Where is the body-worn camera footage?
That is the question many in the community are asking after an incident early February where a Durango High School student can be seen slammed to the ground by a CCSD Police officer in viral video.
The ACLU of Nevada became involved several weeks ago, saying it was representing two students in the video.
Now they are demanding action from the district, or they will take legal action.
"So, they're at 27 days now. Clock's ticking," said Athar Haseebullah, executive director of the ACLU of Nevada.
He says they are firm on their timeline to receive body cam footage and public records regarding the Durango incident that happened near the campus after school on February 9th.
The CCSD Police officer seen slamming the student to the ground and then placing a knee on his back in videos, is currently assigned to other duties until an investigation is complete.
The ACLU of Nevada is representing the student in the center of the incident, as well as another student seen in the videos.
The ACLU says CCSD rejected its request for body cam footage and other public records, violating Nevada's Public Records Act.
As of Monday, they've given the district 30 days to provide those records.
"As the attorneys representing the parties that are involved that you know, that are - have been subjected to the abuse that we saw on video, we are entitled to those right now," said Haseebullah. "So, turn them over."
News 3 also requested the body cam footage and police reports.
We received a response from CCSD Public Records that said in part
"The documents and videos are evidence in an ongoing, pending, and active employment investigation. NRS 239.010; NRS Chapter 289 (procedures and processes must be followed to ensure the rights of peace officers); Donrey of Nevada, Inc. v. Bradshaw, 106 Nev. 630 (1990) (a balancing of the interests weighs in favor of confidentiality and non-disclosure). At this time, the documents and videos may not be released without impeding and jeopardizing the ongoing, pending, and active employment investigation. The District’s interest in nondisclosure clearly outweighs the public’s interest in access. The District will provide public records as soon as the release will no longer impede or jeopardize the employment investigation (subject to withholding or redactions based on confidentiality and privilege)."
It also said, "Personally identifiable student information is confidential under the Family Educational Rights and Privacy Act (FERPA)."
What was the public records response to the ACLU of Nevada?
"They replied and basically said they could not do it without the consent of the attorneys involved, which they addressed their response to us as the attorneys for the parties involved," said Haseebullah.
He says the response further referenced past lawsuits that he says are not applicable in this circumstance.
"They said it was because it was obviously subject to an employment investigation," said Haseebullah. "If that was the case and anytime law enforcement officers engaged in wrongdoing regardless of the egregious circumstances that are associated there, they'd never turn over body camera footage, which really undercuts the entire basis for why we have body cams in the first place."
At an unrelated event regarding a new data dashboard Tuesday, CCSD Superintendent Dr. Jesus Jara would not respond to a question regarding the ACLU statement.
He said they were there to discuss the dashboard, which is intended for transparency with the district.
On Wednesday, News 3 asked CCSD Police about community concern when it comes to not having access to the body cam video yet.
"Because that incident is still under investigation, we can't release the footage until it is done," said Lt. Bryan Zink. "And then there are also juvenile laws too because there are kids involved in the videos or body worn footage and things like that. It's just like the footage we submitted to the press in the past. We have to redact any juveniles' faces, things like that, that are in the videos. But once the investigation is over that information will be provided."
News 3 asked for a response to the ACLU of Nevada's warning of a lawsuit.
"We understand they want the footage just like everyone else does," said Zink. "And as soon as- we can't release it to them prior to releasing it to everyone until the investigation is finished. So as soon as the investigation is finished, all interested parties will be given that information."
"If they want to send us that in writing, we'll have a follow up and we can advance that 27 days to a much shorter timeline if they're not willing to comply during that time," said Haseebullah.
The ACLU of Nevada further said “CCSD police have repeatedly and falsely suggested our clients were involved with guns in order to justify their officers violently attacking and detaining our clients without cause. Our clients demand this slander cease and that the bodycam footage be released immediately."
Shortly after the Durango incident, CCSD Police Chief Mike Blackeye provided a statement that said the incident stemmed from an investigation regarding the report of a firearm near one of our schools.
But the ACLU of Nevada says none of its clients had any weapons.
Send your tips to the Crisis in the Classroom tip line: email schooltips@news3lv.com or call 702-805-0489.