LAS VEGAS METROPOLITAN POLICE DEPARTMENT...37) Officer Garyn McAnally P# 13911 38) Officer Daniel...

LAS VEGAS METROPOLITAN POLICE DEPARTMENT

FORCE INVESTIGATION TEAM REPORT CONTINUATION

Event: 160122-3334

LVMPD Internal Oversight & Constitutional Policing of 35 Force Investigation Team

I. PERSONS INVOLVED INVOLVED OFFICER Name: George Smith, P# 8758 Date of Hire: -2005 Area of Assignment: Convention Center Area Command (CCAC) Squad: CC34 Call Sign: Vehicle: CC10760 Shift Hours: 1500-0100 hours Days Off: Saturday / Sunday / Monday Statement Given to FIT: Yes (written) Weapon Make: Glock Model: 21 Caliber: .45

Serial Number: VICTIMS Name: Kimberly Mansell DOB: -1972 SSN: Address: South 69 West 32641 Westgate Drive Mukwonago, WI 53149 Phone Number: Name: Karlee Stinson DOB: -1997 Address: 3515 Richards Crossing Fort Mill, SC 29708 Phone Number: Name: Raymond Stinson DOB: -1956 SSN: Address: 3515 Richards Crossing Fort Mill, SC 29708 Phone Number: Name: Sherry Stinson DOB: -1966 SSN: Address: 3515 Richards Crossing Fort Mill, SC 29708 Phone Number:



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SUSPECT Name: Kahleal Black Also Known As (AKA): Kimbro Karwell DOB: -1995 SSN: ID: 8182084 Race: Black Height / Weight: 6’1” / 160 pounds Hair / Eyes: Black / Brown Address: 3550 Paradise Road, #255 Las Vegas, NV 89169 Weapon

Make: Webley Model: Mark IV Caliber: .38 Serial Number: 119489

Criminal Charges / Offenses: Assault with a Deadly Weapon with Firearm (4 counts) Assault with a Deadly Weapon on a Police Officer Resisting a Police Officer with Firearm Possession Stolen Property / Firearm II. PERSONS AT THE SCENE The below persons responded to the primary and/or secondary incident scene(s); 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 1) Director Randal McLaughlin P# 4170 2) Crime Scene Analyst Supervisor (CSAS) Michael Perkins P# 4242 3) Senior Crime Scene Analyst (SCSA) Joel Albert P# 13204 4) SCSA Olivia Klosterman P# 13177 5) SCSA Randall McPhail P# 3326 6) SCSA Brenda Vaandering P# 13575 7) SCSA Amanda Wright P# 9974



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HOMELAND SECURITY DIVISION EMERGENCY OPERATIONS BUREAU

AIR SUPPORT / SEARCH & RESCUE 1) Officer David Brooks P# 7947 2) Officer Bryan Woolard P# 7558 ARMOR (ALL HAZARDS REGIONAL MULTI-AGENCY OPERATIONS AND RESPONSE)

EMERGENCY MANAGEMENT 1) Officer Richard Bass Jr. P# 6259

INTERNAL OVERSIGHT & CONSTITUTIONAL POLICING

1) Captain Mathew McCarthy P# 4431

CRITICAL INCIDENT REVIEW TEAM (CIRT) 1) Lieutenant Kelly McMahill P# 5307 2) Detective Cynthia Fasulo P# 5672 3) Detective Patrick Hughes P# 9084 4) Detective Gregory Watkins P# 5471

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 Craig Jex P# 5597 6) Detective Brian Kowalski P# 8550 7) Detective Joseph Patton P# 8289 8) Detective Blake Penny P# 6042

INVESTIGATIVE SERVICES DIVISION

HOMICIDE & SEX CRIMES BUREAU

SPECIAL VICTIMS SECTION

COMPUTER FORENSICS LAB 1) Detective Paul Ehlers P# 4215 2) Detective Zachary Johnson P# 8527

LAW ENFORCEMENT OPERATIONS GROUP

COMMUNITY POLICING DIVISION

1) Deputy Chief Gary Schofield P# 2930



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BOLDEN AREA COMMAND (BAC) 1) Sergeant Dustin Butler P# 6264 2) Officer Gordie Bush P# 9381 3) Officer Maurice Collins P# 4719 4) Officer Frank Grillo P# 15248 5) Officer Greg Harvey P# 15259 6) Officer Raymon Kent P# 6179 7) Officer Joshua Lynn P# 15222 8) Officer William Pollock P# 7203 9) Officer Roberto Medina P# 7422 10) Officer Richard Rundell P# 8719 11) Officer Kolton Sampson P# 15225 12) Officer Andrew Velasquez P# 8444

ENTERPRISE AREA COMMAND (EAC) 1) Officer Jeffrey Lang P# 9662 2) Officer Michael Thiele P# 9199 3) Officer Michael Tran P# 15221

CONVENTION CENTER AREA COMMAND (CCAC) 1) Captain Christopher Tomaino P# 4671 2) Lieutenant William Hutchings P# 4851 3) Lieutenant Joseph Sobrio P# 7299 4) Sergeant Michael Buttars P# 8728 5) Sergeant Anthony Cavaricci P# 9024 6) Sergeant Michael Ford P# 5279 7) Sergeant Blain Holmes P# 7576 8) Sergeant William Jones P# 5739 9) Sergeant Francois Obasi P# 6642 10) Sergeant William Steinmetz P# 8902 11) Detective Matthew Donaldson P# 12935 12) Detective Robert Grantham P# 9841 13) Detective Jeffrey Kinsler P# 8730 14) Detective Travis McMurtry P# 8375 15) Detective John Poulsen P# 9023 16) Officer Jose Arteaga P# 14998 17) Officer Richard Bass III P# 14720 18) Officer Mark Belanger P# 14023 19) Officer Russell Buchanan P# 15094 20) Officer Baron Bybee P# 15080 21) Officer Rawley Campbell P# 14047 22) Officer Joshua Carbone P# 15053 23) Officer Philip Closi P# 6944 24) Officer Garrett Dobbins P# 14910 25) Officer Daniel Dukatz P# 15041 26) Officer Sean Folger P# 15040



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27) Officer Cory Franklin P# 10145 28) Officer Bergman Gadea P# 14894 29) Officer Christopher Gibson P# 14009 30) Officer Joshua Haynes P# 14010 31) Officer Cordell Hendrex P# 9995 32) Officer Pierre Hutchings P# 8760 33) Officer David Jeong P# 14997 34) Officer Jacob Johnson P# 15220 35) Officer Justin Kolarik P# 15052 36) Officer Ryan Kurth P# 15005 37) Officer Garyn McAnally P# 13911 38) Officer Daniel Medeles P# 13714 39) Officer Eduardo Parayno P# 14464 40) Officer Vito Pasqualicchio P# 9847 41) Officer Brian Penhall P# 15012 42) Officer Todd Phillips P# 6711 43) Officer Shiloh Popovich P# 15015 44) Officer Courtney Richardson P# 14739 45) Officer Brett Robbins P# 15029 46) Officer Jimmy Ruiz P# 6070 47) Officer Ali Saleem P# 13393 48) Officer Chris Same P# 13814 49) Officer Anthony Salgado P# 14918 50) Officer Theodore Schaefer P# 9087 51) Officer Jonathan Serrano P# 14871 52) Officer William Smith P# 14848 53) Officer William Stutzman P# 14902 54) Officer Anthony Travaglia P# 8879 55) Officer Dean Vietmeier P# 13825 56) Officer Calvin Wandick P# 9174 57) Officer Dillon Wedewer P# 14110 58) Officer David Westhead P# 14467

SUPPORT OPERATIONS BUREAU

WATCH COMMANDERS 1) Lieutenant Kenneth Romane P# 4693

TRAFFIC BUREAU 1) Officer Michael Kendrick P# 13013 2) Officer John Liles P# 5744 3) Officer Matthew Ware P# 9684



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OFFICE OF THE SHERIFF / UNDERSHERIFF

OFFICE OF PUBLIC INFORMATION (PIO) 1) Sergeant Jeffrey Clark P# 8749 2) Officer Lawrence Hadfield P# 7171

POLICE EMPLOYEE ASSISTANCE PROGRAM (PEAP)

1) Peer Counselor George Gafford P# 4009 2) Peer Counselor Cynthia Williams P# 8466

CLARK COUNTY DISTRICT ATTORNEY'S OFFICE

1) District Attorney Steven Wolfson 2) Assistant District Attorney Robert Daskas 3) Assistant District Attorney Christopher Lalli 4) Chief Deputy District Attorney Marc DiGiacomo

COLLECTIVE BARGAINING ASSOCIATIONS

POLICE MANAGERS AND SUPERVISORS ASSOCIATION (PMSA) 1) Sergeant John Hayes P# 4099

POLICE PROTECTIVE ASSOCIATION (PPA)

1) Officer Darryl Clodt P# 4319 2) Officer Bryan Yant P# 6956 3) Attorney David Roger

MEDICAL PERSONNEL

AMERICAN MEDICAL RESPONSE (AMR) UNIT #149 1) Medic M. Medline 2) Medic S. Niosi

CLARK COUNTY FIRE DEPARTMENT ENGINE & RESCUE #32 1) Medic A. Boyeit 2) Firefighter C. Fells 3) Firefighter N. Fishman 4) Medic M. Lemeuz 5) Firefighter C. Wolf

CHILDREN’S HOSPITAL OF NEVADA AT UNIVERSITY MEDICAL CENTER (UMC)

1) Doctor David Nelson



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III. INCIDENT DETAILS On 01-22-2016, at approximately 1910 hours, several citizens called LVMPD Dispatch and reported a black male adult (Kahleal Black) was standing in the middle of the intersection of Flamingo Road and Las Vegas Boulevard. Black was described to be in his late 20s, 6’1”, really thin build, wearing a gray hooded sweatshirt and blue jeans. He was waving a small frame silver firearm in the air and pointing it at vehicles. Black was then observed jaywalking across Las Vegas Boulevard going toward the Bellagio Resort & Casino. At approximately 1908 hours, surveillance video recorded Black crossing the intersection of Flamingo Road and Las Vegas Boulevard, from east to west. Black walked in the center of the intersection where there were no sidewalks, and remained in the intersection until approximately 1909 hours. Black jumped over a barrier to the Bellagio sidewalk on the southwest corner of the intersection at 1909 hours. He disappeared from camera view (obstructed by a pedestrian bridge) and was seen walking southbound on the Bellagio sidewalk. Black was observed confronting two groups of individuals with what appeared to be a handgun. Black continued walking southbound. At that time he was no longer captured by cameras due to the trees that lined the sidewalk. At approximately 1911 hours, LVMPD officers were dispatched. Officer Smith was the first to arrive on scene. He observed Black walking south on the west sidewalk in front of the Bellagio. Officer Smith exited his vehicle and stated to Black several times, “Show me your hands.” At approximately 1917 hours, Officer Smith fired his weapon at Black. Black was not struck and initially complied with verbal commands. As arriving officers approached to take Black into custody, he became combative and attempted to spit on officers. Officers removed a revolver affixed to Black’s pants by a short tether. Black was transported to the Clark County Detention Center where he fought with corrections officers and refused to identify himself. Both Bruce Arndt and Bernardo Eudave were southwest and approximately three hundred feet from Officer Smith’s location. Eudave’s four-year-old son, who was seated on his shoulders watching the Bellagio fountain show, was struck in the leg by a ricochet round. He suffered a welt on his right outer thigh above his knee. Evidence suggested Officer Smith’s round grazed Arndt’s clothing and struck a pillar that he was leaning against, but Arndt was not wounded. Four people were identified as victims of assault with a deadly weapon with Black as the perpetrator. Black pointed his firearm at each of the victims and clicks were heard as he squeezed the trigger while pointing firearm. Upon arrival of investigators, Detective Poulsen conducted a briefing. The following persons were present:



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1) Captain McCarthy 2) Lieutenant Huddler 3) Lieutenant McMahill 4) Sergeant Clark 5) Sergeant Jones 6) Sergeant MacDonald 7) Sergeant Steinmetz 8) Detective Alsup 9) Detective Colon 10) Detective Donaldson 11) Detective Fasulo 12) Detective Grantham 13) Detective Hughes 14) Detective Iacullo 15) Detective Jex 16) Detective Kinsler 17) Detective Kowalski 18) Detective McMurty 19) Detective Patton 20) Detective Watkins 21) Officer Hadfield 22) Director McLaughlin 23) CSAS Perkins Following the briefing, Detective Colon was assigned the responsibility of documenting the crime scene with crime scene analysts. Detectives Alsup, Jex, and Patton were assigned to interview available witnesses and conduct weapon countdowns. Detectives Kowalski and Penny were assigned responsibilities at the hospital, which included interviewing any possible witnesses. IV. BODY WORN CAMERAS Multiple officers had activated their body worn cameras during the event. Although the officer-involved shooting was not recorded, there was video footage that was captured of officers taking Black into custody, crowd control, and witness canvassing. The following officers downloaded their body worn camera footage into the investigative database: 1) Officer Arteaga 2) Officer Bass 3) Officer Buchanan 4) Officer Bybee 5) Officer Dobbins 6) Officer Gadea 7) Officer Jeong 8) Officer Kolarik 9) Officer Kurth 10) Officer Salgado



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11) Officer Smith 12) Officer Tran V. HOSPITAL On 01-22-2016, at approximately 2047 hours, Detectives Kowalski and Penny responded to the Children’s Hospital of Nevada at UMC. Upon arrival, they made contact with and his parents, Bernardo Eudave and Melissa Briseno. was in room #11 and was in good spirits. Both Eudave and Briseno were interviewed by detectives. [See section XII Investigation for the interview summaries.]

was examined by Doctor David Nelson. right leg, on the outside of his knee, was bruised. The skin was slightly broken with a small amount of blood. X-rays were taken and revealed no further injury. injury was bandaged and he was released.

SCSA Albert responded to the Children’s Hospital of Nevada at UMC. He took multiple photographs of prior to his injury being bandaged. pants were examined and no defects were found to the exterior. A small amount of a red substance, believed to be blood, was located on the interior of the right leg that corresponded with the injury location. SCSA Albert photographed the pants and they were left with the family. For complete details, refer to SCSA Albert’s report. VI. SCENE WALK-THROUGHS The purpose of the scene walk-through was to help investigators develop an understanding of the scene, including identifying officer location at the time deadly force was used, identifying potential physical evidence, and re-creating a time line of the incident. On 01-22-2016, at approximately 2230 hours, Officer Smith provided a walk-through of the scene in the presence of the following persons:

1) Captain McCarthy 2) Lieutenant Huddler 3) Sergeant MacDonald 4) Detective Colon 5) Director McLaughlin 6) CSAS Perkins 7) LVPPA representative Darryl Clodt 8) LVPPA attorney David Roger During the walk-through, which was not video or audio recorded, Officer Smith relayed the following information: Officer Smith reported through his attorney, David Roger, his vehicle was in the same location as it was during the incident. Officer Smith provided the location where he exited the marked patrol vehicle and where he engaged Black.



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Officer Smith provided his perception of where Black was standing when deadly force was used. Officer Smith explained when he exited his patrol vehicle Black continued walking south for approximately ten yards before he turned toward Officer Smith. CSAS Perkins marked Officer Smith’s reported locations, as well as Black’s locations, with orange cones. The locations were photographed and entered into the CSA diagram. VII. PUBLIC SAFETY STATEMENT (PSS) On 01-22-2016, at approximately 2218 hours, Detective Patton interviewed Sergeant Steinmetz in reference to the Public Safety Statement he obtained from Officer Smith. Below are the questions asked by Sergeant Steinmetz, with the answers provided by Officer Smith in bold italics.

1) Did you discharge your firearm? Yes. a) If so, in what direction?

In a southwest direction from my vehicle. b) Approximately where were you located when you fired?

Standing by the driver's front quarter panel of my vehicle. c) How many shots do you think you fired?

Two shots were fired.

2) Is anyone injured? Unknown if anyone was injured. a) If so, where are they located?

Not applicable / not asked.

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?


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




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

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

5) Do you know if any other officer(s) discharged their firearms? No one else did. 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? There was evidence. It was the suspect’s gun. a) If so, where are they located?

It was secured by, uh, Garrett Dobbins, who was on scene as Mary-1-Easy.

7) Are you aware of witnesses? There’s lots of witnesses on the sidewalk. a) If so, what is their location?

Unknown on the specific witnesses because there was so many. VIII. OFFICER WEAPON COUNTDOWNS On 01-22-2016, Officer Smith had his duty weapon counted down at LVMPD headquarters, 400 S. Martin Luther King Boulevard, building C, third floor conference room. Officer Smith was photographed by CSI personnel for appearance purposes. The following persons were present during the countdown: 1) Officer Smith 2) Sergeant Duaine Cowley, P# 4714 3) Detective Hughes 4) Detective Kowalski 5) Detective Watkins 6) PEAP peer counselor George Gafford 7) PEAP peer counselor Cynthia Williams 8) SCSA Klosterman 9) LVPPA representative Bryan Yant 10) LVPPA attorney David Roger Officer Smith was dressed in the standard LVMPD long sleeve uniform. He wore LVMPD patches on each shoulder and an LVMPD badge over his left breast. Officer Smith wore a black duty belt with attached tools and equipment as part of his position in Patrol. Officer Smith’s handgun was carried on the right side of his body and secured in a holster.



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Prior to countdown Officer Smith stated he carried thirteen (13) cartridges in the magazine loaded in his firearm and one (1) cartridge in the chamber (13+1, 14 total).

Make Glock

Model 21

Serial Number

Caliber .45

Weapon Mounted Light Glock Tactical Light (GTL) 10

Ammunition Speer .45 Auto

Cartridge in Chamber Yes

Magazine from Weapon Capacity: 13 cartridges

Countdown: 11 cartridges

Spare Magazine #1 Capacity: 13 cartridges


Spare Magazine #2 Capacity: 13 cartridges


At the completion of the countdown, it was determined Officer Smith discharged his firearm two (2) times during this incident. Officer Smith’s firearm, magazines, and cartridges were photographed and impounded by SCSA Klosterman. IX. DESCRIPTION OF THE SCENE AND VISIBLE EVIDENCE The description of the scene was reported by SCSA Vaandering in her Crime Scene Investigation Report. Her report follows in italics. Information not in italics has been added by Detective Colon. Location: 3600 S. Las Vegas Blvd. – Bellagio Hotel and Casino Victims:

LVMPD Officer G. Smith PN 8758

-2011

Bruce Arndt -1970

Vehicles: Vehicle 1: 2015 Ford Explorer; NV: Las Vegas Metro Police 0335; VIN:

1FM5K8AR0FGC27101; Vehicle #: CC 10760 Vehicle 2: 2013 Suzuki Enduro Dual Sport 400; NV: EX 0994; VIN: JS1SK43A3D2100595;

Vehicle # 7433 Vehicle 3: Suzuki Enduro Dual Sport 400; NV: EX 0454; VIN: JS1SK43A6E2100236;

Vehicle # 7485



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General Information At approximately 2042 hours, I arrived at the above location reference a non-fatal officer involved shooting investigation. LVMPD Patrol Officers had secured the scene with crime scene tape prior to my arrival preventing access to the scene. Scene The scene was located in the southbound lanes of S. Las Vegas Blvd., north of Bellagio Dr. and the sidewalk on the west side of S. Las Vegas Blvd., to the east of 3600 S Las Vegas Blvd – Bellagio Hotel and Casino, in front of the fountain. S Las Vegas Blvd. extended in a north/south direction. Bellagio Dr extended west from the west side of S. Las Vegas Blvd., south of the Bellagio Hotel and Casino at 3600 S Las Vegas Blvd. The northbound and southbound lanes of S Las Vegas Blvd. were divided with a curbed landscaped area east of the Bellagio Hotel and Casino. East of the Bellagio Hotel and Casino southbound S Las Vegas Blvd. consisted of three left turn lanes, four southbound lanes, and one right turn lane. The right hand turn lane was curbed along the east side, separating it from the through southbound lanes. A sidewalk extended north/south on the west side of S. Las Vegas Blvd. Several trees were located along the east side of the sidewalk. On the east side of the sidewalk a metal fence extended north/south east of the trees that lined the sidewalk. This metal fence prevented pedestrian access to the southbound lanes of S Las Vegas Blvd. The Bellagio Hotel and Casino was located on the west side of S. Las Vegas Blvd. The Bellagio Fountain was located to the east of the Hotel and Casino and west of the sidewalk located on the west side S Las Vegas Blvd. The sidewalk contained several semi-circular shaped alcove areas extending west from the sidewalk allowing pedestrians access to view the fountain. An east/west sidewalk extended along the south side of the Bellagio Fountain north of Bellagio Dr. A large square shaped pillar was located at the southeast corner of the Bellagio Fountain, at the intersection of the two sidewalks. The Ford Explorer (vehicle 1) listed above was located facing south and slightly west in the southbound right turn lane of S Las Vegas Blvd., east of the Bellagio Hotel and Casino and east of the third and fourth fountain alcoves from the south end. The two motorcycles listed above (vehicles 2 and 3) were facing south in the southbound right turn lane of S Las Vegas Blvd., south of the Ford Explorer (vehicle 1). Two cartridge cases both bearing the headstamp “SPEER 45 AUTO” (items #1 and #2) were on the pavement in the southbound right turn lane of S Las Vegas Blvd. Item #1 was east of vehicle 2 and item #2 was west of vehicle 2. There were multiple items located on the sidewalk on the west side of S Las Vegas Blvd., east of the metal fence and south of the Ford Explorer (vehicle 1). The items were as follows: a partial book of MGM matches (item #3), a partial jar of “Vaseline Lip Therapy” (item #9), an empty package of “Dutch Masters Honey Fusion” cigarillos (item #10), ten dollars and eight



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cents in U.S. currency and coinage (item #11), three small tied plastic bags containing a green leafy substance (item #12), and a brass colored house key labeled “KW1 USA” (item #13). All of the items located on the sidewalk were photographed as number 3. An impact (labeled Impact 1) was located on the north side of the pillar at the southeast corner of the Bellagio Fountain. The impact was approximately 4 feet 8 inches above the ground and 3 feet 10 inches west of the east edge of the pillar. An approximate five inch by five inch section of the pillar around impact 1 was removed and impounded as Item #14. A second impact was located in the concrete portion of the north side of the pillar at the southeast corner of the Bellagio Fountain. The impact was approximately 11 feet 4 inches above the ground and 1 foot 1 inch west of the east edge of the pillar. A bullet fragment was recovered from this impact and impounded as Item #8. Three bullet fragments (Items #5, #6, and #7) were located on the sidewalk near the southeast corner of the Bellagio Fountain and north of the pillar located at the southeast corner of the Bellagio Fountain. A bullet fragment (Item #4) was located on the east/west sidewalk along the south side of the Bellagio Fountain, west of the pillar located at the southeast corner of the Bellagio Fountain. Photography Digital photographs were taken showing location and overall condition of the scene and the evidence as described above by Senior Crime Scene Analyst R. McPhail PN 3326. Digital photographs were taken showing perspective views of the following:

The approximate location of LVMPD Officer G. Smith PN 8758 (O1) in the west most southbound lane of S Las Vegas Blvd., east of the Bellagio Hotel and Casino and southeast of Vehicle 1 in the following directions:

- Southwest towards the subject John Doe’s location, an approximate distance of 30 feet 1 inch.

- Southwest towards the pillar located at the southeast corner of the Bellagio Fountain, an approximate distance of 286 feet 2 inches.

The approximate location of Subject John Doe (S1) located on the sidewalk on the west side of S Las Vegas Blvd. between the travel lanes and the metal fence and east of Bellagio Hotel and Casino, northeast towards Officer G. Smith PN 8758, an approximate distance of 30 feet 1 inch.

The approximate location of Witness Timothy Dunfield (W1) located on the sidewalk on the west side of S Las Vegas Blvd. near the middle of the third from south alcove in the west sidewalk, east towards Officer G. Smith PN 8758, an approximate distance of 42 feet.

The approximate location of Witness Buddy Wise (W2) located on the sidewalk on the west side of S Las Vegas Blvd. near the north end of the third from south alcove in the west sidewalk, east towards Officer G. Smith PN 8758, an approximate distance of 38 feet 1 inch.



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Evidence Senior Crime Scene Analyst R. McPhail PN 3326 recovered and impounded the following items from the scene:

Two cartridge cases bearing the headstamp “SPEER 45 AUTO” (Items #1 and #2)

Five bullet fragments (Items #4 - #8)

A partial book of MGM matches (Item #3)

A partial jar of “Vaseline Lip Therapy” (Item #9)

An empty package of “Dutch Masters Honey Fusion” cigarillos (Item #10)

Ten dollars and eight cents in U.S. currency and coinage (Item #11)

Three small tied plastic bags containing a green leafy substance (Item #12)

A brass colored house key labeled “KW1 USA” (Item #13)

A cut section of painted Styrofoam building material approximately 5” X 5” with an impact mark on the exterior side (Item #14)

In addition to the above listed items, a Webley model Mark IV .38 six-shot .38 caliber revolver, Serial Number was recovered from the hands of Officer G. Dobbins PN 14910 and impounded as Item #15. The revolver was not loaded. Officer G. Dobbins had secured the above revolver in a paper bag in the trunk of patrol vehicle CC 10132. See the Evidence Impound Report and Firearms Information Sheet in the name R. McPhail PN 3326 for further information. Bullet Hole Testing Bullet hole tests for the presence of lead and copper were conducted on impacts 1 and 2 listed above as well as on a defect located on the base of the concrete railing (north side) at the southeast corner of the Bellagio Fountain. Impact 1 tested negative for both lead and copper. Impact 2 tested positive for lead and negative copper. The defect located on the base of the concrete railing (north side) at the southeast corner of the Bellagio Fountain tested negative for both lead and copper. Diagram A crime scene sketch was prepared at the scene. A completed computer diagram will also be completed. Additional Information Victim 1 (4 year old child) listed above was reportedly being held by one of his parents on the sidewalk along the south side of the Bellagio Fountain, approximately 21 feet 11 inches west of and 2 feet north of the southeast corner of the pillar located at the southeast corner of the Bellagio Fountain when the incident occurred.



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Victim 2 listed above was reportedly standing on the sidewalk just to the north of the pillar located at the southeast corner of the Bellagio Fountain, approximately 2 feet 8 inches west of and 7 inches north of the southeast corner of the pillar when the incident occurred. Senior Crime Scene Analyst R. McPhail PN 3326 took additional photographs of a related scene located at southwest corner of Flamingo Rd and S Las Vegas Blvd as well as photographs of victim 2 listed above. See his report under this event number for further information. Senior Crime Scene Analyst O. Klosterman PN 13177 performed the weapon countdowns on the involved officers. See her report under this event number for further information. Senior Crime Scene Analyst J. Albert PN 13204 responded to UMC Pediatrics to photograph victim 1 listed above. See his report under this event number for further information. X. THIRD PERSON VIDEO AND PHOTOGRAPHIC EVIDENCE Surveillance video / photographs were obtained from the following locations:

Bally’s Las Vegas Hotel & Casino

Bellagio Resort & Casino

Bernardo Eudave’s cellular phone

Harrah’s Las Vegas

Kimberly Mansell’s cellular phone

Southern NV Counter Terrorism Center / Real Time Crime Center (RTCC) XI. PERSONS CONTACTED The following persons were contacted reference their knowledge of the facts and circumstances related to the incident: LVMPD OFFICERS / PERSONNEL Officer Garrett Dobbins Date of Hire: -2014 Area of Assignment: CCAC Squad: CC31 Call Sign: Shift Hours: 1500-0100 hours Days Off: Sunday / Monday / Tuesday Provided an audio recorded statement



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Officer Joshua Haynes Date of Hire: -2009 Area of Assignment: CCAC Squad: CC33B Call Sign: Shift Hours: 1500-0100 hours Days Off: Tuesday / Wednesday / Thursday Provided an audio recorded interview Officer Todd Phillips Date of Hire: -2000 Area of Assignment: CCAC Squad: CC34 Call Sign: Shift Hours: 1500-0100 hours Days Off: Saturday / Sunday / Monday Provided an audio recorded interview CIVILIANS Bruce Arndt DOB: -1970 SSN: Address: Homeless / transient US-95 / Tropicana Avenue Las Vegas, NV 89121 Phone Number: Gunshot victim; provided an audio recorded interview Melissa Briseno DOB: -1983 SSN: CA OLN: Address: 4579 Hornbrook Avenue Baldwin Park, CA 91706 Phone Number: Witness; provided a written statement and audio recorded interview Barbara Cascone DOB: -1965 SSN: Address: 15827 Grave Street Middlefield, OH 44062 Phone Number: Witness; provided a written statement



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Daniel DiPietro DOB: -1962 SSN: Address: 4036 S. Hanson Avenue Milwaukee, WI 53207 Phone Number: Employer: Star Bright Carpet / Upholstery Occupation: Carpet cleaner Witness; provided a written statement and audio recorded interview Timothy Dunfield DOB: -1969 SSN: Address: 9784 Sunlight Canyon Court Las Vegas, NV 89183 Phone Number: Witness; provided an audio recorded interview

Richard Edler DOB: -1952 SSN: Address: 335 Hidden Highlands Drive Las Vegas, NV 89110 Phone Number: 5 Employer: Harrah’s Las Vegas Occupation: Pit supervisor Witness; provided a written statement Bernardo Eudave DOB: -1984 SSN: Address: 4579 Hornbrook Avenue Baldwin Park, CA 91706 Phone Number: Witness; provided an audio recorded interview Richard Goldsmith DOB: -1947 SSN: Address: 35907 Solon Road Chagrin Falls, OH 44022 Phone Number: Witness; provided a written statement



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Elijah Gonzalez

Address: 8777 W. Maule Avenue

Las Vegas, NV 89148

Phone Number:

Witness; provided a non-recorded phone interview

Braedon Hutchinson DOB: -86 SSN: Address: 5824 Avalon Street Wichita, KS 67208 Phone Number: Witness; provided an audio recorded interview Amber Jones

Address: 716 Solitude Point Avenue

Henderson, NV 89012

Phone Number:

Witness; provided a non-recorded phone interview Mickey MacRae

Address: 8812 Canyon Rim Way, #103

Las Vegas, NV 89117

Phone Number:

Witness; provided a non-recorded phone interview Kimberly Mansell DOB: -72 SOC: Address: South 69 West 32641 Westgate Drive Mukwonago, WI 53149 Phone Number: Victim; provided an audio recorded statement Ted Mansell DOB: -69 SSN: Address: South 69 West 32641 Westgate Drive Mukwonago, WI 53149 Phone Number: Witness; provided an audio recorded interview



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Megan McGuire DOB: -1988 SSN: Address: 5824 Avalon Street Wichita, KS 67208 Phone Number: Employer: Tad’s Locker Room Occupation: Sales / Rentals Witness; provided a written statement and audio recorded interview Christine Stevenson DOB: -1968 Address: 9405 S. Eastern Avenue Las Vegas, NV 89123 Phone Number: Witness; provided a written statement Steven Shaw DOB: -1964 SSN: Address: 2665 S. Bruce Street, #12 Las Vegas, NV 89169 Phone Number: Employer: Sky Billboards Occupation: Driver Witness; provided a written statement and audio recorded interview Karlee Stinson DOB: -1997 Address: 3515 Richards Crossing Fort Mill, SC 29708 Phone Number: Victim; provided a written statement and audio recorded interview Raymond Stinson DOB: -1956 SSN: Address: 3515 Richards Crossing Fort Mill, SC 29708 Phone Number: Victim; provided an audio recorded interview



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Sherry Stinson DOB: -1966 SSN: Address: 3515 Richards Crossing Fort Mill, SC 29708 Phone Number: Victim; provided an audio recorded interview Menard Wise DOB: -1951 SSN: Address: 355 Robinson Bridge Road Lecompte, LA 71346 Phone Number: Employer: Wise Arms LLC Occupation: Gun manufacturing Witness; provided a written statement and audio recorded interview XII. INVESTIGATION Officer George Smith 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 hours after the incident unless waived by the involved officer.

Lieutenant Huddler contacted the Las Vegas Police Protective Association and was advised Officer Smith would submit a written statement on 01-25-2016. Richard Goldsmith On 01-22-2016 at approximately 1930 hours, Richard Goldsmith completed a written voluntary statement in the presence of Detective Kinsler while in front of the Bellagio. The following is a summary of the statement; for complete details refer to the written voluntary statement. While watching the Bellagio Fountains show, Goldsmith heard two gunshots behind him. Goldsmith turned around and observed a uniformed police officer pointing a gun at a black male (Black) who was on the ground. The officer was issuing verbal commands to Black shortly before other police officers arrived. Christine Stevenson On 01-22-2016 at approximately 1945 hours, Christine Stevenson completed a written voluntary statement in the presence of Detective Kinsler while in front of the Bellagio. The following is a summary of the statement; for complete details refer to the written voluntary statement.



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Although Stevenson reported not seeing the incident, she heard four to five gunshots while she was standing in front of the Bellagio. Bruce Arndt On 01-22-2016, at approximately 2050 hours, Detectives Jex and Alsup conducted an audio recorded interview with Bruce Arndt inside of Detective Jex’s unmarked LVMPD vehicle which was parked in front of the Bellagio. The following is a summary of the interview; for complete details refer to the interview transcript. Arndt was standing against the gate pillar at the south entrance of the Bellagio. He heard a bang then some debris fall against his head and face. Arndt stated he felt that someone may have hit him. He also noticed what appeared to be a bullet impact next to his shoulder. People around him stated there was a shooting north of them and everyone got to the ground. Arndt went to the area where officers were and made contact with an officer and described the bullet impact. He returned to the area of the gate pillar. A friend of Arndt’s, Michael, showed him what appeared to be a hole in Arndt’s jacket that could have been caused by a bullet strike. Again, Arndt made contact with officers and showed them the hole in his jacket. Arndt remained on the scene and was photographed for evidentiary purposes. The bullet penetrated the jacket, a flannel shirt, then exited. Arndt did not receive any injury from the impact. Bernardo Eudave On 01-22-2016, at approximately 2108 hours, Detectives Kowalski and Penny conducted an audio recorded interview with Bernardo Eudave at the Children’s Hospital of Nevada at UMC, 1800 W. Charleston Boulevard. The following is a summary of the interview; for complete details refer to the interview transcript. Eudave arrived in Las Vegas earlier in the day on 01-22-2016 with his family; his wife Melissa Briseno, his daughter , age 8, and his son , age 4. The family was watching the fountain show at the Bellagio. They were standing near the south side of the fountains on the southeast corner near a concrete pillar. Eudave was standing next to the pillar with on his shoulders, and Melissa and were to his right. Shortly after the show started, Eudave started filming the fountains with his cellular phone. Eudave filmed a six second clip. At the end of the clip, Eudave heard three loud pops from his right towards the north. immediately started crying. told Eudave his leg hurt and it was burning. Eudave set down and looked at his pant leg, but found no indication of anything being wrong. Eudave pulled down pants and saw a bruise and a small amount of blood on

right leg on the outside of the knee. Eudave did not know what had caused the wound. Eudave saw a police car pull up and stop in the southbound lanes of Las Vegas Boulevard in front of the fountains. Two officers exited and ran in the direction of where Eudave heard the



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pops. Eudave and his family moved towards the corner of Las Vegas Boulevard and one of the entrances to the Bellagio. Eudave approached an officer, who was talking to a street vendor inside the crime scene tape in front of the Bellagio fountains, and told him his son had been injured. The officer requested paramedics to respond. Eudave saw Black in custody with the officers. Eudave did not recognize Black or remember having any prior contact with him.

was transported to the Children’s Hospital of Nevada at UMC for treatment. Melissa rode in the ambulance with and Eudave and returned to the Hooters Casino Hotel to retrieve their vehicle and then drove to the hospital. Melissa Briseno On 01-22-2016, at approximately 2131 hours, Detectives Kowalski and Penny conducted an audio recorded interview with Melissa Briseno at the Children’s Hospital of Nevada at UMC, 1800 W. Charleston Boulevard. The following is a summary of the interview; for complete details refer to the interview transcript. Briseno and her family (Bernardo Eudave, , and went to the Bellagio fountains to watch the show. They were standing near the south side of the fountains near Bellagio Drive, next to the third pillar west of Las Vegas Boulevard. In the middle of the show, Briseno heard “popping” noises, but did not recognize them as gunshots. , who was sitting on Eudave’s shoulders, started screaming. Briseno also saw people running, but did not know why. Briseno saw police running, but did not know why. Eudave took down from his shoulders. was limping slightly, and said his leg was hurting and burning. Neither Briseno nor Eudave knew what had happened. Briseno looked at pants, but did not see anything wrong. After removing pants, Briseno saw a bruise on the outside of right knee. She initially believed someone had struck but did not know what had caused the injury. They decided to return to the Hooters Casino Hotel where they were staying. As they were waiting to cross the street on the corner of Bellagio Drive and Las Vegas Boulevard, someone told them there had been a shooting. Briseno believed injury could have been caused by the shooting. They went over and spoke with an officer near the scene. The officer requested paramedics to check condition. Briseno was going to wait and take to his pediatrician when they returned to California on Monday. Paramedics arrived and advised that be examined at the hospital.

was transported to the Children’s Hospital of Nevada at UMC for treatment. Briseno rode with him in the ambulance, and Eudave and retrieved their vehicle and drove to the hospital.



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Sherry Stinson On 01-22-2016 at approximately 2152 hours, Detective Alsup conducted an audio recorded interview with Sherry Stinson inside of Detective Alsup’s unmarked LVMPD vehicle which was parked in front of the Bellagio. The following is a summary of the interview; for complete details refer to the interview transcript. Stinson was walking north on Las Vegas Boulevard with her family. As they were walking, Stinson observed a black male (Black) walking southbound. Stinson described Black as being in his early 20s, wearing black sweatpants, a dark colored shirt, and tennis shoes. Stinson further described Black as having “poofy hair,” which was short on the sides and longer on top. It appeared to Stinson Black may have recently gone to the bathroom and was adjusting his clothing. Stinson observed Black pull a black handgun from somewhere around his waistband and point it at her and her family. Black then pulled the trigger two times which resulted in a clicking sound. Black then laughed and continued to walk south. Stinson and her family continued walking until noticing several LVMPD officers arriving in the area. Stinson made contact with an officer and told him of the event that had happened earlier. Stinson observed Black in police custody and was able to identify him as the person who had pointed a firearm at her. Raymond Stinson On 01-22-2016 at approximately 2213 hours, Detective Alsup conducted an audio recorded interview with Raymond Stinson inside of Detective Alsup’s unmarked LVMPD vehicle which was parked in front of the Bellagio. The following is a summary of the interview; for complete details refer to the interview transcript. Stinson was walking north on Las Vegas Boulevard with his family. Stinson observed a young black male adult (Black) walking south on Las Vegas Boulevard. Stinson described Black as being very loud and animated. Stinson further stated Black was wearing black, baggy sweatpants that were tucked into his socks. As Stinson and his family walked by Black, Black pulled a small revolver from the waistband area of his pants and pointed it in the direction of Stinson and his family. Black then pulled the trigger two times resulting in a “click” sound. Black then laughed and continued walking south. Daniel DePietro On 01-22-2016, at approximately 2222 hours, Detective Jex conducted an audio recorded interview with Daniel DePietro inside of Detective Jex’s unmarked LVMPD vehicle which was parked in front of the Bellagio. The following is a summary of the interview; for complete details refer to the interview transcript.



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DePietro was standing with Ted and Kimberly Mansell on the sidewalk at the north entrance of the Bellagio along with a large group of people watching a group of street performers. DePietro observed Black standing in the group with his hands in the pockets of his hooded sweatshirt, lifting the front of it up and down. He also observed Black holding something in his hands, but could not tell what it was. Approximately a minute later, Black moved farther into the crowd. DePietro did not trust Black’s actions and believed he may have been preparing to rob someone. Black then walked away from the group; DePietro did not know where Black went. The Mansells and DePietro left the area and moved southbound and came upon LVMPD officers and described the interaction at the north end. DePietro completed a written voluntary statement. Karlee Stinson On 01-22-2016 at approximately 2230 hours, Detective Alsup conducted an audio recorded interview with Karlee Stinson inside of Detective Alsup’s unmarked LVMPD vehicle which was parked in front of the Bellagio. The following is a summary of the interview; for complete details refer to the interview transcript. Stinson was walking north on Las Vegas Boulevard with her family and observed a black male adult (Black) in his early 20s walking towards them. According to Stinson, Black was wearing dark colored jogging pants and a hooded sweatshirt. He was approximately 6’ tall, thin, with short hair on the sides and longer hair on the top. Stinson stated as Black approached them he pulled a small handgun from his pants and pointed it at them. He pulled the trigger two times and Stinson heard a clicking noise. After the incident, Black laughed and continued to walk south. Ted Mansell On 01-22-2016, at approximately 2237 hours, Detective Kowalski conducted an audio recorded interview with Ted Mansell at the Molasky Corporate Center, 100 N. City Parkway. The following is a summary of the interview; for complete details refer to the interview transcript. Mansell was with his wife, Kimberly Mansell, and her boss, Daniel DiPietro, watching a street performance on the southwest corner of Las Vegas Boulevard and Flamingo Road. They were standing underneath the pedestrian walkway that crossed Las Vegas Boulevard. Kimberly was videotaping the performance with her cellular phone when she noticed a black male (Black) crossing the road and jump over the concrete barrier. Mansell described Black as a black male, approximately 6’2”, 165 pounds, wearing a dark gray and black sweatshirt. Mansell lost sight of Black. When Mansell saw Black again, Black had a revolver in his hand. Black was pulling the trigger and said, “I’m going to shoot those motherfuckers.” Mansell heard the revolver click as Black pulled the trigger. Black pointed the revolver at the crowd of people watching the street performance. At one point, Black was standing approximately two feet behind Mansell and his wife, pointing the gun at them and pulling the trigger.



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After a short time, Black walked south on Las Vegas Boulevard towards the Bellagio fountains. Mansell did not know what caused Black to leave the area. No one in the crowd interacted with Black in any way. Shortly after the performance, the Mansells and DiPietro walked south in the same direction as Black. Mansell saw police in the area, and as they walked closer they saw Black in custody. He did not hear any gunshots. When officers asked if they had seen anything, the Mansells and DiPietro told officers they had been a witness to Black pointing the gun at them and other people. Kimberly Mansell On 01-22-2016, at approximately 2238 hours, Detective Penny conducted an audio recorded interview with Kimberly Mansell at the Molasky Corporate Center, 100 N. City Parkway. The following is a summary of the interview; for complete details refer to the interview transcript. Mansell was watching and recording with her cellular phone street performers on the corner of Las Vegas Boulevard and Flamingo Road, near the Bellagio. Mansell was standing with her husband, Ted, when she saw a black male (Black) run southbound across Flamingo Road from Caesars Palace. Black was wearing a gray hooded sweatshirt with black sleeves and dark colored pants. As Black jumped over the pony wall from the street onto the sidewalk, Mansell saw Black holding a gun at waist level with his left hand. Mansell warned her husband that Black had something in his hand and to keep an eye on him. As Mansell continued to watch the show, Black made his way around the crowd and stood behind Mansell. Mansell stated Black yelled obscenities and say he wanted to kill them. Mansell saw Black aim a revolver at the crowd and wave it at Mansell and her husband. Mansell described the revolver as black something silver hanging off of it “like a keychain.” Black then pulled the trigger three times and Mansell heard three clicks as the revolver did not discharge. Black then walked southbound on the sidewalk and Mansell lost sight of him in the crowd. When Mansell made it through the crowd to where the officers were, she saw a male sitting on the curb and believed it was the same person who had waved the revolver. Mansell found a patrol officer and reported where the incident began. Mansell also provided video footage from her cellular phone. Mansell did not see the shooting.



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Timothy Dunfield On 01-22-2016 at approximately 2243 hours, Detective Alsup conducted an audio recorded interview with Timothy Dunfield inside of Detective Alsup’s unmarked LVMPD vehicle which was parked in front of the Bellagio. The following is a summary of the interview; for complete details refer to the interview transcript. Dunfield stated he was walking north on Las Vegas Boulevard in front of the Bellagio Hotel when he observed a marked police vehicle travelling south. Dunfield watched as the police vehicle came to a stop and the uniformed officer driving the vehicle exited the car. Upon getting out of the car, the officer drew his weapon and yelled, “Don’t move!” Dunfield turned and observed a black male (Black) turn towards the officer and pull an object from his clothing. Black then pointed the object towards the officer. The officer then discharged his firearm two times in Black’s direction. After the shots were fired, Black fell to the ground and was taken into custody by other officers who had arrived in the area. Dunfield described Black as a 6’ tall with a thin build. According to Dunfield, Black was wearing some type of jacket. Barbara Cascone On 01-22-2016 at approximately 2250 hours, Barbara Cascone completed a written voluntary statement while in front of the Bellagio. The following is a summary of the statement; for complete details refer to the written voluntary statement. Cascone was watching the Bellagio fountain show when she heard two gunshots. As she turned to look in the direction of where she heard the gunshots, she observed a man (Black) on the ground with a police officer standing above him issuing verbal commands. Other police officers arrived and took Black into custody. Megan McGuire On 01-22-2016, at approximately 2313 hours, Detective Jex conducted an audio recorded interview with Megan McGuire inside Detective Jex’s unmarked LVMPD vehicle which was parked in front of the Bellagio. The following is a summary of the interview; for complete details refer to the interview transcript. McGuire was with her boyfriend, Braedon Hutchinson, at Harrah’s Las Vegas and observed Black causing a disturbance and being escorted out the front doors. Black walked next to McGuire and Hutchinson as they left. McGuire believed Black was holding something in his pants, which she believed to be a handgun. Black looked at McGuire and Hutchinson and it caused McGuire to be nervous, so they crossed the street to the Mirage Hotel & Casino sidewalk and continued to walk southbound. They stopped at the Bellagio to watch the fountain show and street performers. McGuire stated they watched a second fountain show. They observed police activity south of their location and heard two gunshots. As they approached, officers were taking Black into



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custody and they recognized him to be the same person that was causing the disturbance at Harrah’s. McGuire approached an officer and described the Harrah’s incident. She and Hutchinson remained on the scene and completed a written statement and recorded interview with detectives. Richard Edler On 01-22-2016 at approximately 2315 hours, Richard Edler completed a written voluntary statement at 3475 S. Las Vegas Boulevard in the presence of Officer Poulsen. The following is a summary of the statement; for complete details refer to the written voluntary statement. Edler was a supervisor at Harrah’s and was notified by an employee that a black male (Black) was harassing casino patrons. Edler made contact with Black, who was wearing a gray hooded sweatshirt and baggy pants, and asked him to leave the property. Black complied and made a few unintelligible comments as he exited the property. Officer Josh Haynes On 01-22-2016, at approximately 2325 hours, Detective Penny conducted an audio recorded interview with Officer Haynes at LVMPD headquarters, 400 S. Martin Luther King Boulevard. The following is a summary of the interview; for complete details refer to the interview transcript. Officer Haynes and his partner, Officer Bybee, were on a traffic stop on Las Vegas Boulevard by the MGM Grand Hotel & Casino when they heard the person with a gun call get dispatched. Officers Haynes and Bybee were driving towards the area of the call when they heard an officer say over the radio he was making contact with a subject who matched the suspect description. Shortly after that radio traffic, it was broadcast that shots were fired. Officers Haynes and Bybee stopped their patrol vehicle at Bellagio Drive and Las Vegas Boulevard and ran northbound towards the scene. Officer Haynes approached where the suspect (Black) was and saw Officer Phillips securing Black’s head and shoulder area. Officer Haynes saw Black was kicking his legs, so Officer Haynes took control of Black’s legs. Black spit at officers and was threatening to kill everybody. While officers were attempting to place Black in handcuffs, Officer Haynes saw a firearm lying on the ground approximately four feet from Black. Officer Dobbins picked up and secured the firearm. Once Black was placed in handcuffs, he was searched by unknown officers who removed several small bags of suspected marijuana. Officer Haynes assisted in having Black checked for injury with medical personnel. Black was subsequently placed in the back of a patrol car. Officer Hayes did not see or hear the shooting. Braedon Hutchinson On 01-22-2016 at approximately 2326 hours, Detective Alsup conducted an audio recorded interview with Braedon Hutchinson inside of Detective Alsup’s unmarked LVMPD vehicle which



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was parked in front of the Bellagio. The following is a summary of the interview; for complete details refer to the interview transcript. Hutchinson was with his fiancée in the casino area of Harrah’s. Hutchinson observed a black male (Black) in a verbal confrontation with an employee of the hotel shortly before 1900 hours. Hutchinson described Black as young and wearing a dark hooded sweatshirt and sweatpants. According to Hutchinson, Black was constantly grabbing his pants as if to adjust an object being concealed in his pants. Hutchinson stated Black was verbally abusive towards the hotel employee who was asking him to leave. Hutchinson heard Black tell the employee that he would “take care of him.” Because the situation seemed to be escalating, Hutchinson and his fiancée decided to leave the property. As they were walking out of the hotel, they noticed Black also walking out very close to them. Hutchinson and his fiancée immediately crossed the street after exiting the hotel to get away from Black, who walked south on the sidewalk. Shortly after leaving, Hutchinson observed police officers in the area of the Bellagio with a person in custody. Hutchinson noticed the person in custody was the person who was causing a disturbance in Harrah’s. Menard Wise On 01-22-2016, at approximately 2335 hours, Detective Jex conducted an audio recorded interview with Mernard Wise inside of Detective Jex’s unmarked LVMPD vehicle which was parked in front of the Bellagio. The following is a summary of the interview; for complete details refer to the interview transcript. Wise was on the sidewalk in front of the Bellagio watching the fountain show. His attention was drawn to the street and he observed an LVMPD police officer exit his marked vehicle and start to give verbal commands to a subject (Black) who was standing in the street. Wise then heard what he believed to be three gunshots fired, and Black went to the ground and did not move until officers moved to take him into custody. Wise saw something in Black’s hand, but could not tell if it was gun or a candy bar. Black did not say anything to the officer, and was not following the officer’s commands at the time the shots were fired. Several officers arrived and assisted in taking Black into custody. Steven Shaw On 01-22-2016 at approximately 2344 hours, Detective Alsup conducted an audio recorded interview with Steven Shaw inside of Detective Alsup’s unmarked LVMPD vehicle which was parked in front of the Bellagio. The following is a summary of the interview; for complete details refer to the interview transcript. Shaw was a driver for Sky Billboards and was driving south on Las Vegas Boulevard in front of the Bellagio. Shaw observed a marked police vehicle behind him as he approached the intersection of Las Vegas Boulevard and Paris Drive. Shaw watched as the marked police



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vehicle stopped and a uniformed officer immediately exited the vehicle. The officer yelled commands, and drew his firearm and pointed it towards the sidewalk. Shaw looked towards the sidewalk and observed a black male (Black) in his 20s, wearing a dark hooded sweatshirt, turn towards the officer while pulling an object from his belt area. The officer continued to yell commands at Black and discharged his firearm. After firing his firearm, the officer continued to give verbal commands as Black got on the ground and was taken into custody. Officer Garrett Dobbins On 01-22-2016, at approximately 2345 hours, Detective Penny conducted an audio recorded interview with Officer Dobbins at LVMPD headquarters, 400 S. Martin Luther King Boulevard. The following is a summary of the interview; for complete details refer to the interview transcript. Officer Dobbins and his partner, Officer Phillips, were preparing to leave the Cosmopolitan Hotel & Casino when they heard a call dispatched over the radio of a person with a gun. Officer Dobbins proceeded to the area of Las Vegas Boulevard and Flamingo Road. Upon reaching the intersection, Officer Dobbins heard an officer broadcast a person matching the suspect description was seen walking southbound by the Bellagio. Officers Dobbins and Phillips travelled to that area. Upon arrival, Officer Dobbins saw several officers had Black at gunpoint. Officer Dobbins approached Black to go hands-on and take him in custody. Officers pulled Black to the side and Officer Dobbins saw Black’s firearm hanging from a lanyard secured with a clip to his person. Officer Dobbins was able to remove the firearm, which he described as a black revolver, from Black. Officer Dobbins secured the revolver inside of his right jacket pocket. Officer Dobbins did have a body worn camera which he activated prior to going hands-on with Black. Officer Todd Phillips On 01-23-2016, at approximately 0004 hours, Detective Penny conducted an audio recorded interview with Officer Phillips at LVMPD headquarters, 400 S. Martin Luther King Boulevard. The following is a summary of the interview; for complete details refer to the interview transcript. Officer Phillips and his partner, Officer Dobbins, were preparing to leave the Cosmopolitan Hotel when they heard a call dispatched over the radio of a person with a gun. Officers Phillips and Dobbins proceeded to the area and attempted to locate the suspect (Black) who was supposed to be in the middle of the intersection of Flamingo Road and Las Vegas Boulevard. They did not locate Black, so they travelled westbound on Flamingo Road for short distance before heading back to Las Vegas Boulevard. Officer Phillips heard radio traffic that an officer



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located a subject matching the suspect description. Shortly after hearing that radio traffic, Officer Phillips heard “shots fired” broadcasted and proceeded to the scene. Upon arrival, Officer Phillips saw Black lying on his back on the curb with his hands being held up around his shoulders. Officer Phillips approached Black and was told the firearm was underneath Black. Officer Phillips took control of Black’s arms and pulled him to the left to locate the firearm. Officer Phillips saw the firearm and noticed it was attached to Black with a keychain. The firearm was described as a revolver. Officer Phillips kept control of Black’s arms as Officer Dobbins secured the revolver. After being handcuffed, Black stated he was not shot by officers. Officer Phillips did not see the shooting. Amber Jones

On 01-23-2016, at approximately 1300 hours, Sergeant MacDonald conducted a non-recorded telephone interview with Amber Jones. The following is a summary of the interview:

Jones, who was driving for Uber, was travelling southbound on Las Vegas Boulevard preparing to make a left turn to go eastbound on Flamingo Road. As Jones was stopped at the intersection, she observed the suspect (Black) in the middle of the intersection walking in the travel lanes. Jones observed a gun in Black’s hands, and him wave it around but not point it at any one person. Jones thought Black was possibly in distress and thought about stopping to see if he was okay. After observing the gun, and realizing she had a customer in her vehicle, she sped up and continued through the intersection.

After clearing the intersection, Jones called 911 to report what she observed. Jones did not witness the shooting. Mickey MacRae

On 01-23-2016, at approximately 1320 hours, Sergeant MacDonald conducted a non-recorded telephone interview with Mickey MacRae. The following is a summary of the interview:

MacRae, who was driving for Uber, was stopped at the red light on Flamingo Road just west of the intersection at Las Vegas Boulevard. MacRae stated he was approximately four car lengths back when he observed Black walking in the intersection with a gun in his hand. MacRae said Black was holding the gun against his stomach as he was walking in the street.

MacRae continued eastbound on Flamingo Road and called 911 to report what he observed. He did not witness the shooting. Elijah Gonzalez

On 01-24-2016, at approximately 1235 hours, Sergeant MacDonald conducted a non-recorded telephone interview with Elijah Gonzalez. The following is a summary of the interview:



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Gonzalez was driving eastbound on Flamingo Road approaching the intersection of Flamingo Road and Las Vegas Boulevard. He observed a black male adult (BMA), mid-20s, wearing a hooded sweatshirt and blue jeans, walking in the middle of the intersection in the westbound to southbound turn lanes. Gonzalez observed the BMA (Black) waving a gun from side to side, back and forth.

Gonzalez stated he felt Black’s mannerisms to be delusional, and it appeared to Gonzalez that Black had “snapped.” Gonzalez’s vehicle windows were up and he did not hear anything Black may have said. Gonzalez did not witness the officer-involved shooting. He stated when he saw Black in the street with the gun he sped up to get around him and continued travelling eastbound. Gonzalez called 911 to report what he observed. Officer Smith On 01-25-2016, at approximately 1030 hours, the Force Investigation Team received a typed statement via LVPPA representative Bryan Yant signed by Officer Smith. The following is the statement in its entirety:

On January 22, 2016, I was working as a uniform police officer and was dispatched to a call involving a male waiving a gun on Las Vegas Boulevard.

I observed a male, matching the description, walking southbound on Las Vegas Boulevard in front of the Bellagio Hotel fountains.

As I approached the suspect, I yelled, “Metro Police, show me your hands.” I yelled at the suspect to, “Show me your hands” multiple times.

Finally, the suspect turned towards me and raised his gun pointed directly at me. Fearing for my life, and the lives of the citizens in the immediate area, I shot at the suspect two times.

The suspect was taken into custody.



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XIII. TIME LINE The below time line is a reconstruction of events which transpired on Friday, 01-22-2016, in relation to the non-fatal officer-involved shooting that occurred in front of 3600 Las Vegas Boulevard South.

Time (hours)

Description of Event / Action Source

19:10:48 Elijah Gonzalez called LVMPD Dispatch and reported a black male adult (Kahleal Black) was in the intersection of Las Vegas Boulevard and Flamingo Road waving a gun.

Computer Aided Dispatch (CAD)

19:11:19 Officer Smith was assigned to the event. CAD

19:12:37 Kimberly Martinez called LVMPD Dispatch and reported Black was walking southbound in the intersection toward the Bellagio.

CAD

19:13:41 Amber Jones called LVMPD Dispatch and reported Black was walking southbound in the intersection toward the Bellagio.

CAD

19:16:29 Officer Smith broadcasted a subject, who matched the suspect description reported by several callers, was walking southbound outside the barriers in front of the Bellagio.

CAD

19:16:32 An unnamed person called to report Black was walking southbound in front of the Bellagio fountains.

CAD

19:16:59 Shots fired was broadcasted. CAD

19:18:29 Officers attempted to take Black into custody. CAD

19:21:19 Officers requested hobbles and a spit mask for Black. CAD

XIV. FORENSICS REQUESTS / RESULTS On 01-28-2016, an LVMPD Forensic Laboratory Request was submitted on Officer Smith’s firearm for a function test and ballistic comparison evidence. Lab Item Description 1 One (1) Glock model 21, .45 caliber semiautomatic pistol,

serial# , and one (1) Glock flashlight 2 One (1) magazine 3 One (1) Webley Mark IV .38 caliber revolver serial# 4 One (1) SPEER .45 Auto cartridge case



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On 04-07-2016, Forensic Scientist D. Angel Moses, P# 8002, submitted the Firearms & Tool Marks Report with the following results: Officer Smith’s Firearm Examination The Glock pistol was examined, test fired and found to be in normal operating condition with no noted malfunctions. This pistol was determined to have a barrel length of approximately 4-5/8 inches, an overall length of approximately 8-1/4 inches without the flashlight and 8-3/8 inches with the flashlight; and trigger pull of 6-3/4 to 7-1/4 pounds. Along with the submitted magazine, the maximum capacity for this pistol was fourteen (14) cartridges. Cartridge Case Examination The test and evidence cartridge cases were microscopically examined in conjunction with one another. Based on these comparative examinations, the following was determined:

The cartridge had been fired by the Glock pistol. Black’s Firearm Examination The Webley revolver was examined, test fired and found to be in normal operating condition with no noted malfunctions. This revolver was determined to have a barrel length of approximately 2-1/16 inches, an overall length of approximately 7-3/8 inches, a single action trigger pull of 5-1/2 to 6-1/4 pounds and a double action trigger pull of 11-1/2 to 12 pounds. This revolver had a capacity of six (6) cartridges. XV. WITNESS CANVASS On 01-22-2016 and 01-23-2016, detectives from CCAC and FIT conducted a witness canvass of the area surrounding 3600 Las Vegas Boulevard South. Video surveillance was obtained, but no new witnesses were discovered.

LAS VEGAS METROPOLITAN POLICE DEPARTMENT...37) Officer Garyn McAnally P# 13911 38) Officer Daniel...

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