RGJ attorney: Tesla guards roughed up journalist

Tesla security guards violently confronted two Reno Gazette-Journal journalists who were taking photographs from a hilltop overlooking Tesla’s battery gigafactory site in Storey County during an incident earlier this month that resulted in the arrest of an RGJ photographer, according to a letter from RGJ lawyer Scott Glogovac sent to Tesla on Monday.

The letter is in response to a statement from Tesla regarding the Oct. 9 altercation, in which Tesla accused the RGJ photographer of “accelerating” his Jeep into the two security guards and ramming Tesla’s ATV in an attempt to flee from an alleged trespassing violation.

Photographer Andy Barron, a 18-year veteran newspaper photographer, was booked into the Storey County jail on two counts of battery with a deadly weapon. He was released on bail later that evening.

“This portrayal is scandalous and could not be further from the truth,” Glogovac wrote of Tesla’s recounting of the incident.

Instead, Glogovac said, the security guards rammed the RGJ’s vehicle with an ATV, smashed the driver’s side window with a rock and cut Barron from his seat belt before dragging him out of the vehicle and shoving him to the ground.

Glogovac demanded Tesla stop mischaracterizing the altercation and said the newspaper is considering whether to pursue both criminal and civil claims.

“The purpose of the letter was to complete the picture of everything that happened out there on Oct. 9 and make sure Tesla is aware of the potential claims being made by Reno Gazette-Journal,” Glogovac said.

“Tesla has already (claimed) that the RGJ employees trespassed on Tesla property, but even if they trespassed, that didn’t give Tesla the right to attempt to detain or apprehend the employees in the manner it did: smashing a window, brandishing a knife, physically manhandling the photographer.”

A Tesla spokesperson who asked not to be identified by name described Glogovac’s letter as disappointing.

“It’s disappointing to see that instead of taking appropriate action and investigating this serious incident as RGJ stated they would, RGJ has instead employed outside counsel to leak threatening letters to the press,” the spokesperson wrote. “The letter seems designed to condone repeated trespassing and attack victims for seeking to stop the attack on them. We will not stand for assaults on our employees and are working with law enforcement to investigate this incident and ensure that those responsible are brought to justice.”

The spokesman referred to an email exchange last week between RGJ Publisher John Maher and Tesla officials in which Maher emphasized that the newspaper was taking the incident seriously and investigating the circumstance. The spokesman forwarded the email exchange to the RGJ.

Glogovac wrote that Barron, along with the RGJ’s Tesla and Reno Rebirth reporter Jason Hidalgo, parked the newspaper’s Jeep in a “publicly accessible” area of the Tahoe-Reno Industrial Center and walked up an old road to a ridge overlooking the gigafactory construction site.

As Barron was taking photos for an RGJ story on the gigafactory, he and Hidalgo were approached by a Tesla security guard, who said they were trespassing and demanded “possession of their photographic equipment,” Glogovac wrote.

The two journalists then began “peacefully walking back to their vehicle,” he wrote.

However, a second Tesla security guard had blocked the RGJ Jeep with his ATV. Barron backed up to pull around the ATV and was pursued by the Tesla security guard, who “began ramming the side of the RGJ vehicle before pulling in front of it and forcing it to a stop.”

At that point, Glogovac wrote, the journalists were “descended upon” by the security guards. One guard pounded and jumped on the hood of the newspaper’s Jeep, while the second used a large rock to bash in the driver’s side window.

“A knife was then displayed by one of those individuals, who reached the knife through the broken window and, near the head of the RGJ driver, severed the driver’s side seatbelt,” Glogovac wrote.

The guard then yanked Barron out of the Jeep and planted him “face-first in the dirt with a knee or foot in his back,” while taunting Barron with statements such as “now who’s the tough guy,” Glogovac wrote.

“If the hard hat wearing individuals were, as Tesla has represented, Tesla security guards, those individuals were the lawless renegades, not the RGJ staffers,” Glogovac wrote.

Glogovac said the newspaper is considering whether to pursue criminal assault and battery charges against the security guards and believes the two journalists should pursue civil damage claims against Tesla.

“The driver of the RGJ vehicle, who sustained cuts, bruises and abrasions from the assault perpetrated on him by the Tesla security personnel, should clearly seek appropriate redress from those individuals and Tesla,” Glogovac wrote.

Neither Barron nor Hidalgo were available for comment.

Barron’s lawyer John Arrascada said it is premature for him to comment on whether Barron would seek criminal or civil claims against Tesla or the security guards.

“We will keep all avenues open,” he said. “My focus now is to defend Mr. Barron aggressively and to the best of my ability on whatever charges are filed against him.”

Arrascada said Barron sustained a bruise “the size of a cantaloupe” on his left arm.

In its statement last week, Tesla said the two journalists “climbed through a fence designated with ‘private property’ signs” before they were approached by the security guards.

The guards asked them to stay on the scene until the Storey County sheriff’s personnel could arrive. Tesla’s statement said one of the security guards was attempting to record the Jeep’s license plate number when Barron put the Jeep in reverse and “accelerated into him.”

The guard had cuts on his arms and scrapes to both hands, according to Tesla’s statement.

Another guard was struck in the waist by the Jeep, Tesla said.

The statement said nothing about the guard using a rock to break the window or a knife to cut the seat belt from Barron. It also did not address whether the security guards blocked the Jeep with their ATV.

“We appreciate the interest in the gigafactory, but the repeated acts of trespassing, including by those working for the RGJ, is illegal, dangerous and needs to stop,” the Tesla blog post read.

Although Barron was booked on two felony charges, no criminal complaint had been filed in court as of Monday afternoon.

An arraignment hearing is scheduled for 10 a.m. Nov. 18, according to the Storey County District Attorney’s Office.

The District Attorney is also reviewing a warrant request for criminal charges against Hidalgo. Details on the warrant request were not immediately available.

In an interview on Oct. 9, Storey County Sheriff Gerald Antinoro said the two journalists “went past a no trespassing sign” and then attempted to flee when the security guards tried to detain them.

“He either hit or almost hit one or more of the security officers,” Antinoro said.

The $5 billion gigafactory, a joint project with Panasonic, will manufacture lithium-ion batteries. It has been under construction since May 2014. The Reno Gazette-Journal has been documenting the construction process from the beginning of the project.

The factory is taking advantage of up to $1.25 billion in tax incentives approved by the Nevada Legislature last year. The project is considered a crowning achievement in Gov. Brian Sandoval’s economic development agenda.