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Excerpted from The Battle for Las Vegas – the Law vs. the Mob

The Maitre d’

On the evening of June 9, 1980, detectives David Groover and Gene Smith were conducting another routine surveillance of the Spilotro gang. On that night they were camped outside the Upper Crust pizza parlor and the adjoining My Place bar, located at Flamingo Road and Maryland Parkway. Tony’s pal, Frank Cullotta, had a financial interest in both establishments and they had become hangouts for the mobsters. Spilotro, Cullotta, and some of their associates were inside the Upper Crust, but nothing exciting was going on. For the two veteran cops, it had all the makings of another uneventful shift.

“We put in a lot of long tedious hours watching those guys. But in that kind of work things could change very quickly, and that night they did,” David Groover said in 2003.

The changes began when a 1979 Lincoln with Illinois license plates pulled into a parking space in front of the Upper Crust. Spilotro, Cullotta, and another associate were now sitting at a table outside the restaurant. The operator of the vehicle went inside the eatery, apparently to order a pizza to go, then came back out and joined Spilotro and the others at the table. They talked for several minutes until the new guy’s pizza was ready. At that point he got back in the Lincoln and drove away. The detectives weren’t sure who this new player was, but it was obvious that he was acquainted with Tony. Smith and Groover decided to follow the Lincoln to see what information they could gather about who he was and what he was up to.

“As soon as he pulled out onto Flamingo he started speeding, doing eighty or better, and driving recklessly. I was driving our unmarked car and Gene was in the passenger seat,” Groover remembered.

“Eventually, we figured we had enough probable cause on the traffic violations to pull the car over and check out the driver. By that time we were on McLeod near a new housing development called Sunrise Villas and the Lincoln had slowed to the speed limit. I put the red light on the dash and activated it for the guy to pull over. The Lincoln turned onto Engresso, the street running into the development, went past an unmanned security booth, and stopped several yards beyond. I parked behind him, got out of the car and approached the Lincoln, verbally identifying myself as a police officer and displaying my badge. As I neared the other car, it pulled away at slow speed, stopping again a short distance away. I got back in our car and followed, angling the police car in and again getting out and approaching the Lincoln. This time Gene got out and took up a position by our passenger door.”

At that time, Groover and Smith didn’t know that the Lincoln was being driven by Frank Bluestein, a 35-year-old maitre d’ at the Hacienda Hotel & Casino, one of the properties controlled by the Chicago Outfit. Also known as Frank Blue, Bluestein and his girlfriend lived in Sunrise Villas. His father, Steve Bluestein, was an official in the local Culinary Union and had been the subject of a 1978 search warrant as part of the FBI investigation of Tony Spilotro.

“This time as I neared the Lincoln, the driver lowered his window. I again identified myself and displayed my badge. Suddenly Gene hollered, ‘Watch out, Dave! He’s got a gun.’ I returned to our car and took up a position behind the driver’s door. Gene and I continued to yell at the guy that we were cops and to put down his gun. He never said a word, but instead of getting rid of the weapon, he turned slightly in his seat, opened his door, and started to get out of the car. The gun was still in his hand and aimed toward Gene. Believing the guy was about to shoot, Gene and I opened fire.”

At approximately 11:45 p.m., shots rang out. Several rounds struck Bluestein. He was rushed to a nearby hospital, where he died a couple of hours later. A .22 handgun was recovered at the scene. But as far as the Bluestein family, Tony Spilotro, and Oscar Goodman were concerned, this was not a justified use of deadly force. It was a police execution, with the cops planting a gun on their victim to add legitimacy to their actions.

It was a time that Dave Groover will never forget. “There was a real firestorm over the Bluestein shooting. We were accused of murdering the guy, planting a gun, and all that stuff. We ran a check on the gun Bluestein had and traced it to his brother, Ronald. The gun had been purchased in Chicago. That pretty much blew the planted-gun charge out of the water. We didn’t release that information right away, though. We waited until the coroner’s inquest to make it public.”

Less than two weeks later, a coroner’s jury ruled the death of Frank Bluestein to be a case of justifiable homicide. The cops were okay in that regard, but the verdict didn’t prevent the filing of numerous civil suits against them. One was a $22 million whopper accusing the cops of violating Bluestein’s civil rights. All of the cases were eventually decided in favor of the police, but the civil- rights suit dragged on for five long years.

As the civil actions were being filed, Groover and Smith knew they had acted appropriately and were confident they would prevail in the end. Other than the annoyance of dealing with the lawsuits, they weren’t overly concerned. But they learned a few months later that whatever was being done to them by the Bluestein family’s attorneys was the least of their worries.

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