How Can the Wynn ID the Labor Day Brawlers Who Didn't Stay There?

How can the Wynn find the perpetrators involved in the brawl that took place there over Labor Day weekend and prosecute if they’re not guests of the hotel?

[Editor's Note: This answer is written by David McKee.]

It can’t -- and you’ve precisely hit the core of problem.

Right at the top of its civil lawsuit against the perpetrators, Wynn Resorts admits that it has no idea of the identity of the combatants and, thus, is suing 20 “John Does.” They're a placeholder in case, through some miracle, the brawlers are ever identified.

As Las Vegas Metro explained to us, you can’t open a criminal complaint in a case like this unless you have somebody specific against whom to file charges. No victim + no report = Metro can’t track them.

“If we have a suspect, our officers will go above and beyond the call of duty,” a Metro spokesman added.

To illustrate his point, he cited the case of a recent Strip shooter who fled by car. Since Metro was able to identify the automobile, it put out an alert and California Highway Patrol nabbed the culprits as they crossed the border into the Golden State. No such luck at Wynn.

For those of you who are joining our story already in progress, Wynn’s legal filing lays out the facts of the case (independently verifiable by a video that was posted on social media).

“Specifically, at approximately 12:32 a.m. on September 6, 2020, an unknown male dispersed cash in the air ("made it rain") in front of the Encore Lobby Bar. Due to that action, a crowd formed. As that group of 15-20 persons were being escorted out of the Encore Las Vegas by Wynn security, an unknown male (M1) and unknown woman were walking into the same area and words were exchanged between M1 and an unknown male being escorted out of the premises at the time (M2). M1 confronted M2, M2 sucker punched M1, and a fight began. Multiple unknown males and females were involved.”

The brawl escalated: “During this same time, another male began swinging a liquor bottle hitting several persons. Two security officers were struck by unknown males. In the process, a veridoc machine, plants, and stanchions were damaged.” Wynn Resorts seeks $15,000 in damages, plus attorneys’ fees.

The lawsuit seems to be a bit of posturing to burnish Wynn’s image. It has taken some criticism for its lack of keeping a lid on fights, especially in Massachusetts where Encore Boston Harbor has been the scene of frequent police calls and patron fisticuffs.

The suit concludes, “Be assured, Wynn will not sit idly by when anyone engages in mayhem or flouts government-imposed safety measures in violation of Nevada law. Wynn will aggressively pursue all options to hold these individuals accountable even after they flee from Wynn's buildings and away from Nevada's borders. In taking such action, Wynn seeks to quash any mistaken belief that Wynn would ever tolerate any intrusion upon the safety and wellbeing of its guests and employees. Wynn will not.”

Duly noted.

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rokgpsman Oct-22-2020

Doesn't Wynn have photos?

Since the Wynn brawl started inside the Wynn you'd think their camera security system would be helpful. If they can't id the bad guys by name at least it should be able to photo memorize the faces and send an alert if those people show up again at the Wynn or any casino in Las Vegas. We've been told the modern facial recognition systems are able to id undesirables such as banned gamblers and others. So it should also be able to at least have clear photos of the brawlers and have those photos posted and shared with all the other casinos. What's the point of having these million dollar camera security systems if they can't provide clear photos of people that are inside the property? Maybe they don't work as well as they'd like for us to believe.

Pat Higgins Oct-22-2020

We Big Tex

So sad when something like this sort of thing happens.  I have never been involved or witnessed this type of thing in Vegas. However I have witnessed this type of thing as far back as junior high, high school and college. And I went to school at all levels that were in excellent safe parts of town.  Go figure.  So sad that it had to happen at all.

JimBeam Oct-22-2020

This is only partially true . . .

What the author of this answer is forgetting is that by filing the case, the Wynn *does* gain something. Perhaps most importantly, it gains subpoena power over other hotels/sources to get information that can lead to further developments in the case. As an example, I had to do this when I was inside a business and came out to find that my car had been in a hit & run while parked - the person didn't leave a note. So I filed a case against an anonymous party so that I could subpoena the video cameras from the business and find out who hit my car. It's not a common legal tactic but it does work and my guess is that Wynn is doing something similar here.

Eric Forman Oct-22-2020

Facial recognition has limitations

I know everyone has seen fictionalized versions of facial recognition software on CSI and other shows, but the truth is even the best systems are still unreliable much of the time, especially when used with black people. Even the best systems misidentified black people five times more frequently than they did white people. Here's a great story on the subject. https://www.wired.com/story/best-algorithms-struggle-recognize-black-faces-equally/

Bob Nelson Oct-22-2020

Photos/facial ID

Could likely be compromised by mask requirements.

Jerry Patey Oct-22-2020

Facial recognition

Have you heard of facial recognition. Did you watch tv series Person of Interest ? They have facial recognition devices on street and prob inside the casino. They even can do it now when wearing a mask. UK has had this system for years. Thus answer is very easy. Facial recognition. You all look into iPhone to open. Do you really that your iPhone is bullet proof  from federal snooping? They have your facial. Do you have a drivers license? Your face is on it. Why do you think NSA has built huge facilities at Quantico and our believe Utah. They are huge clouds or hard drives. Don’t say they don’t exist. My son helped design the one in Quantico. Big brother is watching. It was called conspiracy theory few years back. How do you think they have location of corona victims abd contacts? Location services on your phone. I don’t think turning it off really does that. Welcome to 1984. Just years later.

Luis Oct-22-2020

Security Cam's

What about the security cameras?, I would think there is no safer place than a hotel casino in Las Vegas, with all the security they have in and around their properties, so what's up with the securitycameras or do I feel falsly safe in these places?

Dave Oct-22-2020

Cameras have limitations

In addition to what was said, unless I’m mistaken, the brawl happened in non-casino areas of the resort. 

Cameras are really there for game and money protection. I think this happened in the lobby - an area that generally has little reason for cameras, therefore has only a minimum allotment of them.

Jackie Oct-22-2020

Reality check

Bottom line this is simply posturing by Wynn to protect its reputation.  Yes what happened is not expected in our society but our society is rapidly changing into mob rule.  This case is merely, in a criminal sense, assault and battery with some property damage which Wynn's insurance already paid for.  The property damage was the extent of Wynn's involvement in the case however the twenty John Doe's was filed to protect the Wynn from any resulting lawsuit against them.  In case you were not aware, the first person to shout victim is always believed innocent by the police while the other person is believed to be the attacker so if the attacker cries first then the victim becomes the attacker in police eyes.  Messy, isn't it but criminals know this and use it to their advantage so immediate use of your cell phone to call 911 is mandatory to protect yourself if attacked or witnessing an attack upon another. So Wynn's filing is saying we are innocent victims.

Jxs Oct-22-2020

Dr. Jerry Patey is back at it again

Conspiracy-theorist and self-proclaimed MD Dr. Jerry is back at it again. Amazing stuff- not only did he somehow get his medical degree with what appears to be a third grade grammar level, but his son helped design part of Quantico. This has Hollywood blockbuster written all over it.

Question of the Day - 22 October 2020

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