LAS VEGAS METROPOLITAN POLICE DEPARTMENT vegas metropolitan police department continuation ... page...

LAS VEGAS METROPOLITAN POLICE DEPARTMENT

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COLT .25 HANDGUN

MODEL: CALIBRE 25

SERIAL#: OBLITERATED

7.62 EWBANK MFG AK STYLE MAGAZINE FED RIFLE MODEL: 004478 EMAKM 7.62x39 SERIAL#: 1983S-A S4608 CRIMINAL CHARGES: ATTEMPT MURDER ON A POLICE OFFICER SHOOTING FROM A MOVING VEHICLE FELONY EVADING EX-FELON POSSESSION OF FIREARM INCIDENT OVERVIEW: On 06-26-14, at approximately 2246 hours, Officer Ryan McNabb was operating as marked patrol unit 3F3 near the intersection of Lake Mead Boulevard and Walnut Road. Officer McNabb was facing southbound on the east side of Walnut Road when he noticed a maroon Dodge Intrepid traveling northbound on Walnut Road with its high beams activated. The driver of the vehicle, later identified as Joshua Bacharach, failed to dim the vehicle’s high beams as it drove past Officer McNabb. Officer McNabb got behind the Intrepid and activated his lights and siren to initiate a traffic stop. Bacharach failed to stop and accelerated away from Officer McNabb. As Officer McNabb attempted to ascertain the vehicle’s license plate number, which was Nevada 731LNX, Bacharach fired a handgun out of the driver’s window. Officer McNabb pursued the Intrepid to the intersection of Walnut Road and Carey Avenue. The pursuit continued eastbound on Carey Avenue. Near the intersection of Carey Avenue and Gateway Road, Bacharach fired two more times at Officer McNabb. The Intrepid drove recklessly through the intersection of Carey Avenue and Lamb Boulevard running a red traffic signal. East of Carey Avenue and Lamb Boulevard, Bacharach fired two more times at Officer McNabb. The Intrepid struck the center median of eastbound Carey Avenue west of Dolly Lane. The Intrepid came to rest in the desert area of the southwest corner of the intersection of Carey Avenue and Dolly Lane. Bacharach exited his vehicle, armed with a handgun, and fired two more times at Officer McNabb. Officer McNabb exited his vehicle and returned fire at Bacharach. Bacharach ran southbound on Dolly Lane. Officer McNabb reloaded his weapon and gave chase on foot. Bacharach ran westbound on El Tovar Avenue and Officer McNabb stopped at Dolly Lane and El Tovar Avenue to wait for backup.


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A perimeter was established and Bacharach was taken into custody, by K-9 Officer Morgan, his canine partner, Claymar, and Officer Huysentruyt, in the backyard of 4586 El Tovar Avenue. Once Bacharach was in custody the surrounding area was cordoned off as a crime scene. Within the crime scene a bulletproof vest and a Colt .45 semi-automatic handgun was located under a Nissan Titan pickup truck parked in front of 4596 El Tovar Avenue.

PERSONS AT THE SCENE: AIR SUPPORT SECTION 1) OFFICER SPENCER BASNER P# 8784 2) OFFICER FRANK RUMERY P# 5817 AUTO THEFT SECTION (VIPER) 1) DETECTIVE JEFFREY TOSCHI P# 6761 2) DETECTIVE LUIS TURCAZ P# 5467 CRIME SCENE INVESTIGATION 1) DIRECTOR RANDAL MCLAUGHLIN P# 4170 2) CSA SUPERVISOR SHAYLA JOSEPH P# 8178 3) SENIOR CSA JOEL ALBERT P# 13204 4) SENIOR CSA BRENDA VAANDERING P# 13575 5) SENIOR CSA AMANDA WRIGHT P# 9974 6) CSA STEPHANIE THI P# 14373 CRITICAL INCIDENT REVIEW TEAM (CIRT) 1) LIEUTENANT JAMES MELTON P# 4691 2) SERGEANT RUSSELL BLACK P# 4635 3) DETECTIVE CYNTHIA FASULO P# 5672 4) DETECTIVE RICHARD GOLGART P# 4647 5) DETECTIVE PATRICK HUGHES P# 9084 6) DETECTIVE DANIEL POND P# 3791 EXECUTIVE STAFF 1) DEPUTY CHIEF THOMAS ROBERTS P# 4589 FIREARMS DETAIL 1) SERGEANT ALFRED WOLFENBARGER P# 5980 2) DETECTIVE FRANK BIEN P# 7946 3) DETECTIVE BRECK HODSON P# 9034 FORCE INVESTIGATION TEAM (FIT) 1) SERGEANT ANNETTE MULLIN P# 5485 2) DETECTIVE CHRISTOPHER BUNTING P# 6484 3) DETECTIVE MITCHELL DOSCH P# 7907 4) DETECTIVE MATTHEW GILLIS P# 6432 5) DETECTIVE RYAN JAEGER P# 5587 6) DETECTIVE JOSEPH PATTON P# 8289 K-9 SECTION 1) LIEUTENANT JOHN PELLETIER P# 6433


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2) SERGEANT ERIC KERNS P# 4331 3) OFFICER SAMUAL CARRILLO P# 7165 4) OFFICER JAMES LEDOGAR P# 7411 5) OFFICER SEAN MALIA P# 5839 6) OFFICER ERNEST MORGAN P# 5851 PATROL DIVISION 1) CAPTAIN RICHARD FLETCHER P# 4511 2) LIEUTENANT JOEL MARTIN P# 5270 3) LIEUTENANT MARK REDDON P# 4884 4) LIEUTENANT BARBARA SCHMIDT P# 4913 5) SERGEANT BRIAN BRIGGS P# 6201 6) SERGEANT VICTOR SABINO P# 5469 7) SERGEANT DAVID SIMS P# 8722 8) OFFICER PAUL AKE P# 8100 9) OFFICER CURTIS ATWOOD P# 10003 10) OFFICER RUSSELL BYBEE P# 13295 11) OFFICER ANTONIO DE LA TORRE P# 8567 12) OFFICER VERNON FERGUSON P# 9353 13) OFFICER ANTHONY GARBUTT P# 7078 14) OFFICER THOMAS HEMSEY P# 14040 15) OFFICER JONATHAN HOUGHTON P# 9789 16) OFFICER KARL HUYSENTRUYT P# 6034 17) OFFICER JESUS JIMENEZ P# 12882 18) OFFICER JOHN KELLY P# 13737 19) OFFICER JESSE KOMMEL-BERNSTEIN P# 9045 20) OFFICER MICHAEL MANGIONE P# 13727 21) OFFICER MICHAEL MCGINNIS P# 4878 22) OFFICER JAMES MCGUIRE P# 14067 23) OFFICER RYAN MCNABB P# 8399 24) OFFICER DAVID MILEWSKI P# 9678 25) OFFICER MILTON MIRAMONTES P# 9813 26) OFFICER EDUARDO NAVA P# 8449 27) OFFICER CJEAN NELSON P# 13728 28) OFFICER JOHN NELSON P# 14008 29) OFFICER SEAN O'DONNELL P# 8787 30) OFFICER AARON PEREZ P# 8392 31) OFFICER HARRISON PORTER P# 14086 32) OFFICER CURT SCHELIN P# 8454 33) OFFICER NATHANIEL SCHULLER P# 9814 34) OFFICER BRANDON SHATRAW P# 7304 35) OFFICER RYAN SMITH P# 13228 36) OFFICER ERIC STAFFORD P# 13642 37) OFFICER JOSHUA STEARNS P# 9203 38) OFFICER ADRIA STOUT P# 9011 39) OFFICER JEREMY VANCE P# 9004 40) OFFICER SCOTT WILDERMUTH P# 8075 41) OFFICER CARLOS ZAMORA P# 9217


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POLICE EMPLOYEE ASSISTANCE PROGRAM (PEAP) 1) COUNSELOR MARYLOU CROCKER P# 7312 PUBLIC INFORMATION OFFICE (PIO) 1) OFFICER JOSE HERNANDEZ P# 5850 VIOLENT CRIMES SECTION 1) SERGEANT MICHAEL MAINES P# 4040 2) DETECTIVE TREVER ALSUP P# 5782 3) DETECTIVE MARC COLON P# 7585 CLARK COUNTY FIRE DEPARTMENT ENGINE #23 MEDICWEST UNIT #603 (TRANSPORTED OFFICER KELLEY) 1) T. BIRO 2) M. CZIRJAK MEDICWEST UNIT #625 (TRANSPORTED BACHARACH) 1) M. LEIST 2) H. PALMER PERSONS AT UMC ATTENDING PHYSICIAN 1) DR. MOORE PATROL DIVISION 1) OFFICER CURTIS ATWOOD P# 10003 (AMBULANCE / UMC / TRANSPORTED SUSPECT TO CCDC) 2) OFFICER VERNON FERGUSON P# 9353 (PERIMETER / UMC / TRANSPORTED SUSPECT TO CCDC) PEAP 1) LEAD COORDINATOR MELISSA CAUSEY P# 5233 VIOLENT CRIMES 1) DETECTIVE EDUARDO PAZOS P# 6817 SCENE WALKTHROUGH – OFFICER MCNABB PERSONS PRESENT DURING WALKTHROUGH 1) SERGEANT ANNETTE MULLIN P# 5485 2) DETECTIVE MATTHEW GILLIS P# 6432 3) DETECTIVE RYAN JAEGER P# 5587 4) PPA ATTORNEY KATHRYN COLLINS 5) PPA REPRESENTATIVE BRYAN YANT P# 6956


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On June 27, 2014, at approximately 0140 hours, Officer McNabb provided a walkthrough of the scene to members of the Force Investigation Team (FIT) while accompanied by his PPA representative and legal counsel. According to Officer McNabb, he was pulled off to the side of Walnut Road, just north of Lake Mead Boulevard, on a suspicious vehicle parked on the side of the road when he observed a Dodge Intrepid traveling northbound with high beams activated. The driver of the Intrepid failed to dim them as he drove by Officer McNabb. Officer McNabb made a U-turn on Walnut Road, called out a vehicle stop over the radio and activated his emergency lights. The Intrepid accelerated northbound on Walnut Road pulling away from Officer McNabb. As Officer McNabb attempted to catch up to the vehicle in order to obtain the license plate, he saw the driver of the vehicle fire a gun out the window towards him in the area of 2266 N. Walnut Road. Officer McNabb advised Dispatch shots had been fired and continued in pursuit of the vehicle. Officer McNabb activated his body camera after the first shots had been fired. Officer McNabb observed the Intrepid run a stop sign at Walnut Road and Carey Avenue as it made an eastbound turn onto Carey Avenue. Officer McNabb activated his siren as he continued the pursuit and saw the suspect fire two more times at him. Officer McNabb saw the muzzle flash and heard something strike his patrol vehicle in the area of Carey Avenue and Gateway Road. Officer McNabb stated he could smell the gunpowder as he continued to follow the Intrepid. The Intrepid continued eastbound on Carey Avenue, reaching speeds of 80 mph. The Intrepid ran the red light crossing Lamb Boulevard causing a citizen vehicle on Lamb Boulevard to brake and swerve in order to avoid a collision. East of Lamb Boulevard Officer McNabb saw the driver and lone occupant of the intrepid fire another two to three gunshots at him. As the vehicle continued eastbound on Carey Avenue approaching Dolly Lane, Officer McNabb observed the Intrepid strike a median then stop in a desert area on the east side of Dolly Lane just south of Carey Avenue. Officer McNabb came to a stop in the east travel lanes of Carey Avenue and saw the driver of the Intrepid armed with a handgun standing by a streetlight on the west side of Dolly Lane. The driver of the Intrepid fired several shots at Officer McNabb. Officer McNabb exited his patrol vehicle and returned fire, discharging approximately four to six rounds from the driver’s side doorway of his police vehicle. Officer McNabb ran to the intersection of Dolly Lane and Carry Avenue where he performed a magazine change then fired additional rounds at the suspect. At this point PPA attorney Kathryn Collins ended the walkthrough. PUBLIC SAFETY STATEMENT: Sergeant Brian Briggs P#: 6201 Call Sign: Date of Hire: - -1999 Area Command/Squad: NEAC / NE33 Shift: 1430-0030 hours RDOs: SSM


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On Sunday, June 27, 2014, at approximately 0118 hours, Detective Patton interviewed Sergeant Briggs in reference to the Public Safety Statement he took from Officer McNabb. The interview took place at the intersection of Payson Avenue and Dolly Lane. Below are the questions asked by Sergeant Briggs, followed by the answers Officer McNabb provided. 1. Did you discharge your firearm? Yes. a) If so, in what direction? Southeast.

b) Approximately where were you located when you fired? First from front of vehicle, Second Dolly and Carey.

c) How many shots do you think you fired? Four to Five first time, then two to three more. 2. Is anyone injured? No. a) If so, where are they located? N/A 3. Are there any outstanding suspects? No. a) If so, what is there description? N/A b) What direction and mode of travel? N/A c) How long have they been gone? N/A d) What crime(s) have they committed? Traffic. e) What type of weapon do they have? Handgun. 4. Is it possible the suspect fired rounds at you? Absolutely, Yes.

a) If so, what direction were the rounds fired from? First northbound Walnut and Lake Mead one shot into the air; second two to three more shots near the stop sign at Walnut & Carey; Third Carey & Lamb in a northwest direction towards police vehicle (I think struck my vehicle), Carey and Dolly.

b) How many shots do you think the suspect fired? Nine to ten. c) Approximately where was the suspect located when they fired? N/A 5. Do you know if any other officer(s) discharged their firearms? No. a) If so, who are they? N/A b) Approximately where was the officer(s) located when they fired? N/A 6. Are there any weapons or evidence that needs to be secured / protected? Yes.

a) If so, where are they located? In the back yard of the house on the northwest corner of Dolly & El Tovar.

7. Are you aware of any witnesses? N/A a) If so, what is their location? N/A Sergeant Briggs conducted the Public Safety Statement on Sunday, June 26, 2014, at approximately 2300 hours.


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OFFICERS AND WITNESSES INTERVIEWED: OFFICERS 1) Curtis Atwood P#: 10003 Call Sign: Vehicle: NE10252 Squad: NE11 Shift: 2200-0800 hours RDOs: MTW Date of Hire: - -2008 (In ambulance with Bacharach en route to UMC) 2) Anthony Garbutt P#: 7078 Call Sign: Vehicle: NE10263 Squad: NE## Shift: 1430-0030 hours RDOs: SSM Date of hire: - -2001 (Witnessed dog bite) 3) Karl Huysentruyt P#: 6034 Call Sign: Vehicle: NE10359 Squad: NE33 Shift: 1430-0030 hours RDOs: SSM Date of Hire: - -1998 (Took Bacharach into custody) 4) John Kelly P#: 13737 Call Sign: Vehicle: NE1932 Squad: NE34 Shift: 1430-0030 hours RDOs: SMT Date of Hire: - -2008 (Injured while arriving to take Bacharach into custody)


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5) Ryan McNabb P#: 8399 Call Sign: Vehicle: NE10213 Squad: NE33 Shift: 1430-0030 hours RDOs: SSM Date of Hire: - -2004 (Officer who was shot at by Bacharach) 6) Ernest Morgan P#: 5851 Call Sign: Vehicle: 9585 Squad: Emergency Operations Bureau / K-9 Shift: 1500-0100 hours RDOs: SMT Date of Hire: - -1998 Canine Partner: Claymar Bread: Dutch shepherd (Morgan’s canine partner bit Bacharach) CIVILIAN WITNESSES: 1) Abel Cortez-Monroy DOB: - -1982

ID#: 1584821 4586 El Tovar Avenue Las Vegas, NV 89115 Cell: ( - Employment: Panda Express cook 3318 E Flamingo Road Las Vegas, NV 89121 (Witnessed Bacharach in backyard of residence) 2) Eufrasia Nazaroff DOB: - -1984

ID#: 1900039 NV OLN:

3333 N. Michael Way, Building 5, Unit 1029 Las Vegas, NV 89108 Cell: ( - Work: ( - Employment: KFC

4434 N. Rancho Drive Las Vegas, NV 89130

Shift: Varies Days Off: Varies (Mother of Bacharach’s children)


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3) Ricardo Quesada-Robles DOB: - -2002 4995 El Tovar Avenue Las Vegas, NV 89115 Cell: ( - (Witnessed Bacharach in front of white Nissan pickup) 4) Jose Quezada-Chavez DOB: - -1978

NV OLN: 4595 El Tovar Avenue Las Vegas, NV 89115 Cell: ( - Employment: Sunrise Construction (Witnessed Bacharach in front of white Nissan pickup) 5) Marisela Tarango DOB: - -1989

ID#: 2731774 NV OLN:

3825 Pecan Lane Las Vegas, NV 89115 Cell: ( - (Bacharach's girlfriend) 6) David Wagner DOB: - -1948

ID#: 101856 NV OLN:

4585 E. Carey Avenue Las Vegas, NV 89115 Home: ( - Cell: ( - (Heard two different caliber gunshots/captured incident on home surveillance) 7) Marcia Wagner DOB - -1947

ID#: 686410 NV OLN:

4585 E. Carey Avenue Las Vegas, NV 89115 Cell: ( - (Heard two different caliber gunshots/captured incident on home surveillance) PRELIMINARY INVESTIGATION: On, June 26, 2014, Officer McNabb was operating as a marked patrol unit assigned the call sign 3F3. At 2238 hours, under LVMPD Event# 140626-4060, Officer McNabb investigated an abandoned vehicle parked on the west side of Walnut Road just north of Lake Mead Boulevard. Officer McNabb determined the vehicle had front axle damage and was far enough off the roadway it did not block


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traffic, so he cleared the stop. While leaving the stop Officer McNabb noticed a maroon Dodge Intrepid traveling northbound on Walnut Road stopped at a red traffic signal south of Lake Mead Boulevard with its high beams activated. The driver of the vehicle, later identified as Joshua Bacharach, failed to dim his high beams as he drove past Officer McNabb. Officer McNabb pulled in behind the Intrepid and activated his emergency lights to conduct a traffic stop on the vehicle. Bacharach held a handgun out the driver’s window of the vehicle and fired it up in the air, then accelerated away from Officer McNabb. After the shot was fired, Officer McNabb was able to activate his body worn camera. Bacharach failed to stop for the stop sign at Walnut Road and Carey Avenue and turned eastbound on Carey Avenue. Officer McNabb initiated a pursuit of Bacharach. Bacharach fired two more rounds at Officer McNabb. Bacharach continued eastbound on Carey Avenue at a speed in excess of 80 miles an hour, and ran the red traffic signal at Lamb Boulevard. Bacharach struck the south curb of Carey Avenue, causing his vehicle to stop at the southeast corner of Carey Avenue and Dolly Lane. Bacharach exited his vehicle and fired more rounds at Officer McNabb, and fled on foot towards El Tovar Avenue. Officer McNabb stopped his patrol vehicle and fired rounds at Bacharach while in the intersection of Carey Avenue and Dolly Lane. Officer McNabb gave chase on foot and lost sight of Bacharach near Dolly Lane and El Tovar Avenue. Officer McNabb radioed for other units to establish a perimeter in an effort to capture Bacharach. K-9 Officer Morgan arrived with his canine partner, Claymar. A resident of 4585 El Tovar Avenue exited his house and informed Officer Morgan someone had just run into his backyard. Officer Morgan and Claymar entered the backyard and confronted Bacharach. Bacharach was bitten by Claymar before Officer Huysentruyt was able to place handcuffs on him. After Bacharach was in police custody medical attention was requested so he could be treated for his dog bite injuries. MedicWest Ambulance #603 responded and transported Bacharach to UMC. Officer Atwood rode in the ambulance with Bacharach to UMC. At UMC Bacharach’s injuries were treated by Dr. Moore. A large perimeter was maintained after Bacharach was in custody. The LVMPD Air Unit and K-9 officers extensively searched the area, and no other suspects were located.


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DESCRIPTION OF THE SCENE AND VISIBLE EVIDENCE: The scene is described as the northbound lane of Walnut Road just north of Lake Mead Boulevard. In the northbound lane of Walnut Road, in front of 2354 N. Walnut Road, was a spent .45 caliber cartridge case head stamp (SPEER 45 AUTO). The scene continued northbound on Walnut Road to the intersection of Walnut Road and Carey Avenue to the stop sign. Continuing in the eastbound lane of Carey Avenue in front of 3945 E. Carey Avenue was a spent .45 caliber cartridge case head stamp (SPEER 45 AUTO). Continuing eastbound on Carey Avenue in the westbound lane in front of 4060 E. Carey Avenue, was a spent .45 caliber cartridge case head stamp (SPEER 45 AUTO). The scene continued eastbound through the traffic light controlled intersection of Carey Avenue and Lamb Boulevard and to Carey Avenue and Dolly Lane. In the eastbound lane of Carey Avenue, in front of 4585 E. Carey Avenue, was marked police vehicle NE10213, a Ford Crown Victoria with license plate Nevada EX47342, facing eastbound. Below the front windshield wipers of the Crown Victoria were two spent cartridge cases head stamp (SPEER 9MM LUGER +P). At the driver’s side front door, between the driver’s seat and the running board, was a spent cartridge case head stamp (SPEER 9MM LUGER +P). A spent cartridge case head stamp (SPEER 9MM LUGER +P) was located on the roadway just north of the vehicle’s front driver’s side tire, and another spent cartridge case head stamp (SPEER 9MM LUGER +P) was located just south of the vehicle’s front passenger tire. In the intersection of Carey Avenue and Dolly Lane were three (3) spent cartridge cases head stamp (SPEER 9MM LUGER +P). On Dolly Lane just south of the intersection was a black Glock handgun magazine containing seven (7) live cartridges in the southbound lane. On the west sidewalk of Dolly Lane, at 4595 E. Carey Avenue was a live .45 caliber cartridge with head stamp (SPEER .45 AUTO). The suspect vehicle was a maroon four door Dodge Intrepid bearing Nevada license plate 731 LNX. The vehicle was parked in the gravel just off the roadway on the south east corner of Dolly Lane and Carey Avenue. The Intrepid was facing southbound at a slight angel. The front driver and passenger’s windows were rolled down. The rear driver and passenger windows were rolled up. On the ground immediately outside of the driver’s door was a live .45 caliber cartridge case head stamp (SPEER 45 AUTO). On the ground next to the driver’s side rear of the vehicle was another live .45 caliber cartridge case head stamp (SPEER 45 AUTO).


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Parked in front of 4596 El Tovar Avenue was a white Nissan Titan pickup bearing Nevada license plate 615XPL. The truck was parked on the north side of the street facing west. Hidden under the front of truck was a white, American Body Armor bullet-proof vest (serial# 9025835). Placed on top of the bulletproof vest was a .45 caliber Colt compact model handgun (serial # CP33432). The slide was locked to the rear and an empty magazine was inserted into the gun.


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INVESTIGATION: On June 26, 2014, Sergeant Mullin was notified of the request for the Force Investigation Team to respond to the scene to conduct an investigation. Sergeant Mullin contacted Detectives Bunting, Dosch, Gillis, Jaeger, and Patton, who responded to the scene and met with Detective Alsup with the Violent Crimes Section. Detective Alsup conducted a briefing detailing the nature of the incident. The following people were present for the briefing: 1) CAPTAIN RICHARD FLETCHER P# 4511 NEAC 2) LIEUTENANT JOEL MARTIN P# 5270 WC 3) LIEUTENANT JOHN PELLETIER P# 6433 K-9 4) SERGEANT RUSSELL BLACK P# 4635 CIRT 5) SERGEANT ERIC KERNS P# 4331 K-9 6) SERGEANT MICHAEL MAINES P# 4040 VC 7) SERGEANT ANNETTE MULLIN P# 5485 FIT 8) DETECTIVE MARC COLON P# 7585 VC 9) DETECTIVE MITCHELL DOSCH P# 7907 FIT 10) DETECTIVE MATTHEW GILLIS P# 6432 FIT 11) DETECTIVE RICHARD GOLGART P# 4647 CIRT 12) OFFICER JOSE HERNANDEZ P# 5850 PIO 13) DETECTIVE PATRICK HUGHES P# 9084 CIRT 14) DETECTIVE RYAN JAEGER P# 5587 FIT 15) DETECTIVE JOSEPH PATTON P# 8289 FIT 16) DETECTIVE DANIEL POND P# 3791 CIRT 17) DIRECTOR RANDAL MCLAUGHLIN P# 4170 CSI 18) CSA SUPERVISOR SHAYLA JOSEPH P# 8178 CSI 19) SENIOR CSA JOEL ALBERT P# 13204 CSI


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WITNESS OFFICER INTERVIEWS: Officer Curtis Atwood On June 27, 2014, at approximately 0128 hours, Detective Bunting conducted an audio-recorded interview with Officer Atwood in an unmarked LVMPD vehicle parked outside of UMC Trauma. The following is a summary of the interview and is not verbatim; for complete details of the interview refer to the transcript. Officer Atwood was operating as a uniformed officer in marked patrol vehicle #NE10252 assigned the call sign 1F13. At approximately 2250 hours, he heard radio traffic from 3F3 (Officer McNabb) reference a suspect, later identified as Joshua Bacharach, shooting at him (Officer McNabb) from a vehicle in the area of Dolly Lane and Carey Avenue. Officer Atwood responded to the area and parked on Dolly Lane south of Carey Avenue. Officer Atwood exited his vehicle and soon learned Bacharach was taken into custody by a K-9 unit after being bitten by the dog. Medic West Unit #625 provided Bacharach medical care at the scene and he transported him to UMC Trauma. Officer Atwood rode to UMC Trauma in the ambulance with Bacharach. Prior to entering the ambulance, while driving to Trauma and while at the hospital, Bacharach only admitted to being bit by a dog in a yard and smoking about 4 ounces of methamphetamine. Bacharach did not mention anything else about the incident. K-9 Officer Ernest Morgan On June 27 2014, at approximately 0147 hours, Detective Patton conducted an audio-recorded interview with K-9 Officer Morgan at the corner of Payson Court and Dolly Lane. The following is a summary of the interview and is not verbatim; for complete details of the interview refer to the transcript. K-9 Officer Morgan was operating in Northeast Area Command (NEAC) when he heard a patrol unit initiate a car stop. The unit advised the driver of the vehicle fired shots at him and they were eastbound on Carey Avenue from Walnut Road. Officer Morgan was in the area of Cheyenne Avenue and Lamb Boulevard when he heard the call. Officer Morgan assigned himself to the call and responded to the area of Carey Avenue and Dolly Lane where the suspect vehicle had stopped. Officer Morgan made contact with Officer McNabb on El Tovar Avenue and Dolly Lane. Officer McNabb pointed to where he last saw the suspect, and Officer Morgan retrieved his police dog, Claymar. Officer Morgan began directing units to perimeter spots. As Officer Morgan approached 4585 El Tovar Avenue, a male exited the house and told officers “someone was in his backyard.” Officer Morgan, his dog, and two other officers entered the backyard by going through the residence. As they entered the backyard, Officer Morgan could see a male lying on his stomach with his feet spread. Despite being issued verbal commands he refused to show officers his hands. Officer Morgan gave the suspect additional verbal commands, and warned him he was going to release his dog and still the suspect refused to comply. Officer Morgan released his dog who bit the suspect on the back of his left leg. Other officers approached and took the suspect into custody. As the officers were walking the suspect out to the front of the house, Officer Morgan heard Officer McNabb identify the suspect as the person who shot at and fled from him. Officer Karl Huysentruyt On June 27, 2014, at approximately 0155 hours, Detective Dosch conducted an audio-recorded interview with Officer Karl Huysentruyt in an unmarked LVMPD vehicle parked at the intersection of


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Dolly Lane and Payson Court. The following is a summary of the interview and is not verbatim; for complete details of the interview refer to the transcript. Officer Huysentruyt was on a robbery call when he heard Officer McNabb say over the radio he was in pursuit of someone who had shot at him. As Officer Huysentruyt responded to the area he heard an update the suspect was on foot in the area of Dolly Lane and El Tovar Avenue. Officer Huysentruyt parked his patrol vehicle and met up with K-9 Officer Morgan and his canine partner Claymar. K-9 Officer Morgan was contacted by a resident at 4586 El Tovar Avenue, who said the suspect was in his backyard. Officers Morgan and Huysentruyt were led through the residence to the backyard, where they located a white male lying face down on the ground. The male’s hands were underneath his body. Officer Huysentruyt had his handgun pointed at the male while Officer Morgan gave verbal commands for the male to show his hands. The male refused and Officer Morgan announced he would release his dog if he did not comply. The male refused to comply, and the dog was released. The dog bit the male on his lower extremities. The male was subsequently taken into custody by Officer Huysentruyt. Inside the male’s pocket was a wallet containing a Nevada driver’s license identifying him as Joshua Bacharach. Bacharach stated he was on probation and had weed (marijuana). Bacharach said he heard gunshots and got scared. He also said he wanted to talk to detectives. Bacharach was sweating profusely, appeared out of breath, and his hair was matted and stuck to the side of his face. Officer Huysentruyt escorted Bacharach out of the backyard where Sergeant Briggs confirmed Bacharach was the suspect involved in the shooting. Officer Huysentruyt placed Bacharach in a patrol vehicle and awaited medical personnel to arrive on scene. Officer Anthony Garbutt On June 27, 2014, at approximately 0214 hours, Detective Patton conducted an audio recorded interview with Officer Garbutt in an unmarked LVMPD vehicle parked at the corner of Payson Court and Dolly Lane. The following is a summary of the interview and is not verbatim; for complete details of the interview refer to the transcript. Officer Garbutt was at Northeast Area Command eating his lunch when he heard radio traffic from an officer who attempted a vehicle stop and was fired upon by the driver. Officer Garbutt left Northeast Area Command and drove with his lights and siren activated to the area of Carey Avenue and Dolly Lane. Upon arriving in the area, Officer Garbutt made contact with K-9 Officer Morgan and Officer Huysentruyt. Officer Garbutt was advised from a citizen there was a male subject in his backyard. Officer Morgan, along with his canine partner Claymar, and Officer Huysentruyt entered the residence in order to gain access to the backyard while Officer Garbutt and Officer Kelly entered the backyard by climbing a fence. Officer Garbutt gave the suspect verbal commands and witnessed Officer Morgan release Claymar. Officer Garbutt witnessed Claymar bite the suspect. Officer Garbutt provided lethal coverage for Officer Huysentruyt while he handcuffed the suspect.


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Abandoned Vehicle Suspect Vehicle

After the suspect was handcuffed, he told Officers Garbutt and Huysentruyt in an excited utterance, “I ran because I heard the cops, and then I saw the cops and I have weed on me.” Officer John Kelly On June 27, 2014, at approximately 0238 hours, Detective Dosch conducted an audio-recorded interview with Officer Kelly in an unmarked LVMPD vehicle parked at the intersection of Dolly Lane and Payson Court. The following is a summary of the interview and is not verbatim; for complete details of the interview refer to the transcripts. Officer Kelly was in the area of Washington Avenue and Lamb Boulevard assisting LVMPD Auto Theft detectives when he heard a broadcast of an officer being shot at during a pursuit. Officer Kelly drove to the area of Washington Avenue and Nellis Boulevard to “bubble” when he heard an update the suspect was on foot on El Tovar Avenue. Officer Kelly responded to El Tovar Avenue and parked his patrol vehicle. K-9 Officer Morgan and Officer Huysentruyt had been contacted by the resident of 4586 El Tovar Avenue who said someone was in his backyard. Officers Morgan and Huysentruyt were led through the residence to the backyard. While those officers moved to the backyard, Officers Kelly and Garbutt provided cover along the west side of the home. Officers Morgan and Huysentruyt exited the home on the west side and moved to the rear. Officer Garbutt climbed over the chain-link fence to follow the lead officers. When Officer Kelly tried to climb over the same fence it collapsed, causing an injury to his ankle and tearing his uniform pants. By the time Officer Kelly recovered and made it to the rear of the residence, the dog had already been deployed and bit the suspect. The male was lying facedown near the northeast corner of the residence. Officer Kelly assisted Officer Huysentruyt in taking the male into custody. After being handcuffed, the male was angry and said, “It’s not me, it’s not me,” and “I want my lawyer.” Officer Ryan McNabb On July 1, 2014, at approximately 1355 hours, Detectives Gillis and Jaeger conducted an audio-recorded interview with Officer McNabb at LVMPD Headquarters. Also present during the interview was Sergeant Mullin, Lieutenant John Pelletier, and PPA attorney Kathryn Collins. The following is a summary of the interview and is not verbatim; for complete details of the interview refer to the transcript. On June 26, 2014, Officer McNabb was working as a uniformed officer operating a marked patrol unit assigned the call sign 3F3. Officer McNabb was investigating a suspicious vehicle that was abandoned on the west side of Walnut Road north of Lake Mead Boulevard. Officer McNabb was finishing with the abandoned vehicle when he saw a maroon Dodge Intrepid traveling northbound on Walnut Road, on the south side of Lake Mead Boulevard, stopped at a red traffic signal. The Intrepid had all four headlights on, two driving lights and two high beams.


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The traffic light changed and the Intrepid continued northbound on Walnut Road. As the Intrepid passed, Officer McNabb made a U-turn and pulled behind the vehicle. While traveling northbound on Walnut Road McNabb activated his emergency lights in an attempt to conduct a vehicle stop because the driver failed to dim his high beams. Officer McNabb was directly behind the Intrepid close enough to read the vehicle’s license plate when the driver, later identified as Joshua Bacharach, held a handgun out the window and fired it up in the air. After the first shots were fired, Officer McNabb activated his body camera. Bacharach accelerated and continued northbound on Walnut Road at a high rate of speed. Bacharach failed to stop for the stop sign at Carey Avenue and Walnut Road and turned eastbound on Carey Avenue. Officer McNabb initiated a pursuit as they traveled eastbound on Carey Avenue. As McNabb turned eastbound on Carey Avenue from Walnut Road he heard two more gunshots in rapid succession from the Intrepid. Officer McNabb had his driver’s side window rolled down and he could hear the fired rounds “Zing” by his vehicle. Officer McNabb continued to pursue the Intrepid eastbound on Carey Avenue at speeds of 80 to 90 miles an hour. Bacharach failed to stop for the red traffic signal at Lamb Boulevard. Officer McNabb approached the intersection and could see a citizen vehicle stopped in the southbound travel lanes of Lamb Boulevard to avoid being stuck by Bacharach. After McNabb passed through the intersection of Lamb Boulevard he heard two more gun shots from the Intrepid. As the Intrepid approached Dolly Lane, Officer McNabb saw the vehicle strike an object and become disabled on the east side of Dolly Lane, facing south. While Officer McNabb was still decelerating his patrol vehicle he could see the driver of the Intrepid, exit the vehicle and run around to the rear of the Intrepid with a black handgun in his right hand. Before Officer McNabb was able to get his patrol vehicle stopped, Bacharach fired a shot at him. Officer McNabb could see the muzzle flash when the gun discharged and it appeared the gun was aimed directly at him. Officer McNabb was able to get his vehicle stopped and he exited the patrol vehicle. Officer McNabb watched Bacharach run across Dolly Lane to the southwest corner of Dolly Lane and Carey Avenue. As Bacharach ran across the street, Officer McNabb could see him manipulating the handgun. It appeared Bacharach was reloading or clearing a malfunction, so the handgun would be able to fire more rounds. Bacharach crouched down behind a streetlight pole located on the southwest corner of Dolly Lane and Carey Avenue and pointed his gun at Officer McNabb. Officer McNabb took cover behind his patrol vehicle and shot approximately four to six rounds at Bacharach. After Officer McNabb returned fire, Bacharach fled southbound on Dolly Lane. Officer McNabb gave chase on foot. While Officer McNabb was chasing Bacharach, who was still armed, he shot another volley of rounds at the Bacharach. Bacharach disappeared out of Officer McNabb’s view as he ran westbound on El Tovar Avenue. Officer McNabb was able to describe Bacharach as a Hispanic male adult, 30 to 40 years old, heavyset, wearing a white or light colored t-shirt. Other arriving officers that included a K-9 officer and the Air Unit, established a perimeter surrounding the area Bacharach was last seen. Assisting officers were able to locate Bacharach and took him into custody. Officer McNabb was able to confirm the person taken into custody was the same person that was driving the Intrepid and shot at him. Officer McNabb was able to identify on street maps the areas Bacharach fired shots, and the final resting places of the Intrepid and his patrol vehicle.


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CIVILIAN WITNESS STATEMENTS Ricardo Quesada-Robles On June 27, 2014, at approximately 0115 hours, Detective Dosch conducted an audio-recorded interview with Ricardo Robles at 4995 El Tovar Avenue. The following is a summary of the interview and is not verbatim; for complete details of the interview refer to the transcripts. On June 26, 2014, between 2100 and 2200 hours, Quesada-Robles was eating a bowl of cereal in the living room when he heard three loud noises outside his residence. He originally thought the noises were fireworks. He looked out of the north facing living room window and observed a white male running westbound on the north sidewalk of El Tovar Avenue just west of Dolly Lane. The male was between 20 to 30 years of age with a heavy build and long hair. He was wearing a white sweater, white pants, and had a white bag-like item slung over his right shoulder. Quesada-Robles got scared and ran to his father’s bedroom to tell him what was happening. Quesada-Robles and his father looked out the master bedroom window and saw the same male standing in front of a white Nissan pickup. The pickup was parked on the north side of El Tovar Avenue and faced west. The male was in a shooting stance with his arms extended forward in a two-handed grip with a handgun pointed toward the east. Quesada-Roble was “ninety-nine percent” sure the male had a gun in his hands. It appeared to Quesada-Robles the male was standing behind the vehicle “for protection” and he appeared to be lying in wait. Moments later, the male raised the handgun and ran away. Quesada-Robles father directed Quesada-Robles to get down on the floor. When Quesada-Robles looked back outside he saw several officers in the neighborhood. Quesada-Robles told one of the responding officers which way the male ran. Quesada-Robles then saw an unknown person across the street motioning to officers. The person was directing officers to the backyard of a residence 4586 El Tovar Avenue. Quesada-Robles later saw a male Joshua Bacharach in handcuffs surrounded by officers. The male was standing on the west sidewalk of Dolly Lane, just north of El Tovar Avenue. Quesada-Roble was “one hundred percent” sure the male in handcuffs was the same person he saw pointing a gun in front of the white Nissan pickup. Abel Cortez-Monroy, 4586 El Tovar Avenue On June 27, 2014, at approximately 0257 hours, Detective Patton conducted an audio-recorded interview with Abel Cortez-Monroy at 4586 El Tovar Avenue. Officer Miramontes was present during the interview for Spanish translation. The following is a summary of the interview and is not verbatim; for complete details of the interview refer to the transcript. Cortez-Monroy was asleep in his bedroom when he heard several gunshots and a noise in his backyard. Cortez-Monroy got out of his bed and looked out his bedroom window, which faces his backyard, and observed a male with his back pressed up against his window. While Cortez-Monroy was looking out the window, his wife, Gloria Guillen, entered the room and saw the male standing at the window. Cortez-Monroy told Guillen to call the police. Guillen exited the front door of the residence and saw a K-9 officer with his dog. The dog scared Guillen and she went back inside to get Cortez-Monroy. Cortez-Monroy exited his front door, spoke with the K-9 officer, and lead him to his backyard through his house.


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After leading the K-9 officer to the backyard, Cortez-Monroy hid in his wife’s bedroom and did not see or hear any of the events that took place in the backyard with the K-9 officer and the suspect. Jose Quezada-Chavez, 4595 El Tovar Avenue On June 27, 2014, at approximately 0522 hours, Detective Patton conducted an audio recorded interview with Jose Quezada-Chavez at 4595 El Tovar Avenue. Officer Miramontes was present during the interview for Spanish translation. The following is a summary of the interview and is not verbatim; for complete details of the interview refer to the transcript. Quezada-Chavez’ kids were in the kitchen and he was in his room when he heard three to five gunshots. After hearing the shots, the kids ran into Quezada-Chavez’ room and they looked out of his bedroom window to see what was happening. Quezada-Chavez saw an unknown race male with long hair wearing a white shirt, pointing a gun at a police officer while he was running down El Tovar Avenue from Dolly Lane. Quezada-Chavez believed the male was holding his pants with one hand and pointing the gun with his other hand. Quezada saw the male run to the front of a white pickup trunk and stop. While standing in front of the truck, Quezada believed the male with the gun began shooting at the officer and he thought the officer was shot because he saw the officer grab his chest or the officer was talking on his radio microphone attached to his chest. Quezada-Chavez did not believe the officer fired his gun. Quezada-Chavez told his kids to get on the floor, but his son continued to look outside the window. He saw the male jump a wall into their neighbor’s backyard. Quezada-Chavez and his kids stayed inside the bedroom for a short amount of time before exiting their front door. Once they exited the front door, Quezada-Chavez saw the male who he saw pointing a gun at officers was in police custody. Marisela Tarango, 3825 Pecan Lane On June 27, 2014, at approximately 0637 hours, Detective Hodson conducted an audio-recorded interview with Marisela Tarango at 3825 Pecan Lane. The following is a summary of the interview and is not verbatim; for complete details of the interview refer to the transcript. Tarango had been in a dating relationship with Joshua Bacharach since March 2014, and they have been living together at 3825 Pecan Lane until Wednesday, June 25, 2014. During her relationship with Bacharach she became aware of his violent past and status as an ex-felon. Tarango and Bacharach had been sharing a bedroom inside the residence, and shared common areas with Tarango parents, Manuel and Maria Tarango. On June 25, 2014, Tarango and Bacharach had an argument and she told him he should move out of the residence. Bacharach gathered his belongings and left the residence that evening. On Thursday, June 26, 2014, at approximately 2200 hours, Bacharach returned to her residence to get a picture of his son. Bacharach attempted to reconcile the relationship and Tarango refused. This refusal enraged Bacharach and he began yelling and screaming at Tarango until her father intervened and demanded Bacharach leave the residence. Tarango knew Bacharach arrived in a Burgundy colored Dodge Stratus that was owned by the mother of his children (Eufrasia Nazaroff). Tarango knew the mother of Bacharach’s children was Nazaroff and she lived in an apartment in the area of Rancho Drive and Cheyenne Avenue. Tarango admitted that part of the reason she was upset with Bacharach was he was driving Nazaroff’s car and not his vehicle, a tan colored Chevrolet Tahoe. Tarango thought Bacharach appeared under the influence of methamphetamine due to his odd behavior and the way he was yelling and screaming, which was out of the ordinary for him even


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during an argument. Tarango did not recall him wearing a ballistic vest or ever seeing one in his belongings. Tarango knew Bacharach possessed firearms and described them as Taurus semi-automatic handguns. Tarango last saw Bacharach with the firearms in April and she had asked him to keep them out of the house. Detective Hodson showed Tarango images from the Bacharach’s Facebook account that depicted Bacharach holding an AR-15 style rifle with a scope, and a picture of Bacharach and Nazaroff together, and a picture posted June 2013 of two semi-automatic pistols. Marisela was not able to identify the firearms in the post as the same firearms she saw him with in April 2014. Tarango heard Bacharach make threats against police officers previously. Tarango knew when Bacharach left her house he was upset with her, and drove away in a burgundy Dodge Stratus belonging to Nazaroff. Tarango directed detectives to a shotgun barrel and battering ram located in her closet that belonged to Bacharach. Tarango gave detectives consent to impound the shotgun barrel and battering ram. Eufrasia Nazaroff, 3333 N. Michael Way On June 27, 2014, at approximately 0830 hours, Detective Hodson conducted an audio-recorded interview with Eufrasia Nazaroff at 3333 N. Michael Way, Building #5, Unit #1029. The following is a summary of the interview and is not verbatim; for complete details of the interview refer to the transcript. Nazaroff has two children with Bacharach and is pregnant with a third child of his. Nazaroff and Bacharach have had an off-and-on dating relationship for the last nine years. Nazaroff allowed Bacharach to move back into her apartment on either June 24 or 25. Bacharach called Nazaroff and said he was coming back to her and the kids, and showed up with only clothing and a television. Nazaroff knew Bacharach was taking his relationship ending with Tarango hard and had started using methamphetamine as a result. Bacharach’s behavior had become erratic and he had been walking around for the last few days wearing a bulletproof vest. When Nazaroff was asked why Bacharach was wearing the bulletproof vest, Nazaroff was not able to give a direct answer or explanation other than “that was what Bacharach did when he was high”. Nazaroff last saw Bacharach on Thursday, June 26, at approximately 2030 hours, when he asked to borrow her vehicle. Bacharach’s vehicle, a Chevrolet Tahoe, was low on gas and Nazaroff’s car had a full tank of gas. Bacharach was wearing a bulletproof vest when he left in her vehicle. Nazaroff made Bacharach promise to be back with her car before the morning because she needed to go to work. Nazaroff was questioned about any firearms Bacharach may have had in his possession. Nazaroff knew Bacharach always had some type of handgun and an AR-15 style rifle with him. Nazaroff didn’t like firearms and never let him keep them in her apartment. She did not know where Bacharach was keeping his firearms, but she thought his friends would store them for him. Nazaroff became less cooperative during the interview and only wanted to know when she would take possession of her vehicle. Nazaroff has never heard Bacharach make any statements in regards to harming or shooting it out with the police. Nazaroff did not appear surprised at what transpired between Bacharach and police. Nazaroff knew Bacharach had possessed firearms for several years as a convicted felon and was a member of the Lil Locos gang and had the moniker of Sleepy. David Wagner, 4585 E. Carey Avenue On June 27, 2014, at approximately 1833 hours, Detective Gillis conducted an audio-recorded interview with David Wagner at 4585 East Carey Avenue. The following is a summary of the interview and is not verbatim; for complete details of the interview refer to the transcript.


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Wagner resides on the south side of Carey Avenue just west of Dolly Lane. The front door of his residence faces north, towards Carey Avenue and he has a home video security system with a camera that faces north. In the late evening hours of June 26, 2014, Wagner was at his residence when he heard a police siren. Wagner looked at his live feed home video surveillance TV and saw a marked police vehicle with its lights on in front of his house. Wagner went to the front door and heard two very different, distinctive sets of gunshots from what sounded like two different caliber guns. Wagner estimated he heard three shots from one caliber and four shots from another caliber. After hearing the gunshots, Wagner saw a uniformed police officer, who had crouched down by his vehicle, get up and run towards Dolly Lane from Carey Avenue. After the incident, Wagner reviewed the video surveillance and saw the suspect vehicle, traveling eastbound on Carey Avenue make a southbound turn onto Dolly Lane. Wagner stated the suspect parked, exited his vehicle and was lying in wait for the officer. Wagner estimated the suspect waited for the officer to arrive “for some time”. Wagner could not give a suspect description, and stated he only saw the suspect via the video feed. After the interview, Detective Gillis requested LVMPD Forensic Multimedia Analyst B. Wyche, P# 14114, respond to his location to secure a copy of the incident from the Wagner’s home surveillance system. Marcia Wagner, 4585 E. Carey Avenue On June 27, 2014, at approximately 1849 hours, Detective Gillis conducted an audio recorded interview with Marcia Wagner at 4585 East Carey Avenue. The following is a summary of the interview and is not verbatim; for complete details of the interview refer to the transcripts. On June 26, 2014, at approximately 2245 hours, Wagner heard a police siren then observed via her live feed home security system a marked police vehicle with his emergency lights activated stop on Carey Avenue in front of her residence. Her husband, David, opened the front door of the residence and she heard four gunshots. Wagner believed there to be two different caliber guns firing. Wagner saw a police officer, who was originally ducking by his vehicle, run towards Dolly Lane from Carey Avenue with his gun in his hand. After seeing the officer running, Wagner heard several additional gunshots. Wagner ran into her kitchen and called 911. Wagner described her residence as located on the south side of Carey Avenue, just west of Dolly Lane, with the front door facing north. After viewing the video, Wagner stated she saw the suspect vehicle go by her residence approximately 30 seconds prior to the officer’s vehicle pulling up in front of her home. OFFICER WEAPON COUNTDOWN On June 27, 2014, Officer McNabb had his duty weapon counted down at LVMPD Headquarters. Present during the countdown were FIT Detective Dosch, CSA Wright, CIRT Detectives Leavitt and Hughes, PPA representatives M. Ramirez and B. Yant, and attorney Kathryn Collins, NEAC Captain Fletcher, and PEAP counselor M. Crocker. Officer McNabb and his counted down weapon were photographed for identification, overall condition, and appearance. Officer McNabb was dressed in a standard LVMPD summer uniform. His shirt had LVMPD patches on each shoulder and a LVMPD badge on his left chest. He wore a black duty belt with various issued tools and equipment attached as part of his related position in patrol. Officer McNabb’s handgun was carried on the right side of his body and secured inside a holster.


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Prior to the countdown, Officer McNabb stated he carried sixteen (16) cartridges in his primary magazine and one (1) cartridge in the chamber of his handgun (16+1). Officer McNabb further stated he carried sixteen (16) cartridges in his two (2) spare magazines, although the magazines had a capacity of seventeen (17) cartridges. Officer McNabb’s handgun was a personally owned Glock, model 17C, 9mm semi-automatic handgun, serial # The handgun was equipped with a Surefire, model X300 mounted flashlight. Officer McNabb stated during the shooting he conducted a speed reload and dropped the primary magazine at the scene. He then inserted one of his two spare magazines into the handgun. Officer McNabb’s handgun was counted down and found to have one cartridge in the chamber and 15 cartridges in the magazine. Both magazines contained department issued Speer 9mm Luger + P ammunition. Based on Officer McNabb’s weapon countdown, it appeared Officer McNabb was missing one (1) round. The handgun and cartridges were impounded as evidence by CSA Wright. The magazine Officer McNabb removed from his weapon and discarded at the scene was examined and contained seven (7) cartridges. Officer McNabb stated he carried sixteen (16) cartridges in his magazines and one (1) in the chamber. It appeared Officer McNabb fired nine (8) cartridges from this magazine. The magazine removed from his handgun during the countdown was missing one (1) cartridge. Based on the countdown and body camera footage, Officer McNabb fired a total of eight (8) rounds from the magazine in his handgun and never fired after his reload. SEARCH WARRANT: On June 27, 2014 at approximately 0342 hours, Sergeant Mullin contacted the honorable Judge Hafen via telephone and conducted an audio-recorded telephonic search warrant. Judge Hafen reviewed the facts of the case and authorized a search warrant for a 2001 Dodge Intrepid with Nevada license 731LNX. The vehicle was sealed and towed from Dolly Lane and Carey Avenue to the LVMPD crime lab located at 5555 Badura Avenue, Las Vegas, Nevada. THE FOLLOWING PEOPLE WERE PRESENT DURING THE EXECUTION OF THE SEARCH WARRANT: 1) DETECTIVE MATTHEW GILLIS P# 6432 2) DETECTIVE RYAN JAEGER P# 5587 3) CSA SUPERVISOR SHAYLA JOSEPH P# 8178 4) SENIOR CSA JOEL ALBERT P# 13204 5) CSA STEPHANIE THI P# 14373 The search warrant started at 2015 hours and was documented with photographs. The following items of evidence were documented and impounded. 1) One (1) SKS style rifle (serial# 1983S-AS4608) located in the back seat of the vehicle. 2) One (1) silver Colt .25 caliber semi-automatic handgun with an obliterated serial number. 3) One (1) gun magazine for the Colt .25 caliber handgun containing six (6) cartridges with head

stamp FC25 AUTO. 4) One (1) SKS style gun magazine with eleven (11) 7.62X39 BARNUAL cartridges and nineteen

(19) WOLF 7.62X39 cartridges located in front passenger seat of vehicle.


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5) One (1) pair of brass knuckles located on front passenger floorboard of the vehicle. 6) Miscellaneous papers and documents. 7) Two (2) .45 caliber cartridges, head stamp SPEER .45 AUTO, located on driver side floorboard of

vehicle. 8) One (1) gray Samsung cellphone located on front driver side floorboard. Damage on the driver’s side of the vehicle was documented. Damage from bullet strikes was noted on the rear passenger door and window leading back to the rear driver’s side upper quarter panel. The vehicle also had a flat passenger side rear tire and undercarriage damage to the fuel tank. The search warrant concluded at approximately 2300 hours, and the vehicle was towed by Fast Towing to their secured impound lot at 3844 Losee Road, Las Vegas, NV 89030.


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On July 1, 2014, at 1000 hours, Detectives Gillis and Jaeger conducted a follow-up search of the suspect vehicle that was being stored at Fast Towing’s secured impoundment lot. Crime Scene Analyst Peterson, P# 13579, collected swabs from the following locations inside the vehicle:

1) Driver’s door handle 2) Driver’s side inside door latch (lever to open door) 3) Driver’s side seat belt buckle (male end) 4) Driver’s side seat belt release button (female end) 5) Steering wheel cover was collected 6) Center arm rest 7) Gear shift knob 8) Seat adjustment control knob 9) Turn signal lever 10) Driver’s door arm rest 11) Power window switches

FORENSICS REQUESTS / RESULTS: On September 16, 2014, a forensic lab request was completed to have the collected evidence examined.

COLT .45 CALIBER HANDGUN Examine swabs collected from the handgun and compare it to the swabs collected from Bacharach

ID# 1900105. Compare all the .45 cartridge casings to the Colt handgun to see if this gun fired the rounds; examine .45 cartridges to see if there is any ejection marks to demonstrate they were ejected from the handgun; test fire the handgun to determine if it functions properly; enter into National Integrated Ballistics Information Network (NIBIN) to determine if used in other crimes.

Examine latent print collected from the Colt magazine to determine if it matches Joshua Bacharach

ID# 1900105. The Colt .45 caliber handgun was examined, test fired and found to be operational with no noted

malfunctions. The magazine fits and functions in this pistol and has a capacity of 10 cartridges. The swab collected from the trigger, grip, and slide of the handgun showed an inconclusive DNA

profile. A conclusion could not be reached because the profile was not suitable for comparison. The swab collected from the base and feed ramp of the magazine showed no DNA profile. The fingerprint collected from the magazine was identified to the left thumb of Bacharach. Three (3) .45 caliber cartridge cases collected from 2354 Walnut Road, the gutter of 4060 East Carey

Avenue, and 3945 East Carey Avenue, respectively were identified as having been fired by the submitted Colt handgun.

One (1) .45 caliber cartridge collected from the east side of the suspect vehicle. The cartridge was

associated with being ejected from the submitted Colt handgun. The association was based on an examination of the marks related to the cycling process of the firearm.


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Two (2) .45 caliber cartridge cases collected from east side of the suspect vehicle and the sidewalk on the west side of Dolly Lane, respectively could not be associated with the submitted Colt handgun due to insufficient marks.

Representative images of test fired cartridge cases were entered into and searched in the National

Ballistic Information Network (NIBIN). Notifications will be made if there are any associations to these entries.

COLT .25 CALIBER HANDGUN Test fire to the handgun to determine if it functions properly; try to determine the obliterated serial

number on the handgun; compare swabs collected from the handgun to Joshua Bacharach ID# 1900105; and enter in National Integrated Ballistics Information Network (NIBIN) to determine if used in other crimes.

The Colt .25 caliber handgun was examined, test fired, and found to be operational with no noted

malfunctions. This pistol was found to be missing the rear lever safety, which did not affect its function. Attempts to restore the obliterated serial number on the handgun unsuccessful.

Representative images of test fired cartridge cases were entered into and searched in the National


Swab collected from the trigger, grip, and slide were examined and an inconclusive DNA profile was

obtained. A conclusion could not be reached because the profile was not suitable for comparison. Swab collected from the base and feed ramp of magazine showed no DNA profile obtained. Representative images of test fired cartridge cases were entered into and searched in the National



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AK 7.62 RIFLE

Examine swabs collected from the AK 7.62 rifle to determine if Joshua Bacharach ID# 1900105 DNA can be located to show possession; test fire to determine if the weapon functions properly; enter into National Integrated Ballistics Information Network (NIBIN) to determine used in other crimes.

Compare the latent print collected from the charging handle of the rifle to Joshua Bacharach ID#

1900105. The rifle was examined, test fired, and found to be operational. The stock and receiver were found to

have been altered to allow the receiver to slide backwards into the stock, and a metal loop had been attached to the left stock near the trigger guard. These modifications allow this semiautomatic rifle to simulate automatic firing by repeatedly recoiling and reconnecting the trigger with the shooter’s finger upon firing. The submitted magazine fit and functioned in this rifle, and had the capacity of 31 cartridges.

The latent print collected from the charging handle of the rifle was deemed not a suitable print. The swab collected from the trigger, forestock, and butt of the rifle showed an Inconclusive profile. A

conclusion could not be reached because the profile was not suitable for comparison. Representative images of test fired cartridge cases were entered into and searched in the National


GLOCK 9MM HANDGUN

Test fire the handgun to determine if it functions properly; compare 9mm cartridge cases to demonstrate this weapon fired the rounds.

The Glock pistol was examined, test fired, and found to be operational with no noted malfunctions.

The submitted magazine fit and functioned in this handgun and had the capacity of 17 cartridges.


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The eight (8) cartridge cases collected from the area around the marked police vehicle and the intersection of Carey Avenue and Dolly Lane, respectively were identified as having been fired by the submitted Glock handgun. .

AMERICAN BALLISTIC VEST

Swab for DNA to demonstrate Joshua Bacharach ID# 1900105 wore/handled the vest. The swab collected from the ballistic vest was examined and showed a complex mixture profile. A

conclusion could not be reached because the profile was not suitable for comparison. SWABS WITH POSSIBLE DNA COLLECTED FROM 2001 DODGE INTREPID NV PLATE 731LNX Swabs collected from inside the vehicle to swabs collected from Joshua Bacharach, ID# 1900105, were compared to show Joshua Bacharach was driving the vehicle. The swab collected from the driver’s side interior door handle was examined and showed an Inconclusive mixture profile. A conclusion could not be reached because the profile was not suitable for comparison. The swab collected from the gear shift knob of the vehicle was examined and showed a full female profile. The swab collected from the steering wheel cover showed a complex mixture profile. The profile obtained from the steering wheel cover was consistent with a mixture of at least three individuals with at least one being male. There were two major contributors present as well as at least one additional minor contributor. The unknown female and Joshua Bacharach cannot be excluded as the major contributors to the mixture. Approximately 1 in 167,000 unrelated individuals in the general population can be included as a possible major DNA contributor to the major mixture profile obtained. No conclusions can be made regarding the additional minor contributor(s) to the mixture. WEAPON RELEASE Officer McNabb’s handgun will only be released upon the approval from the District Attorney’s Office.

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