Ex-deputy files lawsuit against county for wrongful termination, defamation

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Ed Owens, a former Clark County sheriff’s deputy whose 3-year-old son accidently shot himself almost two years ago after he got into a gun safe, filed a wrongful termination lawsuit May 31 against Clark County, alleging he was fired for questioning the safety of gun safes issued by the sheriff’s office.

Owens, who began his employment with the sheriff’s office in 2004, was fired Nov. 29, 2011, over violations relating to the accidental shooting of his son Ryan on Sept. 14, 2010. After an internal affairs investigation, investigators said Owens tried to blame his step-daughter for his son’s death. Investigators also alleged Owens and his wife coerced a false confession out of his step-daughter.

Gregory Ferguson, Owens’ attorney, said Owens is now seeking reinstatement to the sheriff’s office and monetary compensation for lost wages and damage to his reputation.

According to the complaint filed May 31 with Clark County Superior Court, the lawsuit accuses the sheriff’s office of discrimination/wrongful termination, portraying Owens in a false light, defamation, invasion of privacy and civil conspiracy.

Owens alleges that he was terminated from the sheriff’s office for filing complaints about the gun safes issued to him and several other employees of the sheriff’s office. Ferguson said that when Owens kept asking questions about the gun safes, the internal affairs investigation was then launched.

Owens claims he didn’t know the safe was defective at the time of his son’s death. According to documents of the May 31 lawsuit, within two months of Ryan’s death, Child Protective Services formally cleared Owens and his wife of any negligence or fault in their son’s death and cleared them from a number of other “unfounded” allegations as well.

Also according to the lawsuit documents, a lead police detective investigating Ryan’s death determined that the Stack-On safe’s locking mechanism had malfunctioned. Two other Stack-On gun safes randomly selected were also evaluated and allegedly had similar defects in the locking mechanism.

According to the lawsuit documents, in a memo to superiors, the detective wrote: “I have genuine concerns ... that the Stack-On Strong Box safe can allow unwanted access to the contents of the safe. I’m making you aware of this problem so necessary steps can be taken to ensure the safety of our personnel and their families.”

A similar safe made by the same manufacturer, Stack-On, was recalled in 2004.



Once he found out the safe was defective, Owens claims he started looking into the problem and that Sheriff Garry Lucas refused to have the safes tested. Ferguson also claims he and Owens uncovered public records that show the sheriff’s office heard reports of malfunctioning safes after Ryan’s death and had the units destroyed.

“I think we have a solid case here,” Ferguson said.

“Ed Owens was told within weeks of his son’s death, ‘Just move on, Ed. This is a tragic accident, just let this go,’” Ferguson told reporters during a May 31 press conference.

Sheriff Lucas and Chief Criminal Deputy Mike Evans were also named as defendants in the lawsuit.

Included with the lawsuit documents were also three exhibits, exhibits A, B and C, which Ferguson said illustrate that the sheriff’s department knew that the gun safes were defective and attempted to stop inspections. Exhibit C is an email sent to Evans from Robert Mullikin, president of the Deputy Sheriff Guild. The email states that when they attempted to inspect some of the gun safes by first checking to see how many safes were in inventory over at property, they were stopped for some reason.

The email reads: “Is there any harm in at least determining how many new safes are available? We can discuss the inspection procedure at the next LRTEd Owens, a former Clark County sheriff’s deputy whose 3-year-old son accidently shot himself almost two years ago after he got into a gun safe, filed a wrongful termination lawsuit May 31 against Clark County, alleging he was fired for questioning the safety of gun safes issued by the sheriff’s office.

During the May 31 press conference held by Ferguson, Marc Weber Tobias, a lock expert hired by Owens and Ferguson, demonstrated to reporters how a safe similar to the one issued to Owens could be unlocked by dropping it a few inches.

Ferguson said the lawsuit was issued May 31 and they have not heard any response from the county, Lucas or Evans. He said he does not know who will be representing them.

The sheriff’s office has said they will not make any comments due to the pending litigation.