Update: The case against Lucito was dismissed April 18, 2019. When requesting the dismissal, a prosecutor cited “plea negotiations and interest of justice,” court records show.
A man accused of threatening to kill Clark County Sheriff Chuck Atkins appeared Friday in court, where he explained that he “would never hurt the sheriff” but wants to warn him about weapons of mass destruction.
David E. Lucito, 34, no address provided, made an initial appearance in Superior Court on suspicion of harassment-death threats and cyberstalking.
Lucito was wheeled into the courtroom in a restraint chair. “It’s insulting to me I would be brought here on an SOS call,” Lucito yelled, adding that he’s “not crazy.” He said there are weapons of mass destruction in the area and that the U.S. Army and National Guard need to respond. He claimed he’s been repeatedly trying to get Atkins’ attention on the matter but that the sheriff keeps snubbing him.
When Senior Deputy Prosecutor James Smith asked that Lucito be held on $150,000 bail, Lucito screamed at him, “You’re a monster, dude!”
Defense attorney Gregg Schile said he would defer on bail, prompting Lucito to call him, “not my attorney,” and when Judge John Fairgrieve granted the prosecutor’s request, Lucito yelled, “jerk!”
Since May, law enforcement has been investigating reported threats Lucito made against Atkins through email and social media. Lucito was arrested by Vancouver police May 30 at Motel 6 for trespassing. He was arrested again June 22 by Vancouver police on suspicion of second-degree burglary after breaking into and vandalizing a business, according to court documents.
While in custody, Lucito was given an evaluation and deemed competent to stand trial. He later pleaded guilty and was given credit for 33 days in custody. The remainder of his one-year sentence was suspended for a year, and he was released July 26, court records state.
According to investigators, Lucito has been to the sheriff’s office’s headquarters twice in the last couple of months to make public information requests. And between March and August, he’s been involved in at least 15 separate 911 calls.
On Aug. 9, the sheriff’s office received an email from Lucito with the subject line that included, “murdering the sheriff,” the affidavit says. The rambling 19-page email was riddled with expletives and threats.
Investigators tried to coordinate mental health care for Lucito, but they were told options were limited without a court order for treatment, court records state.
When contacted by phone, Lucito told a detective he had been trying to get in touch with the sheriff, and was upset he didn’t visit him while he was in jail. He said he didn’t actually want to kill the sheriff but wanted his attention. The detective offered to help Lucito get mental health treatment, but Lucito said he didn’t feel he needed it.
Lucito will be back in court Aug. 28 to enter an order for a competency evaluation.
