The State of Nevada v. Tyshaurs Collins

Las Vegas, Nevada criminal defense lawyer represented the Defendant charged with battery on an officer and first-degree kidnapping of a minor.





In July 2022, Collins took his infant daughter to a Las Vegas storage complex where he had a shared storage unit.[1] The storage complex manager agreed to watch Collins's daughter while he moved things out of his unit. Unbeknownst to Collins, the mother of his child, Kajanai Smith, and Smith's mother were also at the storage complex. Smith called 9-1-1 to report an Asian male with a firearm, and LVMPD Officer Eric Resberg responded. Smith initially told Officer Resberg the Asian man had already left, but then admitted that she actually called 9-1-1 to have police serve Collins with a temporary protective order (TPO). Officer Resberg instructed Smith to dial the non-emergency line, 3-1-1.



Shortly thereafter, Smith dialed 9-1-1 a second time to report a Black male waving a firearm and making threats at the same storage unit complex. A few minutes into the call, a person who identified herself as "April Jones" took the phone from Smith and began providing a description of the alleged suspect and firearm. Officer Jacob Stoehr responded to this second call.



At the scene, Officer Stoehr made contact with Smith, Smith's mother, and the storage complex manager, but he could not locate anyone by the name of April Jones. While speaking to them, Officer Stoehr observed a person, later identified as Collins, matching the description of the alleged suspect, though Officer Stoehr did not observe any firearm.[2]



Meanwhile, unaware that Smith had called the police, Collins was locked inside the interior of the complex looking for a way back to the office. When Collins saw Officer Stoehr, Collins began walking away and then climbed over a spiked wall to leave the locked area of the complex, ripping his shirt and injuring his groin in the process.



K-9 Unit Officer Brennen Bychinski, who was also dispatched to the scene, observed Collins briskly walking down the street away from the storage unit complex and began to pursue him. After realizing he was being pursued, Collins ran away. Officer Bychinski lost sight of Collins when he entered the parking lot of AREA15, an entertainment and art complex in Las Vegas.



As officers pursued Collins, Jenny Sewell and her six-year-old son, X.S., were walking to their car through the AREA15 parking lot. Sewell spotted Collins moving through the parking lot with his hands in his waistband, which concerned her because it appeared that he was concealing a weapon. Collins began to mirror Sewell's movements, and once Collins noticed the police close behind him, he grabbed X.S.'s arm and said, "let's go." Sewell told Collins to take his hands off X.S., and Collins briefly released him before grabbing X.S.'s collar. Sewell began yelling and hitting Collins, and Collins then released X.S. and placed his hands in his front pockets.



Officer John Phillips soon arrived at AREA15 and saw the altercation between Collins and Sewell. He approached them with his weapon drawn and ordered Collins to take his hands out of his pockets. When Collins eventually complied, Officer Phillips holstered his weapon, Collins then ran toward Officer Phillips, knocking him to the ground. Collins continued to run away but was eventually apprehended by Officer Bychinski and other responding officers.[3]



Based on the events at AREA15, the State charged Collins with one count of battery on an officer and one count of attempted first-degree kidnapping of a minor. At calendar call in October 2023, both parties announced ready for trial. However, the following day, the State requested a continuance because one of the police officers was unavailable to testify. The district court granted the continuance over Collins's objection.



Before the next calendar call, the State filed a motion in limine to introduce the second 9-1-1 call placed by Smith and "April Jones" because it could not locate or subpoena Smith. Collins raised concerns about the call's unreliability and asserted that its admission violated his right to Confront witnesses against him under the Sixth Amendment. The district court granted the State's motion after finding that the call was admissible as non-testimonial hearsay under Davis v. Washington, 547 U.S. 813 (2006).



The case proceeded to a four-day jury trial. During trial, the State presented video evidence from the officers' body cameras, a police air unit, and surveillance video from AREA15's parking lot security cameras, along with testimony from Sewell, Officer Phillips, Officer Bychinski, and AREA15 security personnel, who testified that they observed Collins struggling with Sewell and "yank[ing]" X.S.'s arm. Sewell testified that Collins grabbed X.S.'s arm, then his collar, and said, "let's go." According to Sewell, Collins only released X.S. once Sewell yelled at him and hit him.



Collins testified in his own defense. Collins testified that he reached for X.S. in order to blend in with the Sewell family because X.S.'s skin complexion was similar to his own. On cross-examination, Collins also affirmed that he grabbed X.S. because he was concerned about the police K-9, and he believed that police would not release the dog while he was holding a child.



During its closing argument, the State asserted that Collins "testified his purpose in taking X.S. was to keep him for as long as necessary in order to prevent the release of the K-9. That was his purpose. That was his intent." Collins objected that this characterization of his testimony amounted to prosecutorial misconduct, but the district court overruled the objection. In his own closing argument, Collins emphasized his desire to blend in with the Sewell family, as opposed to any intent to kidnap X.S. Collins was ultimately found guilty on both counts.



Collins v. State, 87914-COA (Nev. App. Nov 20, 2024)

Affirmed