Ex-Mesquite chief argues recording was legal; seeks dismissal of felony charge

Ex-Mesquite chief argues recording was legal; seeks dismissal of felony charge A former Mesquite police chief charged with a felony for allegedly recording city officials speaking at City Hall was acting lawfully at the time, his attorney asserted in recent court filings. MaQuade Chesley faces a single felony count of intercepting or attempting to intercept a private conversation in Mesquite Justice Court. According to an affidavit linked to an April complaint, the Mesquite Police Department claimed Chesley secretly recorded a discussion at Mesquite City Hall in May 2024 involving two former city council members and the city’s former parks and recreation director. Chesley’s lawyer, Colleen Savage, filed a motion to dismiss the case in Mesquite Justice Court on July 20. She noted that the Metropolitan Police Department initially investigated Chesley at the city’s request but declined to pursue the clandestine recording charge. Months later, on the same day Chesley was deposed in a federal lawsuit he filed against the city, Mesquite police launched their own investigation, Savage said. “Interestingly, MPD’s probe was initiated only after Mr. Chesley filed a separate civilian suit against the City of Mesquite alleging wrongful termination in usurpation of the Peace Officer Bill of Rights,” Savage said. Requests for comment from a Clark County official assigned to Chesley’s case and the city of Mesquite remained pending Monday. The Mesquite Police Department said it supports the Clark County district attorney’s office as it prosecutes the matter. Chesley was terminated by the city in January 2025; the city cited the unauthorized recording as the reason for his dismissal. Police chief heard city discussions, lawyer says According to Savage’s motion, Chesley was at Mesquite City Hall on May 21, 2024, when he observed Mayor Pro‑Tem Karen Fielding conversing with former council member Brian Wursten and former Director of Parks and Recreation Nick Montoya in a downstairs lobby. Chesley was in uniform at the time and overheard the trio’s conversation in a public setting, his lawyer stated. He began recording after hearing talk about accessing a coworker’s private office. “During the conversation, the Recorded Parties openly discussed many matters of public interest that were readily audible to Mr. Chesley and anyone passing through the area,” Savage wrote. “Among other things, they discussed their tendency to unlawfully gain entry to a co‑worker’s private office, their dissatisfaction with the Mesquite Police Department and Mr. Chesley in his capacity as Chief of Police, ongoing civil litigation involving Mr. Chesley, and Deputy City Manager Martine Green.” Savage argued the recording was not private because the participants were discussing city matters in City Hall. She said Chesley later disclosed the recording to Mesquite Police Captains Quinn Averett and Jordan Bundy and to Green. Savage added that Chesley was fired only a week after former city attorney Michael Branum learned of the recording. Chesley filed a civil complaint against the city in federal court on February 3, 2025, and a state court claim on March 3, 2025. After his termination, Branum contacted Metro and requested an investigation, the lawyer said. Savage noted an unidentified undersheriff at Metro concluded that LVMPD would not pursue charges and closed the probe. Investigation moves to Mesquite PD On November 11, 2025, Chesley was deposed in his federal wrongful termination case, the lawyer said. That same day, Savage said Fielding called 911 to report a “secret recording” Chesley had made of her and others, “nearly a year and a half after the recording was taken,” Savage wrote. Henderson police stated in an affidavit that Fielding had recently learned how a Henderson City Council member had been charged with a felony after allegedly surreptitiously recording a fellow council member. Mesquite police then investigated the allegation despite the earlier Metro probe, which Savage claimed produced a biased investigation riddled with errors. Chesley recently reached a $1.4 million settlement with the municipality to resolve some, but not all, of the civil litigation he has filed against the city. His federal lawsuit against the city remains pending. Branum said Monday it will be up to the court system to determine whether Chesley’s actions were legal. “I gave advice during my employment at the city of Mesquite to the city manager and City Council with my best legal mentation of possible crimes that might have been committed by the recording, which Mr. Chesley on many occasions admitted that he made,” Branum said. “His contention is that what he did was legal. I had serious concerns that his behavior was not legal.” Branum questioned any suggestion that the criminal case against Chesley was retaliation by the city, noting Clark County prosecutors filed the charge after reviewing evidence in the case. “They felt like their was sufficient to bring charges,” Branum said. “It is simply a stretched statement to say this is all retaliation.”