Metro officer arrested in domestic dispute faced similar charges in 2011

Related news Metro officer arrested on kidnapping, domestic battery counts

A Metro Police officer arrested early Tuesday over allegations he strangled his girlfriend was terminated then reinstated following a 2011 domestic dispute involving his then-wife, according to police.

James Andrew Burt, 41, is facing charges of domestic battery by strangulation and first-degree kidnapping after his girlfriend of four to five months told police he held her at their home, put his weight on her and held his arm around her neck during a fight late Monday, according to a Metro Police arrest report.

While at Southern Hills Hospital early Tuesday, the girlfriend told a detective she and Burt had a heated discussion when she got home from work about 8 p.m. Monday, the report said.

The couple, who have been living together for two to four months, filed for a civic domestic partnership and were looking to buy a house together, Burt and the girlfriend told police.

The girlfriend said the two got into a dispute Sunday over a situation at her work, and Burt wanted to talk about it again Monday night, according to the report.

She alleges she tried to leave, but Burt grabbed the garage door opener and her car key before tossing them, breaking the opener, according to the report.

She told the detective Burt pulled her from her car in the garage, injuring her right breast, and dragged her into the house with an arm around her neck.

The 6-foot-tall, 240-pound man allegedly put his weight on the 5-foot-2-inch, 125-pound woman and covered her mouth, police said.

She told police she was struggling to breathe with her mouth and nose covered, according to the report.

Burt didn't let her leave the home for about an hour, and the two argued before Burt relented, telling her he messed up and wanted her to get him help, according to the report.

Burt's girlfriend had redness around her neck and jaw, as well as bruising on her right breast, according to the arrest report.

Burt told police there was no physical confrontation between the two, though they did argue, according to the report.

He told police his girlfriend threw the opener on the floor and the fight lasted about 20 minutes.

He also said he didn't see any injuries on the woman before she left the house, the report said.

The arrest report notes the similarities between this case and a previous case involving Burt.

This is not Burt's first run-in with the law.

In 2011, he faced charges of second-degree kidnapping, coercion and two counts of domestic violence battery, according to Las Vegas Justice Court records.

His then-wife told police she and Burt got into an argument about their marriage and her job that turned into a physical fight Sept. 25, 2011, according to Burt's arrest report from that incident.

She claimed Burt pushed and hit her while she was on a couch, punched her in the stomach, and restrained her by holding her face and jaw, the report said.

She also alleged Burt held her by the arm while taking her to their truck, and police stopped the vehicle at the Jean exit of southbound Interstate 15 after receiving a call from the woman's brother, who was following the truck, the report said.

Burt's then-wife had a “large deep scratch” from the left corner of her mouth to her chin, a bruise under her chin and “long scratches” under her jawbone, police said.

Burt denied putting his hands on her and forcing her to the truck, according to the report.

The kidnapping, coercion and one of two battery counts were dismissed outright, and the second battery count was also dismissed after Burt agreed to stay out of trouble, forfeited $1,000 cash bail, completed counseling and did 100 hours of community service, according to a Las Vegas Justice Court spokesperson.

Burt was initially relieved of duty during the 2011 criminal investigation into the charges, but when they were dismissed, he returned to a desk job in October 2011, Officer Laura Meltzer said.

He was then relieved again due to the internal investigation, and his employment was terminated as a result of that investigation in June 2012, Meltzer said.

However, he won in arbitration and was reinstated November 2012.

Burt's current attorney, Warren J. Geller, said the previous charges “should not be held against” Burt, as they were dismissed and his record is clear.

He also called the kidnapping charge stemming from the recent incident “extremely trumped up” and fought Thursday during Burt's 8:30 a.m. initial appearance in Justice Court to have bail granted.

Bail was set at $75,000, and Burt, who was being held at the Clark County Detention Center, was ordered to have no contact with his girlfriend and to surrender his weapons as conditions of bail, according to court records.

A preliminary hearing is scheduled for 10 a.m. Feb. 5, court records show.

Burt, a 10-year Metro veteran, has been relieved of duty without pay, pending internal and criminal investigations, according to police.