents in their own districts. And City Council Members in Las Vegas & North Las Vegas essentially do the same. So why must it be so different in the other major Nevada cities?

A Scary Reminder from Steven Brooks

Oh, what a week this has been. Yesterday in the Southwest Vegas Valley, a coalition of progressive activists gathered outside Two. Joe Heck's office demanding action on gun safety reform. And at that rally, OFA super volunteer and mental health professional Linda Cavazos talked about the intersection of mental health care policy and gun safety policy.



Yet while activists down south were asking Heck to act on gun safety, the Steven Brooks story took a disturbing new turn up north. Yesterday, KRNV discovered that Brooks tried to buy a gun at a Scheels store in Sparks. Brooks apparently moved to Reno earlier this month, and there's been concern of him returning to Carson City despite being banned from the Legislature Building. Legislature security were placed on alert once news broke of his attempted Scheels purchase.



Now here's the scary twist to this story. Even though Brooks was committed to a mental health treatment facility after his first arrest, Scheels may still sell him that gun! Yes, despite everything we've seen from Brooks in the past month, he can still purchase firearms and ammunition.

This is the reality of our current gun laws, both in state and federally. Even people who may pose a threat to themselves and to others can still access firearms. This is a serious problem.

Imagine what may happen if Steven Brooks gets that gun. Remember what (allegedly) Brooks threatened to do to Assembly Speaker Marilyn Kirkpatrick (D-North Las Vegas)? And remember what Brooks has been up to for the past month? And he may still buy a gun?

Nevada, we have a problem. And Congress, you must act.