Tim McCoy, his sister Alyssa King, and her boyfriend Kenny Kennedy are suing the city of Las Vegas and six marshals after a case of mistaken identity at the Fremont Street Experience in late 2023. [Music] Las Vegas, Fremont Street, the city that sells itself as safe and secure for tourists and families. But behind the neon, a darker truth. City marshals tackling the wrong man, writing false reports, and now facing a federal lawsuit. This isn't a story about public safety. It's a story about abuse, cover-ups, and the price of mistaken identity. >> And thank you for staying with us on channel 13 live at 6:30 tonight. I'm Trisha Keane. >> And I'm Abel Garcia. We begin this half hour with a breaking follow-up to an exclusive 13 investigation Darcy Spears first reported last week. >> That's right. And Darcy's here with new information about two city marshals embroiled in a federal lawsuit over allegations of unlawful arrest, excessive force, and falsifying police reports. One of the officers in our report no longer has a badge. The other, we're told, is on desk duty. All of this in the wake of my investigation into a case of mistaken identity. Tim McCoy, his sister Alyssa King, and her boyfriend Kenny Kennedy are suing the city of Las Vegas and six marshals after a case of mistaken identity at the Fremont Street Experience in late 2023. >> November 11th, 2023. Tim McCoy, his sister Alyssa, and their friend Kenny are leaving Fremont Street when city marshals swarm them. They say they're looking for a suspect in a black Dodge Durango. Problem is, Tim doesn't drive one. He's not the suspect. But instead of verifying, marshals go full force. Body cam shows Tim slammed to the ground, knee pressed into his head, dreadlocks yanked, tasers deployed, his sister screams, his friend is cuffed, all for nothing. >> It made me feel like an animal. Then comes the paperwork. In their official reports, marshals claimed Tim had keys to a Dodge Durango. That's their justification, but video doesn't show it. Attorneys say the reports were fabricated. An old trick to make violence look lawful after the fact. In Marshall Jorge Koka's police report from that incident, he said they were looking for the driver of a black Dodge Durango who allegedly made a threatening hand gesture toward officers. But Tim, Alyssa, and Kenny weren't in a black Durango. They were driving a silver Hyundai sedan. And Tim, the driver of the Hyundai, did not make the hand gesture. >> Let's talk about just how low the bar has dropped for probable cause. Police are out here claiming that a hand gesture, yeah, a simple movement of your fingers is suspicious enough to justify stopping, searching, or even arresting you. Think about that. Not drugs, not weapons, not a crime in progress, just a hand motion. When a hand gesture becomes justification for a stop, the Fourth Amendment isn't just under attack, it's already on life support. And every time we accept excuses like this, we're saying the state doesn't even need evidence, just a feeling. And that should scare everyone. >> What was the probable cause to even stop anyone in this case, be it the Durango drivers or your client, is making a hand gesture against the law? >> I don't believe that it is. And uh as part of our lawsuit, you know, we stated that there was no probable cause at all. Uh the officers were just extremely aggressive and I think that they were just mad, you know, about this person uh giving this hand gesture. Uh and I mean to top it off, it's the wrong person. >> Attorney George Robinson represents Tim, Alyssa, and Kenny. He says his clients were met with unprofessionalism and outright aggression when trying to get answers about the person who did supposedly make the hand gestures. >> You tell me what? >> It doesn't matter. It literally does not matter. We don't go to jail. We take it to jail, too. >> You don't have to tell you guys anything at this point. >> Y don't know who did it. >> I don't know who did it. Y'all don't know. It doesn't matter because you detained him. You don't know who did it. >> Okay. He's still going to jail regardless. Oh, because he's a black man >> and he was just the first one you saw. Huh? Okay. It could have been me. It could have been anybody. >> That's all you guys do. You play the race car. It's not about that. >> What does he committing crime? >> What does he tell me? >> Marshals Sergio Guzman and Jorge Koka are front and center in all the cell phone and body camera video. Now you're being >> taser for what? >> Ultimately citing lack of evidence. Marshalss did not arrest Tim. He was given a misdemeanor citation and Kenny was arrested and charged with battery on an officer. >> This isn't just a Las Vegas story. It's a national one. Wrong house raids, mistaken identity, fabricated reports. These aren't isolated incidents. They're symptoms of a system where qualified immunity shields officers while citizens pay the price. Until that shield breaks, the pattern repeats. The officers in the case really make a number of misrepresentations in the report. Uh they misrepresent what was said. They misrepresent what they did. They even misrepresent what my client had in his pocket at the time. They said that he had a Dodge Durango key in his pocket and it just wasn't to be found. >> The charges were later dropped and both cases dismissed. >> My clients filed uh reports with internal affairs shortly after this situation happened before they even came to me. And I don't think that there's been any discipline whatsoever. We won't know if there's been any disciplinary action. The city claims it can't tell us due to employee privacy protections. But here's what we have since learned. Officer Jorge Koka recently left the marshalss. The city confirming Koka separated from the city of Las Vegas on July 3rd, 2025. Two weeks later, on July 17th, he was hired as a probationary officer with the North Las Vegas Police Department. After our story aired, I reached out to that department and a North Las Vegas elected leaders, asking for comment on Koka's interactions, as caught on cell phone and body camera footage in our report, as well as the allegations that he falsified his police report to justify those actions. North Las Vegas's communications manager responded, saying Jorge Koka is no longer employed by the city of North Las Vegas. His separation was effective Tuesday, September 23rd, the day after I sent my email requesting comment. When I asked why, the city said the details of his employment are part of his personnel record and therefore confidential. I reached out to Koka directly via phone and text, but he did not respond. I was also told that Marshall Sergio Guzman has been taken off the streets and reassigned to the Fremont Street security room to monitor surveillance cameras. When I asked why, a spokesperson said, "The city of Las Vegas does not discuss security deployments or assignment of public safety officers." I will continue to seek answers on the officer's conduct. This is one of several ongoing federal lawsuits right now against the city and its marshals. Wrong man, wrong car, wrong reports. And still the marshals walked away while Tim and his family fight in federal court. That's not safety. That's state sanctioned violence. And if accountability doesn't come from within, it has to come from us through lawsuits, through exposure, through relentless pressure.