Four months later, McCarthy was disciplined again by Cappelluzzo, who suspended him for three days for failing to file a report involving his use of a key to enter a private establishment, a violation of department policy. Cappelluzzo demanded McCarthy hand over his badge during the duration of his suspension. McCarthy allegedly tossed his loaded handgun onto Cappelluzzo’s desk, prompting Cappelluzzo to suspend him for another five days. An independent counsel reviewed and upheld these suspensions and recommended an additional 15-day suspension, which then-Mayor Lisa Mead ordered.
McCarthy was eventually charged in the gun-throwing incident in 2002 and placed on administrative leave by Howard, who had been promoted to marshal. In October 2002, McCarthy was cleared of the charges.
His civil suit was eventually thrown out by a U.S. District Court senior judge and then again by an appeals court judge. His appeal regarding his suspensions also was quashed by the state Civil Service Commission.
With the trial behind, McCarthy is hoping to resume his law enforcement career, according to Louison.