LAS VEGAS (KLAS) — Attorneys for the previous LVMPD Basis government director dealing with 19 theft expenses consider a decide ought to dismiss the case in opposition to their shopper as a result of an absence of proof and the which means of the phrase “knowingly,” based on newly filed courtroom paperwork.
Thomas Kovach Jr. faces 19 theft expenses, the 8 Information Now Investigators first reported. All the costs are felonies and vary in worth from $3,500 to $100,000. In October, Kovach pleaded not responsible.
Kovach allegedly “misused his position as executive director” to maneuver the practically $350,000 – throughout 19 completely different funds — to a second group, Undertaking Actual, prosecutors mentioned. On its web site, Undertaking Actual’s management mentioned the nonprofit “[guides] students in understanding their constitutional rights, the intricacies of laws that shape daily life, and the value of lives rich with civic engagement.”
In courtroom paperwork filed final week, Kovach’s attorneys mentioned the costs have been filed “without probable cause.” The attorneys additionally mentioned the grand jury was offered with summaries created as “secondary evidence,” which a Metro police officer compiled.
Kovach’s attorneys additionally mentioned prosecutors “never established that Mr. Kovach needed board authorization to make transfers in the first place,” which is the crux of the theft expenses.
The attorneys additionally declare prosecutors mentioned to deal with the “legal definition” of the phrase “knowingly” when describing what a theft cost means, paperwork mentioned.
“The offenses alleged are specific intent crimes,” the attorneys mentioned. “A key issue is whether Mr. Kovach made certain transfers knowing that he needed board authorization. Thus, ‘knowingly’ is a key element of the statute and the state should have instructed the grand jury on its legal definition.”
The petition additionally alleges the grand juries independently voted on every of the 19 counts in two minutes, based on transcripts.
In line with paperwork the 8 Information Now Investigators obtained, Metro police started their investigation in October 2023 after two present LVMPD Basis workers “found questionable activities and expenditures” when reviewing Kovach’s tenure.
Paperwork mentioned Metro detectives suspect Kovach took greater than $182,000 of the practically $350,000 transferred to Undertaking Actual. From 2018 to 2022, Kovach acquired $600,000 from Undertaking Actual, whereas the nonprofit itself acquired about $1 million throughout the identical time.
A decide will weigh the attorneys’ arguments on Dec. 17. A trial was scheduled for Might.
