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A federal judge dismissed four of the six charges against a Nye County sheriff\u2019s captain accused of abusing his power in arresting a power company executive, but federal prosecutors are asking Judge Andrew P. Gordon to reconsider his ruling.<\/p>\n
David Boruchowitz was indicted in 2023 by a federal grand jury<\/a> on allegations of setting up Valley Electric Association CEO Angela Evans for personal gain. The charges came<\/a> after a Las Vegas Review-Journal investigation raised questions <\/a>about Boruchowitz\u2019s actions in the case and whether he was trying to get a paid position on the VEA board.<\/p>\n In December, Gordon dismissed wire fraud charges that alleged Boruchowitz <\/a>used news releases posted to Facebook to advance the scheme to obtain \u201cmoney and property by means of materially false and fraudulent pretenses.\u201d<\/p>\n Boruchowitz\u2019s attorneys argued that he did not obtain money or property through the arrest, but prosecutors contended that Boruchowitz\u2019s arrest deprived Evans of a job.<\/p>\n Last month, Gordon ruled that the indictment \u201cdoes not allege facts demonstrating that Boruchowitz intended to obtain Evans\u2019 job\u201d and \u201cdoes not allege facts demonstrating that Boruchowitz intended to cheat the same person or persons that he deceived.\u201d<\/p>\n On Jan. 3, prosecutors filed a motion arguing that Gordon improperly dismissed the charges <\/a>and asking him to reconsider his decision.<\/p>\n \u201cA court cannot dismiss a facially valid indictment because it believes the evidence may be insufficient to support a conviction,\u201d prosecutors wrote in the request to reconsider. \u201cAn indictment which tracks the words of the statute charging the offense is sufficient so long as the words unambiguously set forth all elements necessary to constitute the offense.\u201d<\/p>\n Boruchowitz still faces charges of perjury and deprivation of rights under color of the law.<\/p>\n Defense attorney Crane\u200b\u200b\u200b\u200b Pomerantz said he agreed with Gordon\u2019s ruling and believes Boruchowitz is innocent of all the charges against him.<\/p>\n \u201cI believe this case was overcharged from the beginning,\u201d he said. \u201cThis case is about the arrest and the wire fraud counts go far afield about whether this is a valid arrest or not.\u201d<\/p>\n Prosecutors on the case, Steven Myhre and Justin Washburne, did not respond to requests for comment, and spokeswoman Trisha Young emailed declining an interview. Her email also noted that the attorneys for both sides are still filing motions on the prosecution\u2019s reconsideration request, which are all due in the next week.<\/p>\n If it results in a conviction, the perjury charge carries a maximum sentence of five years, and deprivation of rights under color of the law is a misdemeanor that carries a maximum one-year sentence, while the judge could sentence a defendant to up to 20 years on each of the wire fraud counts.<\/p>\n Raid and arrest<\/span><\/p>\n In 2019, Boruchowitz and his deputies raided the Valley Electric Association offices in Pahrump. They later arrested Evans on allegations that she used about $80,000 in VEA resources to move a power pole off her property. But property records show that Evans didn\u2019t own the property when the association staff moved the pole, and Nye County District Attorney Chris Arabia declined to file charges.<\/p>\n After her arrest, Evans lost her job and sued the county, settling for $400,000 last <\/a>year<\/a>. She also settled with Valley Electric for an undisclosed amount.<\/p>\n Evans\u2019 attorney in the lawsuit against Nye County, Andre Lagomarsino, confirmed the county settlement amount but declined to comment on the dismissed charges.<\/p>\n The Review-Journal investigation also exposed how Boruchowitz was previously investigated by state and federal agents for holding porn matinees at the sheriff\u2019s department and having inappropriate relationships with parolees. Both of those investigations were turned over to then-Sheriff Sharon Wehrly, who did not impose significant punishment on Boruchowitz but instead repeatedly promoted him. Boruchowitz supported Wehrly in her political campaigns.<\/p>\n Wehrly lost her re-election bid after the Review-Journal story ran, and she died in 2023 after a battle with cancer.<\/p>\n Boruchowitz\u2019s trial, which has been repeatedly rescheduled, is set to start March 24.<\/p>\n Contact Arthur Kane at akane@reviewjournal.com<\/a> and follow @ArthurMKane<\/a> on Twitter. Kane is editor of the Review-Journal\u2019s investigative team, focusing on reporting that holds leaders and agencies accountable and exposes wrongdoing.<\/p>\n<\/p><\/div>\n