LAS VEGAS (FOX5) — A Las Vegas woman whose charges from a June protest were dismissed could face prosecution again. Las Vegas Metropolitan Police resubmitted her case to the city attorney’s office.
Body-camera footage, workplace records and her own cellphone video appear to contradict key details in the arrest report.
Kathleen Cavalaro was arrested during a June 11 demonstration in downtown Las Vegas, where protesters rallied against ICE deportations.
LVMPD arrested nearly 100 people that night.
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What the arrest report says — and what the evidence shows
Cavalaro said she left work at 9:30 p.m. to join the protest, having watched videos of the demonstration throughout the day.
“I had been at work all day, I had been watching videos of peaceful protests, so I was eager to go,” Cavalaro said.
Police announced the dispersal order online at 9:02 p.m., before Cavalaro arrived. She said she observed people already leaving when she got there.
“And people were leaving, people were walking away with their signs and their flags on the sidewalks, it was very busy,” Cavalaro said.
Cavalaro said she was walking away from officers when she was arrested.
“I was pretty upset, and I was vocal because I was angry about what I was seeing. And as I was walking, one of the officers instructed me to move in a certain direction, which I complied with. Apparently, he didn’t like what I had to say,” she said.
Video evidence shows Cavalaro backing away from officers as they fired pepper balls at her. Body camera footage from SWAT Officer Mark Eshe shows her in a black shirt moving away from officers before Eshe opens fire. Her own cell phone video captured the moments leading to her arrest.
Cavalaro was shot with pepper balls and taken into custody.
“I can’t believe this is actually happening. I am at a protest; I am acting peacefully because peaceful means you aren’t violent. And I was not acting violently. I was using my words,” Cavalaro said.
Arrest report discrepancies
Her arrest report lists the time of arrest as 9:30 p.m. at 501 South Las Vegas Boulevard. But the timestamp on her cell phone video places her at 10:09 p.m. — nearly 40 minutes later — in the Fremont East District, blocks away from the address listed in the report.
“According to the arrest report, I was put on the dispersal order at the time of the dispersal order and the location when in fact I was at work,” Cavalaro said.
Workplace records obtained by FOX5 Investigates show Cavalaro did not leave work until 9:30 p.m. — the same time the arrest report claims she was already under arrest at a separate location. She could not have been in both places at once.
The arresting Officer J. Tomlinson’s body camera audio adds further discrepancies. On his own camera, you can hear officers say the charge was unlawful assembly — the arrest report lists failure to disperse. Tomlinson also states the location as 6th and Bridger — the arrest report lists 501 South Las Vegas Boulevard, but Cavalaro’s cell phone video shows a third location.
Federal lawsuit filed; second case involves same officer
Before the lawsuits were filed, attorney Stephen Stubbs and Cavalaro sat down exclusively with FOX5 Investigates.
Stubbs filed a federal civil rights lawsuit against Metro Police and Officer Tomlinson, alleging unlawful arrest without probable cause.
“I can’t fathom any honest officer writing what they wrote in this arrest report. There is nothing truthful here…this entire arrest report is complete bologna,” Stubbs said.
FOX5 Investigates reached out to the Las Vegas Metro Police multiple times regarding the discrepancies. The department said, “LVMPD does not comment on pending litigation.”
Stubbs has filed at least two federal lawsuits stemming from the June 11 protest, both alleging Metro Police violated their use of force policies.
In the second case, Emanuel Beltran claims the same SWAT officer who shot Cavalaro — Officer Eshe — also shot him with pepper balls as he walked away. The complaint alleges Eshe fired more than 150 pepper balls at protesters that night. Earlier that evening, before enforcement began, Eshe was recorded on his own body camera saying, “Kick some f—ing ass.”
Like Cavalaro, Beltran is accused in police records of violating the dispersal order. Court records show he was inside Circa Resort at that time.
Sheriff addresses dismissed cases; city attorney reviewing refilings
LVMPD Sheriff Kevin McMahill addressed the department’s decision to resubmit some protest cases in a separate interview.
“It’s also partly our fault that those cases were dismissed because in a riotous situation where rocks and batteries and water bottles and those kinds of things are being thrown at police officers, we didn’t have that perfect arrest package that was put together,” McMahill said.
The sheriff was speaking generally about the protests that night. Cavalaro’s arrest report does not accuse her of throwing objects or physical violence.
The Las Vegas City Attorney’s Office told FOX5 Investigates it is “reviewing a handful of cases” that were refiled but would not confirm whether Cavalaro’s case is among them.
As of the time of this report, the city has not filed any charges against Cavalaro or Beltran, according to Stubbs. Both civil suits are making their way through the courts.
“It’s just hard because you feel so helpless. And to watch what they are doing, it’s not ok,” Cavalaro said.
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