An ongoing effort by Carson City resident Ron Weddell to have two men prosecuted for alleged crimes against his daughter and one of his employees may be one step closer to fruition.
A criminal complaint against brothers James and John Bustamonte, turned in Monday to Carson City Justice Court, should be acted on by District Attorney Noel Waters within five days - if it is not passed on to another prosecutor.
The filing of the complaint is the result of two decisions by Carson City District Court Judge Bill Maddox, who said a criminal complaint turned in two years ago by Weddell to the justice court should have been filed and passed on to Waters' office.
Maddox's decision means the justice court had to accept filing of the petition, but it does not say Waters must prosecute the pair. A court employee said the document has been forwarded to Waters's office. In the case of a conflict, the complaint will be forwarded to the Attorney General's Office.
Waters could not be reached for comment.
In this week's decision, Maddox also denied a request by Waters to reconsider Maddox's earlier decision.
Although happy the justice court was ordered to accept the complaint, Weddell filed a petition to have two remaining points of the case reconsidered by Maddox.
Weddell said Justice Court Judge Robey Willis misinterpreted the law when he denied a request to arrest the Bustamontes, and sent the case to the attorney general for review instead of appointing a special prosecutor.
As of Friday afternoon, no decision had been filed in reference to Weddell's motion.
Even if the motion for a rehearing is denied, Weddell says there is no reason why Willis cannot order the Bustamontes arrested now.
"Why not expedite a warrant if an affidavit is filed," Weddell said.
Willis earlier said he did not call for the brothers' arrest because no probable cause was contained in the original criminal complaint. The complaint filed Monday contains a written affidavit accusing the Bustamontes of drug dealing, extortion, kidnapping, battery with a deadly weapon and using a stolen vehicle during commission of a crime.
In a separate legal action, the grand jury petition containing more than 5,000 signatures remains under review by Clerk-Recorder Alan Glover.
The grand jury petition was also brought forward by Weddell in response to the same set of circumstances that caused him to file the initial criminal complaint.
Weddell alleges Carson City officials derailed his effort to prosecute the Bustamontes.
The petition, which might be the first of its kind in Nevada, alleges misconduct by Waters, Deputy District Attorney Anne Langer and several of Carson City's law enforcement officials in their handling of the alleged crimes against the Bustamontes.
Weddell faced Willis when he was brought up on weapons charges after a failed attempt to enact a citizen's arrest on one of the brothers in 1997. He fired four shots while the man fled.
Willis sent Weddell to district court to face felony charges, but the case was dismissed in District Judge Michael Fondi's courtroom. An appeal of Fondi's decision, filed by Waters, is being considered by the Nevada Supreme Court.
A worker in Glover's office this week said the the staff was splitting time between sending out absentee ballots for the November election and verifying signatures.
