The teen, Ariel Mariscal, 16, claims that on Nov. 1, 2007 he was throwing candy in the street in a playful bout with his friend Andrew. Then a stray piece of candy hit the home of Sparks Police Officer Ryan Simpson, angering the officer and resulting in a sticky confrontation.
Mariscal’s mother, Irma Mariscal, filed a complaint with Washoe County District Court on March 7 against Simpson after he allegedly hit the teens while brandishing a gun. The lawsuit also implicates the City of Sparks in the case because Simpson claims that he was acting in a professional capacity when he arrested the two teens.
According to the Sparks Police Department, Simpson is still on active duty, the situation is still being actively investigated by Sparks PD and Simpson cannot comment on the incident.
Both Simpson and the City of Sparks have 20 days to file a response.
Mariscal’s preliminary legal statement depicts a tense confrontation.
According to the legal document, the boys ran down the street after the candy hit the officer’s garage door. Simpson emerged carrying a gun and yelled after the boys “Stop or I’ll shoot.” When the boys stopped, Simpson ordered them onto the ground and asked which one had the BB gun.
Mariscal claims that after he lifted his head from the ground to respond, Simpson hit him with the gun, knocking him unconscious. Mariscal’s friend, Andrew, also lifted his head and claims that Simpson then kicked him in the stomach. Andrew also claims that Simpson grabbed him by the hair, put the gun in his face and told him to shut up.
Simpson then called the police and Mariscal was transported to the hospital. When Washoe County Sheriff's deputies arrived at the scene, Simpson claimed that he had arrested the two teens.
Neighbors in the area of the incident on Lenticular Drive in Spanish Springs have reported past incidents of vandalism and trespassing. Neighbors also claimed on the Sparks Tribune Web site that there are a few inaccuracies in Mariscal’s account of the incident.
According to Mariscal's attorney Jeff Blanck, there were no other witnesses to the incident and that the only injury Ariel sustained was some bruising to his lower jaw. Blanck said his clients are seeking monetary compensation for the cost of Ariel's one-night stay in the emergency room plus damages.