LAS VEGAS METROPOLITAN POLICE DEPARTMENT · 2019. 7. 25. · BOLDEN AREA COMMAND (BAC) 1) Officer David Shive P# 14836 SOUTH CENTRAL AREA COMMAND (SCAC) 1) Captain Robert Duvall P#

LAS VEGAS METROPOLITAN POLICE DEPARTMENT

FORCE INVESTIGATION TEAM REPORT CONTINUATION

Event: 160229-3518

LVMPD Internal Oversight & Constitutional Policing Page 2 of 30 Force Investigation Team

I. PERSONS INVOLVED INVOLVED OFFICER(S) Name: William Matchko, P# 8525 Date of Hire: -05 Area of Assignment: South Central Area Command (SCAC) Squad: SC34 Call Sign: Vehicle: SC10256 Shift Hours: 1430-0030 hours Days Off: Wednesday / Thursday / Friday Statement Given to FIT: Yes (Written Voluntary) Weapon Make: Glock Model: 17C Caliber: 9mm

Serial Number: WITNESS OFFICER(S) Name: Christopher Kinman, P# 14317 Date of Hire: -10 Area of Assignment: SCAC Squad: SC33 Call Sign: Vehicle: SC10928 Shift Hours: 1430-0030 hours Days Off: Tuesday / Wednesday / Thursday Statement Given to FIT: Yes Name: Randy Sorensen, P# 12959 Date of Hire: -07 Area of Assignment: SCAC Squad: SC33 Call Sign: Vehicle: SC10258 Shift Hours: 1430-0030 hours Days Off: Tuesday / Wednesday / Thursday Statement Given to FIT: Yes Weapon Make: Glock Model: 17 Caliber: 9mm

Serial Number:



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Name: James Tam, P# 13417 Date of Hire: -08 Area of Assignment: SCAC Squad: SC33 Call Sign: Vehicle: SC10412 Shift Hours: 1430-0030 hours Days Off: Tuesday / Wednesday / Thursday Statement Given to FIT: Yes Weapon Make: Glock Model: 17 Caliber: 9mm

Serial Number: SUSPECT(S) Name: Juan Carlos Lopez-Aguilar Also Known As (AKA): Juan Lopez DOB: -73 SSN: ID: 7516797 Address: Transient Weapon

Make: Replica revolver Criminal Charges: Assault with a Deadly Weapon on Police Officer (2 counts) Resisting a Police Officer with Weapon



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II. PERSONS AT THE SCENE The below persons responded to the primary and/or secondary incident scene; listed is their identifying information, such as area of assignment, job classification, personnel number, and call sign at the time of the incident. LAW ENFORCEMENT INVESTIGATIONS & ADMINISTRATIVE GROUP

ADMINISTRATIVE & SCIENCES DIVISION

CRIMINALISTICS BUREAU

CRIME SCENE INVESTIGATIONS SECTION 1) Director Randal McLaughlin P# 4170 2) Crime Scene Analyst Supervisor (CSAS) Jeffrey Smink Jr. P# 6556 3) Senior Crime Scene Analyst (SCSA) Adam Felabom P# 8427 4) SCSA Caitlin King P# 14372 5) SCSA Jocelyn Maldonado P# 6920 6) Crime Scene Analyst (CSA) Debbie Andrews P# 13766 7) CSA Laura Cornell P# 13576

EVIDENCE VAULT 1) Evidence Technician Jaime Burns P# 10221

HOMELAND SECURITY DIVISION

EMERGENCY OPERATIONS BUREAU

AIR SUPPORT / SEARCH & RESCUE 1) Officer Ryan Petersen P# 10051 2) Officer Melissa Wilds P# 4957 ARMOR (ALL HAZARDS REGIONAL MULTI-AGENCY OPERATIONS AND RESPONSE)

EMERGENCY MANAGEMENT 1) Officer Jason Moyer P# 7905

INTERNAL OVERSIGHT & CONSTITUTIONAL POLICING

1) Captain Shawn Andersen P# 3806

CRITICAL INCIDENT REVIEW TEAM (CIRT) 1) Lieutenant Kelly McMahill P# 5307 2) Detective Richard Golgart P# 4647 3) Detective Patrick Hughes P# 9084 4) Detective Gregory Watkins P# 5471



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FORCE INVESTIGATION TEAM (FIT) 1) Lieutenant William Huddler P# 7789 2) Sergeant Jerry MacDonald P# 4660 3) Detective Trever Alsup P# 5782 4) Detective Marc Colon P# 7585 5) Detective Ryan Jaeger P# 5587 6) Detective Craig Jex P# 5597 7) Detective Brian Kowalski P# 8550 8) Detective Joseph Patton P# 8289 9) Detective Jason Santos P# 8910

LAW ENFORCEMENT OPERATIONS GROUP

COMMUNITY POLICING DIVISION 1) Deputy Chief James Owens P# 3409

BOLDEN AREA COMMAND (BAC) 1) Officer David Shive P# 14836

SOUTH CENTRAL AREA COMMAND (SCAC) 1) Captain Robert Duvall P# 2878 2) Lieutenant Michael Mauntel P# 5318 3) Lieutenant Roger Price P# 5626 4) Sergeant Shellie Clark P# 4261 5) Sergeant William Steinmetz P# 8902 6) Detective Verl Conover P# 8388 7) Detective Farrah Edge P# 8645 8) Detective Brad Janecek P# 8389 9) Detective Eliott Ludtke P# 9044 10) Detective Stephen Trzpis P# 8563 11) Officer Scott Benes P# 12942 12) Officer Bradly Burns P# 9348 13) Officer Garrett Callender P# 14307 14) Officer Bryant Corea P# 9389 15) Officer Chad Cruse P# 14299 16) Officer George Davis P# 14877 17) Officer Brian Drake P# 14315 18) Officer David Groberski P# 8643 19) Officer Joshua Headley P# 14873 20) Officer Bobby Hoffman P# 10069 21) Officer Gabriel Lebario P# 5849 22) Officer Steven Lerner P# 13232 23) Officer Brandon Malkowski P# 13804 24) Officer Veronica Munguia P# 14735 25) Officer Thomas O’Connell P# 13231 26) Officer Misael Parra Jr. P# 14415 27) Officer Ryan Pedroso P# 10039



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28) Officer Casey Pirih P# 6023 29) Officer Charles Travis P# 14828 30) Officer Daniel Weber P# 14457

TOURIST SAFETY DIVISION

SUPPORT OPERATIONS BUREAU

VIOLENT CRIME INITIATIVE 1) Lieutenant Troy Barrett P# 4972 2) Officer Michael Amburgey P# 14869 3) Officer Gregory Amundson P# 12969 4) Officer Charles Huff P# 8888 5) Officer David Maruyama P# 10010 6) Officer Jordan Miller P# 14835 7) Officer Sergio Orizabal P# 8791 8) Officer Louis Russo P# 14737 9) Officer Robert Steinbach P# 13989

WATCH COMMANDERS 1) Lieutenant David Gordon P# 3965

OFFICE OF THE SHERIFF / UNDERSHERIFF

OFFICE OF PUBLIC INFORMATION (PIO) 1) Sergeant Jeffrey Clark P# 8749 2) Officer Jesse Roybal P# 7523

POLICE EMPLOYEE ASSISTANCE PROGRAM (PEAP)

1) Peer Counselor William Gibbs P# 7553 CLARK COUNTY DISTRICT ATTORNEY'S OFFICE

1) Assistant District Attorney Robert Daskas 2) Chief Deputy District Attorney Pamela Weckerly

COLLECTIVE BARGAINING ASSOCIATIONS

LAS VEGAS POLICE MANAGERS AND SUPERVISORS ASSOCIATION (LVPMSA) 1) Lieutenant John Faulis P# 4764 2) Sergeant Michelle Jotz P# 4964 3) Attorney Jay Roberts

LAS VEGAS POLICE PROTECTIVE ASSOCIATION (LVPPA)

1) Officer Steven Grammas P# 6090



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MEDICAL PERSONNEL

AMERICAN MEDICAL RESPONSE (AMR) 1) J. Perez 2) C. Johnson

UNIVERSITY MEDICAL CENTER (UMC)

1) Doctor Mary Rivera III. INCIDENT DETAILS On 02-29-16, at 1958 hours, LVMPD Dispatch received a 911 call from Sylvia Catanzaro stating a male in dark clothing had a handgun and was pointing it at people. Catanzaro described him as a white male in his twenties, wearing dark clothing, and looked homeless. It was also reported that the male had pulled the trigger on the gun, resulting in a “click” noise. Catanzaro further stated that the male was sitting on a retaining wall located on Haven Street and was facing Struzzo Avenue. Catanzaro was on the phone with the call taker as she drove out of the area. At 1915 hours several officers were dispatched to the area. Sergeant William Matchko along with Officers James Tam and Randy Sorensen were the first to arrive in the area. Officers first made contact with Catanzaro to gain more details and then drove through the area in an attempt to locate the male. Sergeant Matchko located the male near the intersection of La Padania Avenue and Stivali Street. The male, later identified as Juan Carlos Lopez-Aguilar, was standing in the driveway of 134 La Padania Avenue. Sergeant Matchko exited his patrol vehicle and gave Lopez-Aguilar verbal commands to drop the firearm he was holding in his left hand. Sergeant Matchko broadcasted via his department radio that Lopez-Aguilar was holding a silver handgun. Officer Sorensen was driving behind Sergeant Matchko in the neighborhood and observed Sergeant Matchko exit his patrol vehicle. Officer Sorrensen also observed Lopez-Aguilar standing in the driveway holding a handgun. Officer Sorensen exited his vehicle and took cover on the passenger side of Sergeant Matchko’s vehicle. Officer Tam was driving behind Officer Sorensen and observed both Sergeant Matchko and Officer Sorensen stop their vehicles and exit. Officer Tam stopped his vehicle behind Officer Sorensen’s vehicle and exited. Officer Tam walked to the passenger side of Sergeant Matchko’s vehicle and stood next to Officer Sorensen. Officer Tam observed Lopez-Aguilar and noticed he was holding a handgun in his hand. Sergeant Matchko directed Officer Tam to move to the other side of the street in an attempt to create a tactical L. Officer Tam moved north across La Padania Avenue and took cover behind a vehicle in the driveway of 132 La Padania Avenue. Officer Tam stayed in this position while Sergeant Matchko gave verbal commands to get Lopez-Aguilar to drop the handgun.



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Lopez-Aguilar pointed the handgun at his head and chest multiple times. At one point officers believed Lopez-Aguilar was attempting to load the handgun and Sergeant Matchko discharged his firearm one time. Lopez-Aguilar fell to the ground and was taken into custody by the officers. Lopez-Aguilar was then transported to UMC Trauma for treatment. Upon arrival of investigators, Detective Edge conducted a briefing. The following persons were present: 1) Deputy Chief Owens 2) Captain Andersen 3) Captain Duvall 4) Lieutenant Huddler 5) Lieutenant Mauntel 6) Lieutenant McMahill 7) Sergeant Clark 8) Sergeant MacDonald 9) Detective Alsup 10) Detective Colon 11) Detective Edge 12) Detective Golgart 13) Detective Jaeger 14) Detective Jex 15) Detective Kowalski 16) Detective Patton 17) Detective Santos 18) Detective Watkins 19) Officer Roybal 20) Director McLaughlin 21) CSAS Smink 22) SCSA King 23) CSA Cornell

Following the briefing, Detective Alsup was assigned the responsibility of documenting the crime scene with crime scene analysts. Detectives Jaeger, Jex, Kowalski, and Patton were assigned to interview available witnesses and conduct weapon countdowns. Detective Colon was assigned responsibilities at the hospital, which included interviewing any possible witnesses. IV. BODY WORN CAMERAS Officer Christopher Kinman Sergeant MacDonald took custody of and secured Officer Kinman's body worn camera. The video footage was later viewed by detectives on 02-29-16 at approximately 2230 hours.



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V. HOSPITAL Detective Colon was assigned the duty of responding to UMC where he made contact with Officer Lebario, at approximately 2300 hours, who was posted next to Lopez-Aguilar’s gurney. Lopez-Aguilar was located at UMC Trauma, bed #1. Lopez was supine with medical intervention present. UMC Trauma medical staff sedated Lopez due to his injury. Lopez sustained a gunshot wound to the right shoulder. A CAT Scan showed a projectile along with fragments in Lopez-Aguilar’s body. Officer Lebario rode in the ambulance, AMR 155, with Lopez-Aguilar while en route to UMC. Lopez-Aguilar communicated to Officer Lebario, in Spanish, that he was not trying to hurt anyone. Lopez-Aguilar also informed Officer Lebario of his name and date of birth. Detective Colon made contact with attending physician Doctor Mary Rivera. Doctor Rivera informed Detective Colon she had initiated a

. Lopez-Aguilar stated he was depressed and had a fake gun that he

was waving around and pointing at people. Lopez-Aguilar explained the reason he was waving the gun around in a neighborhood was he knew the police would respond and shoot him. SCSA Maldonado documented and took digital photographs of Lopez-Aguilar and his injuries which included a gunshot wound to the right shoulder and an abrasion to his right wrist. The following items were impounded by SCAS Maldonado: 1) One (1) pair of black jeans. 2) One (1) tan polo shirt with right shoulder defect. 3) One (1) gray sweatshirt with right shoulder defect. 4) One (1) pair black shoes. 5) One (1) pair of socks. VI. SCENE WALK-THROUGHS The purpose of the scene walk-through is to help investigators develop an understanding of the scene, including identifying officer locations at the time deadly force was used, identifying potential physical evidence, and re-creating a time line of the incident. On 02-29-16, at approximately 2320 hours, Officer Kinman provided a walk-through of the scene in the presence of the following persons:

1) Lieutenant Huddler 2) Sergeant MacDonald 3) Detective Alsup 4) Detective Jex 5) Detective Santos 6) Director McLaughlin 7) CSAS Smink



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8) LVPPA representative Officer Grammas During the walk-through, which was not video or audio recorded, Officer Kinman relayed the following information: Officer Kinman was driving vehicle SC10258 when he arrived. Officer Kinman exited his patrol vehicle and observed Sergeant Matchko standing on the passenger side of his vehicle. Sergeant Matchko had his weapon drawn and he was issuing verbal commands to a Lopez-Aguilar who was standing across the street. Lopez-Aguilar was holding a firearm in his left hand which was pointed towards the ground. Officer Kinman then observed Officer Sorensen standing on the driver’s side of Sergeant Matchko’s patrol vehicle. Officer Sorensen also had his weapon drawn and pointed towards Lopez-Aguilar. According to Officer Kinman, Officer Tam was across the street taking cover behind a vehicle with his weapon drawn and pointed at Lopez-Aguilar. As Officer Kinman approached, Sergeant Matchko gave direction for him to set up a perimeter around the area. Officer Kinman returned to his vehicle to get his map and as he began to set the perimeter he heard a single gunshot. Officer Kinman then exited his vehicle and re-approached Sergeant Matchko. All officers then approached Lopez-Aguilar and took him into custody. On 02-29-16, at approximately 2330 hours, Officer Tam provided a walk-through of the scene in the presence of the following persons: 1) Lieutenant Huddler 2) Sergeant MacDonald 3) Detective Alsup 4) Detective Jex 5) Director McLaughlin 6) CSAS Smink During the walk-through, which was not video or audio recorded, Officer Tam relayed the following information: Officer Tam arrived in the area and upon parking and exiting his patrol vehicle heard Sergeant Matchko giving verbal commands. Sergeant Matchko was on the driver’s side of the patrol vehicle and Officer Sorensen was on the passenger side. Officer Tam moved across the street and took cover on the driver’s side rear quarter panel of a Honda parked in the driveway of 132 La Padania Avenue. Officer Tam observed Lopez-Lopez-Aguilar pull a bullet from his pants pocket and immediately attempt to load the firearm. Officer Tam then heard a single gunshot and observed Lopez-Lopez-Aguilar fall to the ground. Officer Tam approached Lopez-Aguilar with other officers to take him into custody. Upon approaching Lopez-Aguilar, Officer Tam observed a firearm lying on the ground and attempted to kick it away.



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On 02-29-16, at approximately 2340 hours, Officer Sorensen provided a walk-through of the scene in the presence of the following persons:

1) Lieutenant Huddler 2) Sergeant MacDonald 3) Detective Alsup 4) Detective Jex 5) Detective Santos 6) Director McLaughlin 7) CSAS Smink 8) LVPPA representative Officer Grammas During the walk-through, which was not video or audio recorded, Officer Sorensen relayed the following information: Officer Sorensen was driving vehicle SC10258 and followed Sergeant Matchko into the neighborhood upon arriving in the area of the call. Officer Sorensen parked behind Sergeant Matchko and observed him get out of the vehicle and draw his firearm. Officer Sorensen exited his vehicle and approached the passenger side of Sergeant Matchko’s vehicle. Officer Sorensen heard Sergeant Matchko giving verbal commands. Officer Sorrensen looked across the street and observed Lopez-Aguilar standing in the driveway of 134 La Padania Avenue. Officer Sorensen noticed Lopez-Aguilar was holding a silver and white handgun in his left hand. Sergeant Matchko moved to the passenger side of his patrol vehicle, at which time Officer Sorensen moved to the driver’s side of Sergeant Matchko’s vehicle. Sergeant Matchko gave verbal commands in both English and Spanish. Officer Sorensen heard Lopez-Aguilar speaking softly, but did not understand what was being said. Lopez-Aguilar raised the firearm he was holding and pointed it at his chest. He then raised the firearm and pointed it at his head. As Lopez-Aguilar raised the firearm, it was pointed in the direction of all the officers. Officer Sorensen observed Lopez-Lopez-Aguilar pull an object from the pocket of his pants and then manipulated the firearm. Officer Sorensen then heard a single gunshot and saw Lopez-Aguilar fall to the ground.



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VII. PUBLIC SAFETY STATEMENT (PSS) On 02-29-16, at approximately 2230 hours, Detective Jex interviewed Lieutenant Price in reference to the Public Safety Statement he obtained from Sergeant Matchko. Below are the questions asked by Lieutenant Price, with the answers provided by Sergeant Matchko in italics.

1) Did you discharge your firearm? Yes.

a) If so, in what direction? In a northeast direction.

b) Approximately where were you located when you fired? Standing just inside the passenger door of vehicle 1256, which is located on the southeast corner of La Padania Avenue and Stivali Road.

c) How many shots do you think you fired? One (1) shot.

2) Is anyone injured? Yes, a Hispanic male adult, approximately thirty years of age, 5'8" to 5'10", with a thin build, wearing dark clothing. a) If so, where are they located?

He was transported to the hospital.

3) Are there any outstanding suspects? No. a) If so, what is their description?

Not applicable / not asked. b) What direction and mode of travel?

Not applicable / not asked. c) How long have they been gone?

Not applicable / not asked. d) What crime(s) have they committed?

Not applicable / not asked. e) What type of weapon do they have?

Not applicable / not asked.

4) Is it possible the suspect fired rounds at you? No. a) If so, what direction were the rounds fired from?

Not applicable / not asked. b) How many shots do you think the suspect fired?

Not applicable / not asked. c) Approximately where was the suspect located when they fired?




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5) Do you know if any other officer(s) discharged their firearms? No. a) If so, who are they?

Not applicable / not asked. b) Approximately where was the officer(s) located when they fired?


6) Are there any weapons or evidence that needs to be secured/protected? Yes. a) If so, where are they located?

Over by where the suspect was.

7) Are you aware of witnesses? Yes. a) If so, what is their location?

There were three officers and I did not write down their names, but they are all located here.



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VIII. OFFICER WEAPON COUNTDOWNS On 03-01-16, Sergeant Matchko along with Officers Sorensen and Tam had their duty weapons counted down at LVMPD headquarters. Involved and witness officers were photographed by CSI personnel for appearance purposes, and their weapons were photographed for identification purposes. Sergeant Matchko The following persons were present during the countdown: 1) Detective Colon 2) SCSA Felabom 3) LVPMSA representative Lieutenant Faulis 4) LVPMSA representative Sergeant Jotz 5) LVPMSA attorney Jay Roberts Sergeant Matchko was dressed in a standard LVMPD tan long sleeve uniform. He wore LVMPD patches on each shoulder and an LVMPD badge over his left breast. Sergeant Matchko wore a black duty belt with attached tools and equipment as part of his position in patrol. Sergeant Matchko’s handgun was carried on the right side of his body and secured in a holster. Prior to countdown, Sergeant Matchko was advised by PMSA attorney J. Roberts not to disclose how many cartridges he carried in his magazine.

Make Glock

Model 17C

Serial Number

Caliber 9mm

Weapon Mounted Light Streamlight TLR 1S

Ammunition SPEER

Cartridge in Chamber Yes

Magazine from Weapon Capacity: 23 cartridges

Countdown: 21 cartridges

Spare Magazine #1 Capacity: 17 cartridges




At the completion of the countdown, investigators were unable to determine the number of cartridges missing from Sergeant Matchko’s weapon. Evidence on scene determined Sergeant Matchko discharged his weapon one time. Sergeant Matchko’s firearm, magazines, and cartridges were photographed and impounded by SCSA Felabom.



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Officer Sorensen The following persons were present during the countdown:

1) Detective Colon 2) Peer Counselor Gibb 3) SCSA Felabom 4) LVPPA representative Officer Grammas Officer Sorensen was dressed in a standard LVMPD tan uniform. He wore LVMPD patches on each shoulder and an LVMPD badge over his left breast. Officer Sorensen wore a black duty belt with attached tools and equipment as part of his position in patrol. Officer Sorensen’s handgun was carried on the right side of his body and secured in a holster. Prior to countdown, Officer Sorensen stated he carried seventeen cartridges in the magazine loaded in his firearm and one cartridge in the chamber.

Make Glock

Model 17

Serial Number

Caliber 9mm

Weapon Mounted Light No

Ammunition SPEER








At the completion of the countdown, it was determined Officer Sorensen did not fire his firearm during this incident. Officer Sorensen’s firearm, magazines, and cartridges were photographed for documentation and returned.



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Officer Tam The following persons were present during the countdown:

1) Detective Colon 2) SCSA Felabom 3) Peer Counselor Gibb 4) LVPPA representative Officer Grammas

Officer Tam was dressed in a standard LVMPD tan uniform. He wore LVMPD patches on each shoulder and an LVMPD badge over his left breast. Officer Tam wore a black duty belt with attached tools and equipment as part of his position in patrol. Officer Tam’s handgun was carried on the right side of his body and secured in a holster. Prior to countdown, Officer Tam stated he carried seventeen cartridges in the magazine loaded in his firearm and one cartridge in the chamber.

Make Glock

Model 17

Serial Number

Caliber 9mm

Weapon Mounted Light No

Ammunition SPEER








At the completion of the countdown, it was determined Officer Tam did not fire his firearm during this incident. Officer Tam’s firearm, magazines, and cartridges were photographed for documentation and returned.



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IX. DESCRIPTION OF THE SCENE AND VISIBLE EVIDENCE

The description of the scene is reported by SCSA Cornell in her Crime Scene Investigation Report. Her report follows in italics. Information not in italics has been added by Detective Alsup. Vehicle(S): V1: 2010 black & white Ford Crown Victoria; NV/ EX47331; VIN/ 2FABP7V5AX105261; LVMPD Veh. # SC10256. V2: 2011 black & white Ford Crown Victoria; NV/ EX49655; VIN/ 2FABPV6BX150601; LVMPD Veh. # SC10412. V3: 2003 black Toyota Corolla; NV/ 138YXZ; VIN/ 1NXBR32E18Z992092. V4: 2010 black & white Ford Crown Victoria; NV/ EX49671; VIN/ 2FABP7BV9AX105263; LVMPD Veh. # SC10258.



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V5: 2008 black & white Ford Crown Victoria; NV/ EX58004; VIN/ 2FAFP71V78X173171; LVMPD Veh. # SC1928. V6: 2012 grey Honda Civic Hybrid; NV/ 981XUB; VIN/ JHMFB4F23CS005673. V7: 2015 black Chevrolet Tahoe; NV/ TRU LEO; VIN/ 1GNSKBKC1FR569246. GENERAL INFORMATION: On Monday, February 29, 2016 at approximately 2133 hours, I arrived at the intersection of La Padania Ave. and Stivally St. Also at the scene were CSA Supervisor J. Smink #6556, Senior CSA C. King #14372, Detective Sgt. J. MacDonald #4660, Detective T. Alsup #5782, Detective C. Jex #5597, Detective B. Kowalski #8550, Detective M. Colon #7585, Detective J. Patton #8929, and Detective R. Jaeger #5587. The intersection of La Padania Ave. and Stivalli St. was a “T-intersection” in a residential neighborhood. La Padania Ave. was an east/west stree with houses on the north side of the street. Stivalli St. was a north/south street that ended at La Padania Ave. V1 was located at the southeast corner of the intersection, facing northeast. There was a cartridge case (Item #1) on the ground in the gutter at the southeast corner of the intersection, southeast of V1. V2 was parked facing north on the east side of Stivali St. between 11560 and 11566 Stivali St. (south of V1). There was a chrome with white grips toy replica gun (Item #3) in the middle of the street south of 134 La Padania Ave. V3 was parked facing north on the west side of the driveway at 134 La Padania Ave. A yellow lighter (Item #12), a cartridge (Item #2), and medical debris was on the driveway southeast of V3. There was a red bandana (Item #10) with apparent blood, apparent blood, and medical debris on the driveway east of V3. South of V3, on the driveway, there was a black shoulder bag (Item #4) containing miscellaneous items, a grey knit cap (Item #5), a red shirt (Item #6), a black nylon bag (Item #7) containing miscellaneous items, a thermos (Item #9), and a grey blanket (Item #11). V4 and V5 were placed in the scene after initial photographs were captured. V4 was parked facing north on the east side of the street south of V1 and north of V2. V5 was parked facing north southwest of V2. Photography: Digital images were captured by Senior CSA C. King showing the location and condition of the above described scene. Digital images were also captured by Senior CSA C. King showing the following perspective shots:

- From Sgt. Matchko #8525 (located at the right front door of V1) to the subject (located at the southeast corner of the driveway of 134 La Padania Ave.)

- From Officer Sorensen #12959 (located at the left front door of V1) to the subject - From Officer Tam #14317 (located at the west side of the trunk of V6 which was

parked on the west side of the driveway at 132 La Padania Ave.) to the subject - From Officer Kinman #14317 (located in the left front seat of V5) to Sgt. Matchko and

to the subject



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- From the subject to Officer Sorensen and Sgt. Matchko - From a witness in the left front seat of V7 at 116 La Padania Ave. to the subject - From a wintess at the northeast corner of a house at 11585 La Padania Ave. to the

officers and the subject MEASUREMENTS: The following are measurements from each of the above perspective shots.

- From Sgt. Matchko to the subject approximately 52 feet 4 inches - From Officer Sorensen to the subject approximately 51 feet 8 inches - From Officer Tam to the subject approximately 49 feet 8 inches - From Officer Kinman to subject approximately 116 feet 8 inches - From Officer Kinman to Sgt. Matchko approximately 64 feet 8 inches - From witness in V7 to subject approximately 220 feet 2 inches - From witness at 11585 Stivali to subject approximately 146 feet 0 inches

EVIDENCE: The following items of evidence were collected by Senior CSA C. King and were impounded as evidence: a cartridge case (Item #1), a cartridge (Item #2), a toy replica gun (Item #3), a black shoulder bag (Item #4), a grey knit cap (Item #5), a red shirt (Item #6), a black nylon bag (Item #7), a brown wallet (Item #8), a thermos (Item #9), a red bandana (Item #10), a grey blanket (Item #11), a yellow lighter (Item #12), a knife (Item #13), a long razor blade (Item #14), and a swab of possible DNA (Item #15)(for more information see Senior CSA C. King’s Evidence Impound Report). X. THIRD PERSON VIDEO AND PHOTOGRAPHIC EVIDENCE Surveillance video was obtained from the following locations:

144 La Padania Avenue

Dotty’s Casino located at 110 E. Bruner Avenue

Lynneve Nunez’ cellular phone



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XI. PERSONS CONTACTED The following persons were contacted reference their knowledge of the facts and circumstances related to the incident: LVMPD OFFICERS / PERSONNEL Lieutenant Roger Price Date of Hire: -97 Area of Assignment: SCAC Squad: SC26 Call Sign: Shift Hours: 1200-2200 hours Days Off: Saturday / Sunday / Monday Obtained Public Safety Statement; provided an audio recorded interview CIVILIANS Cindy Abad DOB: -89 SSN: ID: 6025879 NV OLN: Address: 10996 Stags Leap Court Henderson, NV 89052 Phone Number: Employer: Comprehensive Cancer Centers of Nevada Shift Hours: 0830-1700 hours Days Off: Saturday / Sunday Witness; provided a written statement and audio recorded interview Sylvia Catanzaro DOB: -90 SSN: NV OLN: Address: 10975 Gilespie Street Las Vegas, NV 89185 Phone Number: Employer: Comprehensive Cancer Centers of Nevada Shift Hours: 0830-1700 hours Days Off: Saturday / Sunday Witness; provided a written statement and audio recorded interview



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Deanna Fua DOB: -92 SSN: NV OLN: Address: 134 La Padania Avenue Las Vegas, NV 89183 Phone Number: Witness; provided an audio recorded interview Michael Guerrero DOB: -90 SSN: NV OLN: Address: 104 Struzzo Avenue Las Vegas, Nevada 89183 Phone Number: Witness; provided a written statement and audio recorded interview Sergei Maffei DOB: -91 SSN: CA OLN: Address: 11585 Stivali Street Las Vegas, NV 89183 Phone Number: Employer: Café Zupas Witness; provided an audio recorded interview Dominique McNally DOB: -66 SSN: ID: 920993 Address: 366 Clayton Street Henderson, NV 89074 Phone Number: Employer: Absolute Exhibits Shift Hours: Varies Days Off: Varies Witness prior to shooting at Dotty’s; provided an audio recorded interview



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Damian Nunez DOB: -87 SSN: ID: None Address: 116 La Padania Avenue Las Vegas, NV 89183 Phone Number: Occupation: High school senior (Liberty High School) Witness; provided an audio recorded interview Lynneve Nunez DOB: -75 SSN: ID: 1381081 Address: 116 La Padania Avenue Las Vegas, NV 89183 Phone Number: Occupation: Retired Witness; provided an audio recorded interview XII. INVESTIGATION Sergeant Matchko

Per LVMPD Policy 6/002.04, Post Use of Force Procedures, an involved officer may provide a recorded statement to FIT investigators. If given, involved officer statements are taken at least forty-eight (48) hours after the incident unless waived by the involved officer.

Lieutenant Huddler contacted the Las Vegas Police Managers and Supervisors Association and was advised that Sergeant Matchko would not provide an audio recorded statement to FIT investigators. Sergeant Matchko did however, provide a written voluntary statement. The following is the content from Sergeant Matchko’s voluntary statement.

On 2-29-16, I, Sgt. William Matchko responded to the report of an AWDW. I observed the suspect in the area of 134 La Padania. He was described as a Hispanic male, 30, “vagrant looking,” dark clothes. When I observed him he was near the apparent resident at the house. The resident fled into his house as I saw the suspect had a pistol in his left hand. The suspect was agitated, raising and lowering the gun and not following commands. Eventually, he raised the gun across his body. He appeared to by loading the gun or manipulating a safety in preparation to fire the gun. The gun was raised with the barrel going toward the direction of Officer Tam. This action placed Officer Tam in a reasonable apprehension of immediate bodily harm with a firearm.

Sylvia Catanzaro

On 02-29-16, at approximately 2244 hours, Detective Patton conducted an audio recorded interview with Sylvia Catanzaro at 104 Struzzo Avenue. The following is a summary of the interview; for complete details refer to the interview transcript.



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Catanzaro was standing next to the driver’s door of her Jeep that was parked on the south side of Struzzo Avenue facing east. Catanzaro was holding her two year old son as her boyfriend Michael Guerrero installed the car seat in the back of the Jeep. Catanzaro heard a clicking sound that drew her attention to the intersection of Struzzo Avenue and Haven Street. As Catanzaro turned to see what was making the noise, she observed a male, Juan Carlos Lopez-Aguilar, standing in the intersection. Lopez-Aguilar stared at Catanzaro as he struck himself on the head with the gun he was holding in his right hand. As this was occurring, Guerrero looked up from the backseat of the Jeep and observed Lopez-Aguilar. Guerrero immediately yelled, “He’s got a gun. Get in the car!” Catanzaro, her son and Guerrero entered the Jeep and drove east on Struzzo Avenue. As she drove east, Catanzaro called 911. Catanzaro drove out of the neighborhood and looped back to Haven Street. As she drove north on Haven Street, Catanzaro no longer saw Lopez-Aguilar in the area. Catanzaro returned to 104 Struzzo Avenue and waited for officers to arrive. Catanzaro stated Lopez-Aguilar never pointed his firearm at her or threatened her with the firearm. Lopez-Aguilar just stood in the intersection and stared at her as he waved the firearm in the air and struck himself in the head. Lopez-Aguilar never spoke during the encounter.

Michael Guerrero On 02-29-16, at approximately 2246 hours, Detective Santos conducted an audio recorded interview with Michael Guerrero at the intersection of Haven Street and Struzzo Avenue. The following is a summary of the interview; for complete details refer to the interview transcript. Guerrero was in front of his residence with his girlfriend, Sylvia Catanzaro, and Cindy Abad. Catanzaro was carrying their two-year-old child. While they were installing a child seat into his vehicle, Guerrero saw Lopez-Aguilar walking away from them towards Haven Street. Lopez-Aguilar was holding a silver revolver in his left hand. Lopez-Aguilar walked across the street and sat down on a wall while still holding the firearm. Cantanzaro, Guerrero, their child, and Abad entered Guerrero’s vehicle and left the immediate area. Catanzaro called 911 and they circled the neighborhood. When they returned to Guerrero’s residence, Lopez-Aguilar was no longer there. Guerrero walked to the intersection of Struzzo Avenue and Stivali Street and saw Lopez-Aguilar sitting on top of a vehicle in the middle of the street. Officers arrived at Guerrero’s residence and he walked back to speak with them. Guerrero directed officers to where he last saw Lopez-Aguilar.



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Cindy Abad On 02-29-16, at approximately 2251 hours, Detective Kowalski conducted an audio recorded interview with Cindy Abad at the intersection of Haven Street and Barbara Lane. The following is a summary of the interview; for complete details refer to the interview transcript. Abad was seated in the passenger seat of Guerrero’s vehicle. The vehicle was parked in front of Guerrero’s residence. Guerrero was installing a baby seat in the back seat and Catanzaro was standing outside the vehicle holding their two-year-old child. Abad was texting on her phone when Catanzaro got into the driver’s seat. They drove down the street and Catanzaro called 911. Abad saw Lopez-Aguilar sitting on the wall on the west side of Haven Street at Struzzo Avenue. They drove through the neighborhood and, when they returned to Haven Street and Struzzo Avenue, Lopez-Aguilar was no longer in the area. They continued to drive through the neighborhood and observed Lopez-Aguilar walking down Struzzo Avenue at the end of the block. When he walked out of view, they parked at Guerrero’s residence and met with the arriving officers. Abad was not present at the officer involved shooting location. Lynneve Nunez

On 02-29-16, at approximately 2258 hours, Detective Jaeger conducted an audio recorded interview with Lynneve Nunez at 116 La Padania Avenue. The following is a summary of the interview; for complete details refer to the interview transcript. On 02-29-16, Nunez was returning home with her son, Damian. Nunez turned into her neighborhood from Haven Street then onto Struzzo Avenue. While on Struzzo Avenue, Nunez noticed three patrol vehicles behind her. At the intersection of Stivali Street and La Padania Avenue, the officers exited their vehicles and pointed their guns at a man standing about four houses east of Nunez’. Nunez parked her vehicle in her driveway, rolled down her window and watched the police activities from inside her vehicle. The officers shouted for the man to “drop the gun” in English and Spanish for several minutes. Nunez heard one gunshot and saw the man go down. After the gunshot, approximately four officers approached the man. One of the officers kicked a gun away from the suspect and told him not to move.

Nunez used her cellular phone to video record the incident. Nunez forwarded a link to police to her YouTube channel where she posted the video.

Damian Nunez

On 02-29-16, at approximately 2307 hours, Detective Jaeger conducted an audio recorded interview with Damian Nunez at 116 La Padania Avenue. The following is a summary of the interview; for complete details refer to the interview transcript.

On 02-29-16, Nunez was returning home with his mother. When they turned into their neighborhood they were followed by three cop cars. Nunez' mother parked in their driveway. From inside the vehicle, Nunez watched the officers converge on a man armed with a silver



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handgun. The officers shouted at the man to “drop the gun” in English and Spanish. Nunez heard one gunshot from police and saw the man fall to the ground. The officers approached the man and a female officer kicked the man’s gun away from him.

Deanna Fua On 02-29-16, at approximately 2316 hours, Detective Santos conducted an audio recorded interview with Deanna Fua at 134 La Padania Avenue. The following is a summary of the interview; for complete details refer to the interview transcript. Fua was inside her residence in an upstairs bedroom when she heard someone outside yelling “drop the gun.” Fua looked out her window and saw a male she did not recognize [Lopez-Aguilar] standing in her driveway. Lopez-Aguilar was holding an object in his hand, but Fua could not tell if it was a firearm. Fua heard multiple uniformed police officers telling Lopez-Aguilar to drop his firearm. Another officer was on a PA system telling residents to stay inside their homes. Fua heard officers telling Lopez-Aguilar to drop his weapon for approximately five to ten minutes before she heard a single gunshot. Sergei Maffei On 02-29-16, at approximately 2329 hours, Detectives Patton and Kowalski conducted an audio recorded interview with Sergei Maffei at 11585 Stivali Street. The following is a summary of the interview; for complete details refer to the interview transcript. On 02-29-16, at approximately 1950 hours, Maffei exited his house at 11585 Stivali Street to go to the store. As he exited the front door, Maffei observed what he believed to be to be a homeless man standing on Stivali Street across from his house. As Maffei walked toward the driveway the man began screaming at him in Spanish. Maffei could not understand what he was saying but it appeared to Maffei that he was trying to get a reaction from Maffei. Maffei went back into of his house, told his mom and sister about the man, retrieved a shovel and returned outside. As he went outside with the shovel, Maffei noticed the man was walking south on Stivali Street then west on Struzzo Avenue. Maffei believed the man was leaving the neighborhood so he returned the shovel inside his house and left to the store. Approximately five minutes later, Maffei returned home and did not see the male anywhere. Maffei went inside his house and had dinner. After dinner, Maffei went outside to smoke a cigarette and saw several police officers at the intersection of Stivali Street and La Padania Avenue. Maffei noticed the officers were ordering the male he had observed earlier to drop his weapon. Maffei stated the male refused to comply with the officer’s commands and an officer shot him. After the gunshot was heard, Maffei several officers rush toward the male and take him into custody. Maffei stated during his interaction with the male he never saw a weapon.



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Officer James Tam

On 03-01-16, at approximately 0147 hours, Detective Jaeger conducted an audio recorded interview with Officer Tam at LVMPD headquarters. Also present during the interview was LVPPA representative Officer Grammas. The following is a summary of the interview; for complete details refer to the interview transcript.

On 02-19-16, Officer Tam was dispatched to a call involving a person brandishing a silver handgun. The details of the call stated a subject walked up to the person reporting’s vehicle brandished a handgun and started “clicking” the handgun. Officer Tam responded to the call from the area of Las Vegas Boulevard and Windmill Lane. Officer Tam arrived at the call with Sergeant Matchko and Officer Sorensen, and met with the person reporting near Haven Street and Struzzo Avenue. Officer Tam contacted the person reporting to gain further details. While talking to the person reporting a citizen stopped Officer Sorensen and informed him he saw the subject of the call walking on Stivali Street towards La Padania Avenue.

All three officers drove to the intersection of Stivali Street and La Padania where they saw the subject armed with a silver handgun in his left hand. Sergeant Matchko gave the subject verbal commands to “drop the gun” in English and Spanish. Officer Tam positioned himself west of the subject and Sergeant Matchko was positioned to the south. The subject was mumbling, babbling, and pointed to his heart and head. The subject reached into his pocket and pulled out a single bullet. The subject started loading the bullet into the gun and one shot was fired. After the shot was fired the subject went down. After the subject went down, the gun was on the ground near the subject’s feet. Officer Tam attempted to kick the gun away from the subject, but was unable to. Officer Sorensen was able to kick the gun away from Lopez-Aguilar and he was taken into custody. Once in custody medical treatment was requested.

Officer Randy Sorensen

On 03-01-16, at approximately 0207 hours, Detective Kowalski conducted an audio recorded interview with Officer Sorensen at LVMPD headquarters. Also present for the interview was LVPPA representative Officer Grammas. The following is a summary of the interview; for complete details refer to the interview transcript. Officer Sorensen was dispatched to a call reference a person with a firearm pointing it at people. He arrived at the location with Sergeant Matchko and Officer Tam. Catanzaro told him that a male had pointed the firearm at her and Guerrero and directed officers to where he had last seen the male. Sergeant Matchko drove towards the location and Officer Sorensen followed. Sergeant Matchko stopped at the intersection of La Padania Avenue and Stivali Street and exited his vehicle. Officer Sorensen saw the male standing next to some garbage cans. The male was holding a silver handgun with white grips in his left hand. The firearm was pointed towards the ground. Sergeant Matchko issued verbal commands in English and Spanish. Officer Sorensen moved up to the passenger side of Sergeant Matchko’s vehicle. Officer Tam took up a position of cover to the west of the male. Officer Sorensen heard the male talking quietly but could not



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hear what he was saying. The male pointed the firearm at his head and at his chest. He also made a gun gesture with the index finger and thumb of his right hand and pointed it at his own head. The male raised the firearm and swept it across where Sergeant Matchko and Officer Sorensen were taking cover. The male grabbed something out of his pocket and began to manipulate the firearm. Officer Sorensen initially believed it was a magazine and the male was loading the firearm. When Officer Sorensen saw the firearm was a revolver, he was unsure of the males actions. Officer Sorensen heard one shot and saw the male fall to the ground. Officer Sorensen and the other officers approached him. He was speaking in Spanish. Officers Tam and Sorensen kicked the firearm away from him and he was taken into custody. Medical was requested and Officer Sorensen saw a bullet lying on the ground near the male. Officer Sorensen believed this was the item that he removed from his pocket and was trying to load into the firearm. Officer Christopher Kinman On 03-01-16, at approximately 0227 hours, Detective Colon conducted an audio recorded interview with Officer Kinman at LVMPD headquarters. Also present for the interview was LVPPA representative Officer Grammas. The following is a summary of the interview; for complete details refer to the interview transcript. Officer Kinman responded to a person with a gun call in the area of Haven Street and Struzzo Avenue. While Officer Kinman was en route, Sergeant Matchko broadcasted he had located the suspect (Juan Lopez) at the corner of La Padania Avenue and Stivali Street. Upon arrival, Officer Kinman observed Sergeant Matchko Officer Sorensen and Officer Tam with their guns drawn and pointed at a male. The male was standing in front of 134 La Padania Avenue with a chrome firearm in his left hand. Sergeant Matchko was giving him verbal commands to put the gun down. Officer Kinman approached Sergeant Matchko and was instructed to advise arriving patrol units to block off surrounding streets. Officer Kinman returned to his vehicle, where he had a map available, to direct arriving units. As Officer Kinman began to broadcast instructions, he observed Sergeant Matchko discharge his firearm one time at the male. Officer Kinman returned to Sergeant Matchko and assisted taking the male into custody. Dominique McNally On 03-01-16, at approximately 1908 hours, Detective Patton and Detective Sergeant MacDonald conducted an audio recorded interview with Dominique McNally at 366 Clayton Street. The following is a summary of the interview; for complete details refer to the interview transcript. On 02-29-16, at approximately 1830 hours, McNally was eating dinner with his wife while inside of the Dotty’s located at 110 E. Bruner Avenue. As he sat inside of the Dotty’s eating,



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McNally observed what he believed to be a homeless male, later identified as Juan Carlos Lopez-Aguilar, pacing back and forth in front of the business. After McNally finished eating, he exited the Dotty’s and began to walk toward his vehicle when he observed Lopez-Aguilar looking up and pointing to the sky. Due to his behavior, McNally believed Lopez-Aguilar suffered from some type of mental illness. McNally approached Lopez-Aguilar and asked him if he was okay. Lopez-Aguilar responded by screaming, “Fuck this! I’m gonna shoot some shit and I’m gonna kill something!” McNally felt it was unsafe to be around Lopez-Aguilar so he left. McNally stated he never saw Lopez-Aguilar with a weapon and Lopez-Aguilar never threatened him. XIII. TIME LINE The below time line is a reconstruction of events which transpired on Monday, 02-29-16, in relation to the non-fatal officer-involved shooting that occurred.

Time (hours)

Description of Event / Action Source

1920 McNally left Dotty’s and briefly spoke with Lopez-Aguilar. Lopez-Aguilar stated he wanted to shoot and kill something.

McNally's interview

1950 Maffei observed Lopez-Aguilar in front of his residence. Lopez-Aguilar was yelling in Spanish.

Maffei's Interview

1958 Catanzaro called 911 to report a person with a gun. Computer Aided Dispatch (CAD)

1959 Officers were dispatched. CAD

2007 Sergeant Matchko and Officers Sorensen and Tam arrived.

CAD

2012 Officers observed Lopez-Aguilar in front of 134 La Padania Avenue with a firearm in his left hand.

CAD

2012 Sergeant Matchko began giving Lopez-Aguilar verbal commands to drop the firearm.

CAD

2018 Shots fired broadcast. CAD



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XIV. FORENSICS REQUESTS / RESULTS On 03-14-16, an LVMPD Forensic Laboratory Request was submitted for the following;

A function test / test fire of Sergeant Matchko’s firearm.

A casing comparison of casings recovered at the scene with test fired casings from Sergeant Matchko’s firearm.

Officer Firearm Examination On 03-14-16, an LVMPD Forensic Laboratory Request was submitted on Sergeant Matchko's firearm for a function test and ballistic comparison evidence. On 03-31-16, Forensic Scientist Anya Lester, P# 13771, submitted the Firearms & Tool Marks Report with the following results: Firearm The Glock pistol was examined, test fired and found to be operational with no noted malfunctions. This pistol has a barrel length of approximately 4 ½ inches, an overall length of approximately 8 inches without the attached flashlight and 8 ½ inches with the attached flashlight and a trigger pull of 6 ¼ - 6 ½ pounds. The submitted magazine fits and functions in this pistol and has a capacity of twenty-two cartridges. Comparisons The evidence cartridge case was examined and microscopically compared to the test fired cartridge cases. Based on these comparative exams, it was determined that the evidence cartridge case was fired by the submitted Glock pistol.



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XV. WITNESS CANVASS On 02-29-16, at approximately 2100 hours, detectives conducted a witness canvass at the residences listed below. Below is a summary of the canvass. LOCATION PERSON CONTACTED INFORMATION OBTAINED 132 La Padania Avenue John Yung

Contact number: Heard officer yell, “Drop the weapon.”

134 La Padania Avenue

Deanna Fua Contact number: 1

Heard male voice say, “Put the gun down.” Observed male in driveway with object in left hand.

136 La Padania Avenue Aaron Allen

Contact number: Heard someone say, “Sir, put the gun down.” Heard one (1) gunshot.

140 La Padania Avenue Minerva Winperis

Contact number: Heard one (1) gunshot.

144 La Padania Avenue James Houtchens

Contact number: Provided security surveillance; heard verbal commands to drop the weapon, and heard gunshots.

148 La Padania Avenue Dillon Michaels

Contact number: Did not see or hear anything.

11563 Rubino Street Derrick Anderson

Contact number: Only hear a “pop.”

11560 Stivali Street No answer. Not applicable. 11566 Stivali Street Timothy Stevenson

Contact number: Heard commands to “drop the gun” followed by a gunshot.

Documents

LAS VEGAS METROPOLITAN POLICE DEPARTMENT · 2019. 7. 25. · BOLDEN AREA COMMAND (BAC) 1) Officer David Shive P# 14836 SOUTH CENTRAL AREA COMMAND (SCAC) 1) Captain Robert Duvall P#