2024.

I am Mandy McKeller.

I will be presiding over today's proceeding.

This review is being held because the Clark County District Attorney's Office has made a preliminary determination that no criminal prosecution of the officers involved in the death of July and McCoy is appropriate.

Clark County Ordinance Chapter 2.12 requires public review following such a determination.

This is not a trial.

The purposes of today's proceeding is to present the public with the essential facts surrounding the death of Miss Mr.

McCoy.

Chief Deputy District Attorney Tyler Smith will present today on today's fact-finding review on behalf of the district attorney's office.

He will determine the witness or witnesses to be called.

The ordinance does not provide subpoena power on my behalf and does not allow for any other party to call witnesses.

Willard Ewing has been appointed as the embudsman.

He represents both the public and the McCoy family.

He will have the opportunity to ask questions of the witness or witnesses.

The procedure for questioning witnesses is informal with a view to providing the public with relevant information regarding use of force.

The rules of evidence shall not be strictly enforced.

Members of the public observing this review may submit proposed written questions on forms located in the back of this room and present it to one of the officers.

I will then ask the question unless I determine that it is irrelevant, redundant, or an abuse of the review process.

At the conclusion of this review, no formal determination is going to be made regarding the manner cause of death shall be rendered.

Additionally, the following material is required to be presented, may contain graphic images or language.

Viewer discret viewer discretion is advised when the graphic content is displayed.

Does anybody have anything else to add?

No.

Okay, you can go ahead.

Uh detective uh the state's witness will be detective Shane Forsberg.

Uh sir, what is your occupation?

I'm a sergeant with the North Las Vegas PD Detective Bureau, and in 2024 I was a homicide detective.

How long have you been with North Las Vegas Police Department?

Um about 19 years.

And how long have you been a detective?

I was a detective for five.

And were you uh the investigator, uh the chief investigator involved in the uh officer-involved shooting death of Julian McCoy?

Yes, I was.

And that occurred on June 15th of 2024.

Yes.

And did you prepare a PowerPoint presentation to help uh explain the findings of your investigation here today?

Yes, I did.

Okay.

Um could you please take us through a summary um of the events that occurred on June 15th, 2024 involving Julian McCoy?

Yes, I can.

On June 15th, 2024, officers of North Las Vegas PD were dispatched to the intersection of Craig Road and North Fist Street in reference to a vehicle collision and reports of an armed subject in one of the involved vehicles.

Multiple citizens called 911 regarding the incident and advised NLBPD dispatch that one of the vehicles involved in the collision was a silver Chevrolet Malibu and that the driver of the Malibu was armed with a rifle.

North Las Vegas fire and rescue personnel also responded to the call for service.

Paramedics arrived prior to NLB PD patrol units.

When paramedics attempted to check the welfare of the driver of the silver Chevrolet Malibu, pointed a rifle at them, and they sought cover and concealment behind uh fire department vehicles.

When an LBPD patrol officers arrived on scene, they made a visual confirmation that the male occupant of the Chevrolet Malibu was armed with a rifle and was waving the rifle around inside of the vehicle.

Multiple officers drew their weapons and verbally challenged the driver to put the gun down and exit the vehicle.

Driver refused to comply with the verbal commands and continued to wave the rifle erratically inside of the vehicle cabin.

After several minutes of verbal attempts to de-escalate the situation, the driver of the silver Malibu pointed the barrel of his rifle out of the open passenger window directly at a patrol vehicle that had three officers using it as cover and concealment.

Multiple officers discharge their weapons, and the suspect was struck multiple times while inside of the vehicle.

After the shooting ceased, officers and paramedics approached the suspect vehicle, and it was determined the suspect was beyond resuscitation.

The ensuing investigation revealed that seven officers discharged their weapons during the incident, and there were five officers in close proximity to the shooting who did not fire their weapons.

Suspect was armed with a 22 caliber loaded rifle at the time that he was shot and killed.

Suspect was later identified as Julian McCoy.

And can you please um tell us about the decedent and any applicable charges if the decedent um had survived?

DCD is a Julian McCoy.

He was 57 years of age at the time of the shooting and a resident of Las Vegas.

Had he survived, applicable charges would have been assault on a protected person with the use of a deadly weapon and prohibited person in possession of a firearm, as well as DUI involving collision.

And would you please take us through a timeline of the events that occurred?

Um, June 15th, at about 904 p.m., NLB officer Rios attempted a traffic stop of McCoy's vehicle on North Fifth Street between Kerry Avenue and Cheyenne Avenue.

Mr.

McCoy failed to yield and continued northbound, driving recklessly through a red traffic signal at Cheyenne Avenue.

At about 9.07 p.m.

The aforementioned 911 calls for service were relayed to officers by dispatch.

Approximately 9.15 p.m.

officers arrived on scene and visually confirmed that McCoy was armed with a rifle and waving it around inside of the vehicle.

Mr.

McCoy disregarded verbal instructions to drop the rifle and exit the vehicle.

At about 9.24 p.m., McCoy pointed his rifle out of the passenger window directly at the patrol vehicle officer Dolan was using to address McCoy via the PA system.

Seven North Las Vegas uniformed officers discharged their firearm, striking McCoy multiple times.

And would you uh show us a uh uh depiction of the shooting location?

Shooting location is the intersection of Craig Road and North Fifth Street.

Uh Mr.

McCoy's vehicle is marked there as suspect vehicle.

Um North Fifth Street runs from bottom left of the screen to top middle, intersected by Craig Road, which runs east and west.

Uh and you mentioned that um during the timeline and there was an attempted traffic stop on Mr.

McCoy's vehicle.

Um did you um review any radio traffic from that traffic stop?

I did.

Could you please uh present some of that to us, please?

North down on a silver Chevy Melphone breaks.

They both about by the higher rate of speed, northbound on when that vehicle failed the yield officer Rios did not chase the vehicle.

We continued northbound through Cheyenne.

And was then there a uh traffic collision following that?

Yes, there was.

Um were there any 911 calls made um regarding that traffic collision?

Yes, there was.

And have you um provided some of those?

Yep.

I I have a couple of them.

I think there were five at least, but we'll play, I believe, two of them.

Okay.

911 do you need police fire medical?

Um I'm not sure.

I just witnessed a car crash right here on Craig.

Um, um screen.

Craig and North Fit.

All right.

Craig and Craig and North Fit.

Are you involved or just witness?

Um, we're just witnesses.

You said you don't know if they need an ambulance or not?

He has a gun.

He has a gun.

He has a dungeon.

Oh my god, yes.

And obviously you redacted the identity of the callers from these, is that correct?

Okay.

Uh, and you uh is there an additional 911 call?

Yes.

911, do you need police fire medical?

Uh might be some medical.

Yes, I didn't want to update this guy had a gun, had a gun in his car.

Okay, did he point at anybody or he just has the gun in the car?

Yeah, he pointed at one of the people that was coming out that to find out whether he was okay or not.

One of the people that went up to his car to see if he was okay, they he pointed the gun at him.

Okay, the driver, the one that had the gun approximately how old.

I don't know because the guy told this is my second hand.

He was okay.

Okay, got it.

Were you did you win at the accident passing by involved?

No, I witnessed it.

I was right there at the light when he ran that light.

Okay, so you went into the accident, but you didn't win it, but I will pop it up on going on my officers.

No, okay.

Nobody else getting anymore.

And so, and from these 911 calls, the information was that um the decedent had a firearm and was had been pointing that firearm at some individuals.

Is that right?

Yes.

Um, did you also review and include any radio traffic regarding the traffic collision um in the presentation?

Yes, I did.

So initially, what we just heard was how the information was related to our dispatch, and now we'll play what it sounds like when the dispatch is relaying that information to the officers.

And I'll tell you there was about 30 minutes of radio traffic.

I had it edited to cut out dead space, so you couldn't every time nobody was talking.

We cut that out to shorten the video.

I think we got it to about five or six minutes.

Good one from Fort Magic.

Craig and Fifth, Craig and Fifth Craig.

Control continuing.

There's four or five vehicles involved.

Uh looks like we have a black dog ram pick up Black Key Altima, Great Nissan Rogue and a silver Chevy Malibu.

Appears to be negative injury break.

Control continuing.

Some of the PRs are stating that the driver of the Chevy Malibu caused the accident and that the driver of BMA uh possibly has a 413 rifle.

Uh on his person, but negative threats made.

Fairwood one from 490.

Control 25, clear complete.

You can show me around to that 401.

Copy.

Okay, and units and routes of the 401 has fifth PR called in.

Uh, he's a witness, but he got secondhand info claiming that this driver with the 413 actually pointed it at somebody when they went up to check on him.

25, probably code three.

Alright, copy.

Henry, one, just advise on a red.

Copy pull the bus.

Control mode 10.

I'm heading back.

Code right on south.

Or I'm sorry, uh, North Patrol for units out at Craig and Fifth.

We don't have much now.

We're just getting um people telling us the driver of the uh silver vehicle as a rifle.

Copy.

No, he's got 10 windows.

We can't see its so he's he's not compliant to anything.

Next unit coming, just parked guard Craig and uh just west of uh just west of the intersection here blocked this traffic in this lot of crossfire control.

So far, mobile commands.

We've uh got no response, but he held like a stick out of the window.

Okay.

That's all there's one VSOM passengers holding the rifle and he's can't.

Hi, copy crossfire.

Copy shot fire and watch crossfire.

Watch crossfire.

If we get more units even from south, we need to fall intersection shut down.

We got crossfire everywhere.

Copy.

Where is he the in the car?

He's in the front.

I think he's moving between the passenger and the driver's seat.

He's in a in the middle in the front.

Hey, he's waving the rifle around.

Is it uh Rescue 52 has anybody in it?

Because I have a I have it on the background.

They were advised about this and they were told to hold short.

So we're units to close off uh north east and uh Craig intersection.

Yeah, follows north east just off of Craig, just close it.

I have multiple South Units around.

I have South Units around.

What side do you want units to approach from?

From South South on uh North Fifth and Craig.

From south, close the north bomb.

North bomb on fifth approaching Craig.

Close it.

And anyone on rifle.

He's waving the rifle out of the car now.

Like it's right in the net.

Probably he's waving the rifle out of the car.

Someone have a shield.

Hey, and one, can we get one of you guys on the TA for giving him commands from the vehicle?

Copy.

395.

You on our URL drop on the big drop.

West Round shot down now.

Shut everything down.

This whole intersection.

North down 5th on Allegander is shut down.

I went on right.

Drawing for the back feet.

But the wrong passenger window is open.

I can I have a visual on him still holding the rifle.

Just confirming you want the writing to come from South Down North, right?

Okay.

And uh that was also radio traffic up until the shots were fired.

Is that correct?

Correct.

All right.

Um, can you tell us about the involved officers?

The involved officers are the ones when I refer to involved officers, I'm saying the ones who discharge their weapons, and the other officers present will be um witness officers.

First officer involved is Officer Barnes, P number 2953.

He had approximately one year of service at the time.

He was assigned to the South Area Command as a patrol unit.

Call sign was three Adam Three.

He was riding as a two officer unit with Officer Dolan, and he had no prior officer involved shootings.

Officer Chevalier, number two, eight one one, had about three years of service at the time, working patrol out of the North Central Area Command.

Call sign was three Henry One, and he was a two-officer unit with Officer DeLorco, and no prior officer involved shootings.

Officer DeLorco, number two, eight six eight had just shy of two years of experience.

He was working patrol out of the North Central Area Command.

His call sign was three Henry One with Officer Chevalier, and he had no prior officer involved shootings.

Officer Garcia, number 28, 7 or 2780.

He had a combined two years of experience.

And was working as a patrol unit out of the South Area Command.

His call sign was three Charlie 3.

He was riding with Officer Lamb, and he had no prior officer involved shootings.

Officer Garrin, P numbered 2819, had approximately three years of service at the time.

Patrol unit out of the South Area Command.

Call sign was three Baker 3 and no prior officer involved shootings.

Officer Ryan, number 2951, approximately one year of service.

He was working patrol out of North Central Area Command.

His call signed is three George 5, and he had no prior officer involved shootings.

Officer Rigsby was had approximately seven years of service with North Las Vegas.

He was assigned to the traffic bureau.

And these are the witness officers.

We had Officer Christian Abshire, number 2925.

He had approximately one year, four months of service.

He was patrol in the North Central Area Command.

Call sign was three Ida 1.

Officer Dolan, number 2800, approximately two years of service.

Patrol unit out South Area Command.

Call sign was three Adam 3.

Two officer unit with Officer Barnes.

We had Officer Gutierrez Gonzalez, number two eight four two, just shy of two years of experience.

Approximately three years of service, patrol out of the South Area Command, call sign three Charlie 3.

He's riding with Officer Garcia.

And we had Officer Pavlenko, number 2619.

About four years, eight months of service at the time.

Patrol in the North Central Area Command.

Call sign was three Edward 1.

And he was riding with Officer Gutierrez Gonzalez.

After the shooting, what uh investigative steps did you take?

Following the shooting, body worn cameras and weapons were collected from all of the involved officers and were retained by supervision pending the arrival of investigating detectives, crime scene investigators, and the Internal Affairs Bureau.

Upon arrival of detectives, CSI and IAB, body worn camera footage was reviewed.

Involved officers were transported to their respective area command headquarters where they met with CSI and detectives to conduct ammunition countdowns of the firearms.

This process was completed to get a preliminary count on the number of rounds fired by each officer.

Can you take us through the countdowns?

Yes.

This is Officer Barnes' weapon.

He was equipped with a Colt M4 LE 556-223 caliber rifle.

His stated setup, which means the way that he said he loaded his magazines and the number of magazines that were available to him.

Um suggested he had a total of 91 rounds available.

Countdown revealed he had 79 rounds remaining.

Evidence on scene was consistent with the countdown and showed that Officer Barnes fired 12 rounds from his rifle.

And the initial setup is that determined from the interview with the officer.

Yes.

Officer meets with CSI as well as a detective who witnesses the countdown.

CSI asks how they load their weapon and their magazines and gets a preliminary count from there.

Sorry for the interruption.

And where does this take place?

At their respective area commands, so we had a convergence.

This is very close to our border between north and south.

So we had several South Area Command Officers and several North Central Area Command Officers, and they go back to those command headquarters to do these.

And that was Officer Barnes.

Could you take us through Officer Chevalier?

Chevalier.

Officer Chevalier was equipped or armed with a Glock 17, 9mm semi-auto pistol.

His stated setup was 71 rounds.

His countdown revealed 64 remaining.

The evidence on scene was consistent with the countdown and showed that Officer Chevalier fired seven rounds from his handgun.

And the countdown for Officer DeLorco.

Officer DeLorco is equipped equipped with a Glock 17 9mm semi-auto handgun.

His stated setup was 52 total rounds.

And the countdown showed 37 remaining.

The evidence on scene was consistent with the countdown, showed that Officer DeLorco fired 15 rounds from his handgun.

Officer Garcia.

Officer Garcia had a Glock 45, 9mm semi-auto handgun.

Stated setup was 52 rounds.

His countdown revealed 26, which would suggest 26.

However, only 25 cartridge cases located on scene were confirmed to have been fired from his handgun.

And is there any um possible reason for the discrepancy?

Yeah, the exact reason is unknown, but according to his stated setup, he would have loaded a magazine, chambered around, removed the magazine, and topped that magazine off with an additional round.

It's possible he didn't do that, and it's possible that a cartridge case just didn't get found.

There was a lot of traffic going through that intersection.

It could have disappeared.

Officer Guerin.

Officer Guerin had a Colt M4LE 556-223 caliber rifle.

His stated setup was 18 rounds.

His countdown showed five remaining.

Evidence on scene was consistent with the countdown and showed that Officer Garan fired 13 rounds from his rifle.

Officer Rigsby had an American defense MFG 556-223 caliber rifle.

Stated setup was 30 rounds.

His countdown revealed 27 remaining.

The evidence was consistent with the countdown and showed that Officer Rigsby fired three rounds from his rifle.

Officer Ryan.

Officer Ryan had a Glock 17 9mm semi-auto handgun.

His stated setup was 51 rounds.

Countdown revealed 34 remaining, and the evidence on scene was consistent with the countdown and showed that Officer Ryan fired 17 rounds from his handgun.

And um Mr.

McCoy was armed with a weapon as well.

Is that correct?

That's correct.

And was that recovered?

Yes, it was.

Was there a countdown performed on that weapon?

Yes, there was.

Mr.

McCoy's weapon was a Browning 22 caliber lever action rifle.

Rifle was loaded with 15 cartridges.

The rifle was struck by gunfire, causing damage to the buttstock.

And then um was there also an investigation performed to determine on the cause of the traffic collision.

Yes, there was.

Our traffic bureau responded and conducted that investigation.

Labeled here on the picture are all of the vehicles that were part of the scene.

V1, V2, V3, and V4 were involved in the traffic collision.

V5 was a witness who parked in the intersection to attempt to render aid.

And the investigation revealed that Mr.

McCoy was the accident-causing driver.

He entered the occupied intersection against a solid red light, struck the passenger side of V2, which was the blue truck.

After the initial collision, McCoy's vehicle rotated in the rear of it, collided with the passenger side of V3, which was the gray SUV in the photo.

And this caused a redirection of V3 in the front of V3 collided with the front of V4, which was facing the opposite direction on the north side of the intersection.

And just to be clear, um Mr.

McCoy's vehicle was V1, correct?

Correct.

Were there any additional findings?

The findings of the traffic collision were supported by video surveillance from the nearby convenience store.

The first camera view faces westbound toward North Fifth Street, south of the intersection of Craig and North Fifth.

And the second camera view we'll look at faces the intersection of Craig and North Fifth.

So this video is, as I said, pointing out toward fifth south of the intersection, it will show Mr.

McCoy's vehicle pass by, high rate of speed, which will be north down northbound toward the intersection.

Can you play that mic?

We'll look at the other camera angle now.

Let me set this up a little bit.

So the intersection, you can see the lights toward the top center.

They'll cycle from yellow to red prior to Mr.

McCoy's vehicle entering the intersection.

And were there any uh interviews uh conducted with witnesses on the scene?

Yes.

So as I showed in the prior picture picture, um, the black SUV in the center of the intersection wasn't involved.

It was a in the traffic collision.

It was a witness.

He was interviewed by detectives and stated that he was waiting in a red light to turn from southbound north fifth to eastbound Craig Road.

He advised the silver Malibu came out of nowhere at a high rate of speed and smashed into the other involved cars.

Once the light turned green for the witness slash driver, he parked in the intersection west of the accident scene to see if anyone needed help.

Witness approached Mr.

McCoy, it looked like he was, quote, on something and very paranoid.

When the witness asked Mr.

McCoy if he was okay, McCoy quote, pulled a gun on the witness.

And we'll play some of the audio from that interview.

I asked the guy in the I went up to the guy in the Chevy.

Okay.

He was the closest to me.

And uh he looked uh he looked uh how would you say he looked um like he was on something, like he was very paranoid, and he put a gun on me.

He pulled the gun on you.

Wow.

He put a gun on me, and then I saw it because like I said, he looked paranoid, and when I looked in the car, I asked him, hey, are you okay?

He didn't say anything, he just took like a big breath.

I you know, and like he pointed like I saw him with the gun like this, and I kind of just you know, I backed off.

Sure.

And I started telling everybody else, like, do not get near that car because he has a gun.

Were there any additional witness interviews?

There were some.

All right.

There were several witnesses.

Uh, one of the more pertinent was a North Las Vegas fire department paramedic who had arrived to uh help render aid.

The rescue vehicle arrived and parked east of the intersection.

The paramedic slash witness walked to the passenger side of the silver Malibu, saw Mr.

McCoy sitting in the driver's seat, leaned back with a cigarette in his mouth and holding a rifle across his lap.

When Mr.

McCoy saw the witness, he turned toward him, moving the rifle barrel in his direction.

McCoy yelled to the witness, get the fuck back.

The witness alerted other FD personnel and bystanders, and McCoy was armed.

The witness retreated to a rescue vehicle for cover.

Was there any evidence collected by crime scene investigations?

Yes.

Over the majority of the 24-hour period following the shooting, the NLVPD CSI Bureau conducted the aforementioned officer ammunition countdowns, documented the shooting scene, and collected items of evidentiary value.

Following items were recovered from the shooting scene, included 65 9mm cartridge cases, 27.223 caliber cartridge cases, broken wooden gun stock from Mr.

McCoy's rifle, multiple bullet fragments, the Browning 22 caliber lever action rifle that Mr.

McCoy was armed with, and one 22 caliber cartridge, which is essentially a live round, recovered from the passenger seat of Mr.

McCoy's Malibu.

And the presence of the single 22 caliber cartridge and the location that it was found were indicative of Mr.

McCoy's gun having a cartridge in the chamber at the time of the shooting.

And can you explain why that would be?

So in this photo, you can see that the action of the gun is open, the lever is down, and the bolt is back, and the ejection port is open.

In order for the round to have been discovered on the passenger seat, it would have ejected from the ejection port on that when the action was opened.

And what causes a round to eject from the port?

It has to be loaded into the chamber, and in this case, in a lever action, the lever would have to be manipulated downward in order to bring the bolt back and open the injection port and eject the round that's in the chamber.

Was there any photographs of that round?

Yes.

So in the picture on the left, it's difficult to see.

It's at the front of the cup.

We have a zoomed-in picture of the passenger seat showing the 22 caliber cartridge on, like I said, on the passenger seat.

And that's the front passenger seat.

Front passenger, correct.

Any additional evidence collected.

Following the processing of the scene, the Malibu was sealed and towed to the NLB PD secure evidence bay for additional processing.

The following items of evidentiary value were collected, which included multiple firearm projectiles and bullet fragments, a composition book, a brown clipboard with white residue on it, small plastic bag containing white residue, one bottle of Southern Comfort whiskey, four empty cans of Mike's Harder lemonade, and additional pieces of the broken wood gun stock.

And was there then an autopsy performed on Mr.

McCoy?

Yes.

Myself and Detective Wells attended the autopsy on June 17th, 2024.

The cause of death was ruled multiple gunshot wounds.

The manner of death was ruled a homicide.

And 13 intact projectiles or bullets were recovered from the body of Mr.

McCoy.

Toxicology revealed the presence of methamphetamine at 3,000 nanograms per milliliter and cocaine at 32 nanograms per milliliter.

And according to the lab report, blood levels of two to six hundred nanograms per milliliter have been reported in methamphetamine abusers who exhibited violent and irrational behavior.

High levels of methamphetamine can also elicit restlessness, confusion, hallucinations, circulatory collapse, and convulsions.

And these substances are also prohibited to be in your system while operating water vehicles, is that right?

Correct.

And are you aware of the per se limit according to the matter revised statute 484 C.10 for methanephetamine is 100 nanograms per milliliter.

Yes.

Right.

So this is approximately 30 times that amount, is that right?

Correct.

Can you take us through the scene?

The uh picture on the screen depicts the location of the officers who were present for the shooting that were on the south side of the intersection or the south side of the black SUV.

Closest to Mr.

McCoy's vehicle was Officer Garcia.

He was on the running board of the rear passenger.

Um essentially just inside the rear passenger door of the black SUV.

Officer Rigsby was standing next to him, followed by officers Pavlenko and Barnes at the front of the fire engine.

And in the patrol vehicle there was Officer Dolan seated in the driver's seat using the PA system.

Passenger side was Officer Gutierrez Gonzalez.

He was behind the passenger door, and standing next to him was Officer Garant.

Officers Garcia, Rigsby, Barnes, and Guerin fired.

This would be the north side of the intersection, and these are the officers' positions with Officer Ryan being closest to the black SUV.

Next to him was Officer Chevalier.

Next to him was Officer DeLorco.

The three of them did fire their weapons.

Officers Abshire and Lamb were next to them, and they did not.

Were uh interviews conducted with the involved officers?

Yes.

It was a voluntary process.

They all agreed to be interviewed as well as the witness officers.

I'll just go over some key points from their interviews, starting with Officer Barnes.

Officer Barr's, excuse me, Barnes arrived on scene with Officer Dolan, grabbed his rifle and joined Officer Pavlenko at his position near the front of the fire engine.

Officer Barnes said McCoy was lying down between the front seats with his feet facing the front of the vehicle.

Officer Barnes said he could see McCoy waving the gun around inside of the vehicle with no obvious specific target.

Officer Barnes said McCoy was non-compliant with verbal instructions being given to him and felt McCoy's level of aggression was escalating.

Officer Barnes felt that Officer Dolan's use of the PA system directed McCoy's focus to her vehicle.

Officer Barnes witnessed Mr.

McCoy point his rifle at Officer Dolan.

He recognized that she and other officers were in imminent danger.

Officer Barnes said he discharged his rifle to prevent potential loss of life to a fellow officer.

We also interviewed Officer Chevalier, who was one of the first to arrive on scene with Officer DeLorco.

Officer Chevalier recalled NLV FD personnel yelling that the person inside of the Malibu was armed, and he observed people running to seek cover.

Officer Chevalier could not initially see McCoy inside of the vehicle from his position due to dark window tint, but said he knew someone was inside of the vehicle as he could see cigarette smoke coming from the front window, which was partially open.

As additional units arrived and lit up the Malibu with spotlights, Officer Chevalier could see McCoy moving inside of the vehicle.

Officer Chevalier said he and Officer DeLorco moved behind the black SUV and could see McCoy holding a rifle.

Officer Chevalier described McCoy as waving the rifle at radically from side to side.

He said McCoy then aimed the barrel of the rifle west out of the front passenger window toward officers.

Officer Chevalier recognized McCoy had the ability and opportunity to shoot at and potentially kill an officer, and that the threat was imminent.

He made the decision to discharge his handgun at that time.

Officer DeLorco.

Upon arrival, Officer DeLorco saw NLV FD personnel at the driver's door of the Malibu.

One of them yelled that someone inside pointed a gun at them, and that person ran away to seek cover.

Officer DeLorco could see the barrel of a rifle, quote, moving around inside the car.

Officer DeLorco believed McCoy was waving the gun intentionally to defy the orders of police and to taunt the officers.

Officer DeLorco saw the barrel of the rifle come out of the open passenger window, and he expressed fear for the lives of the other officers and the public.

He then made the decision to discharge his firearm.

Officer Garcia was also interviewed, and he arrived on scene with Officer Lamb.

Upon arrival, he saw Officer Rigsby standing alone on the right or south side of the black SUV.

In an attempt to gain a better view and tactical advantage, Officer Garcia opened the rear passenger door of the SUV and stood on the running board.

Officer Garcia said he could see McCoy lying on his back with his legs straddling the gear shift and his torso in the rear of the cabin.

Through the open passenger window, Officer Garcia could see the barrel of a gun that McCoy was holding, and McCoy was waving the gun erratically from side to side with no clear intended target.

While Officer Dolan was giving McCoy instructions over the PA system, Officer Garcia saw the barrel of the rifle extend out of the open window, pointed directly at Officer Dolan and the others near her.

Officer Garcia perceived a direct intentional deadly threat toward officers, said he believed that McCoy was going to shoot or attempt to shoot an officer or innocent bystander.

Officer Garcia fired multiple times at McCoy and felt the slide of his pistol locked to the rear.

He was unsure if he had run dry of ammunition or if his firearm had malfunctioned.

Officer Garcia reloaded and continued firing, believing McCoy was still a threat, and he was concerned about the accuracy of his rounds after they passed through the vehicle.

Officer Garrin.

Officer Garrin arrived on scene as a single officer unit.

Officer Guerin retrieved his rifle and positioned himself on the passenger side of the patrol vehicle from which Officer Dolan was addressing McCoy via the PA system.

Officer Garrin noted that McCoy was unresponsive to verbal instructions to drop the rifle and exit the vehicle.

He could see through the passenger window that McCoy was holding a rifle.

Officer Garrin said McCoy was looking around erratically as though he was searching for officers but did not know where they were.

Officer Garrin saw McCoy sitting in the center console area of the Malibu as verbal attempts to de-escalate continued.

Officer Garrin then witnessed the barrel of McCoy's gun swing out of the open passenger window and aim directly at Officer Guerin.

Officer Guerin fired his weapon in McCoy upon being confronted with the imminent threat of being shot.

Officer Guerrero noted that McCoy was laid back between the seats and recalled thinking this was an intentional act by McCoy to avoid gunfire and continue to fight.

Officer Garam fired additional rounds through the vehicle door in an attempt to neutralize the threat.

Officer Rigsby.

Officer Rigsby arrived on scene and positioned himself to the south of the black SEV with a view of McCoy through the open passenger window.

He could hear verbal instructions being relayed to McCoy from officers on scene.

When Officer Rigsby heard Officer Dolan's voice over the PA system, he said McCoy's behavior changed from, quote, just moving around in sporadic to, quote, fixating on the officers that were positioned near the PA speaker.

Officer Rigsby said that McCoy then aimed the barrel of the rifle out of the passenger window and at the officers near the PA speaker.

Officer Rigsby believed McCoy intended to shoot the officers and discharge his rifle to address the imminent threat to life presented by Mr.

McCoy.

Officer Ryan.

Officer Ryan arrived on scene as a single officer unit while en route to the call.

He said that he heard Officer Chevalier on the radio and recognized that the tone of his voice indicated the situation was serious.

Officer Ryan positioned himself to the north of the black SUV, west of McCoy's vehicle.

He advised he could see McCoy through the open passenger window.

Officer Ryan said that McCoy was moving, quote, erratically and constantly inside of the vehicle.

And recalled thinking McCoy was possibly under the influence of drugs.

Officer Ryan could see that McCoy was armed with a rifle, which was initially pointed generally upward and was moving from side to side within the vehicle.

Officer Ryan said the barrel was moving with no obvious intended target.

Officer Ryan continued that after he began hearing PA announcements, McCoy's actions appeared more intentional as he lowered his position within the vehicle, giving Officer Ryan the perception that McCoy was tactically, quote, gearing up for a gunfight.

Officer Ryan then saw the barrel of McCoy's rifle come out of the open window and it was aimed directly at officers.

Officer Ryan recognized the threat to officers presented by McCoy to be imminent.

He discharged the firearm multiple times and attempts to stop the threat.

Now we'll get into the witness officers.

Again, these are officers who were in close proximity but did not discharge their firearms.

First, we have Officer Abshire.

Officer Abshire arrived on scene and witnessed McCoy inside of the vehicle, armed with a rifle.

He witnessed McCoy's gun aim out of the window in the direction of fellow officers.

Although Officer Abshire recognized the threat as imminent, he was not in a good position to fire and knew there were several officers in a better tactical position than he.

Officer Abshire made the decision to not fire his weapon.

Officer Dolan.

Officer Dolan arrived on scene with Officer Barnes.

Upon arrival, she could see that McCoy was inside of the Malibu, armed with what she perceived to be a shotgun.

Officer Dolan went to a patrol vehicle west of McCoy's vehicle and began using the PA system to direct McCoy to drop the weapon and exit the vehicle.

She told McCoy that officers did not want to hurt him and that their intention was to help him.

Officer Dolan was unable to hold her firearm in her hand due to using one hand to operate the PA mic and using the other to cut the mic in an effort to amplify the sound.

After several PA announcements, Officer Dolan witnessed McCoy look toward her vehicle and point the barrel of his rifle directly at her.

Officer Dolan described her feeling at that time as, quote, word for word, like in my head, oh fuck, I'm gonna get shot.

I was terrified.

Officer Gutierrez Gonzalez.

Officer Gutierrez arrived on scene with Officer Pavlenko.

He saw McCoy in the front seat through the open passenger window, erratically looking around while holding a rifle.

Officer Gutierrez recalled having an unfavorable backdrop containing medical personnel and pedestrians.

His attention was diverted to passing traffic when the gunfire began, and he did not discharge his weapon.

Officer Lamb.

Officer Lamb arrived on scene with Officer Garcia, and he could see McCoy waving the barrel of a rifle around inside of the Malibu.

Officer Lamb joined the group of officers positioned to the north of the black SEV.

Officer Lamb saw the barrel of McCoy's rifle come out of the open window, but could not see Mr.

McCoy.

Due to not being sure of McCoy's location in the vehicle, Officer Lamb did not fire his weapon.

Officer Pablenko.

Officer Pavlenko arrived on scene with Officer Gutierrez Gonzalez and positioned himself to the west of the Malibu using the front of the fire truck that was parked in the intersection as partial cover concealment.

Officer Pavlenko could see that McCoy was holding a rifle, waving it around in a threatening manner, and said that McCoy appeared, quote, panicked.

Officer Pavlenko yelled verbal commands to McCoy to drop the rifle.

Officer Pavlenko felt there was an imminent threat to officers but did not just charge his weapon due to concerns with his backdrop and the fact that McCoy was moving around too much for him to get a clear shot.

And um, have you also included uh recordings of the body worn camera from the officers?

Yes, several of them, not all of them.

Some of the body worn camera doesn't show anything, depending on the officer how they're standing.

And one of them was completely black and was audio only.

So I took out the body cams that actually show the incident unfold.

Um first is Officer Ryan's, it's a longer one.

I let it play to hear all the verbal communication that's going on uh during the time officers are on scene.

Um, by the way, if you are discretion advises, this material may contain graphic images or language.

Hey, drop the gun!

Do not point the gun at us!

Do not point the gun at us.

Hey, how many we got in there?

Just one put the gun down!

Put the gun down.

Okay, I won't can we get one of you guys on the TA and start giving him commands in the vehicle.

Hey, stop pointing the gun at us.

Come on, coming over to you.

I backdrop is shit.

Put the gun down.

We got just one in there, confirmed.

Drop the gun.

You got a bad backdrop.

Hey, he's pointing.

Hey, buddy!

Go get everybody out of that gun.

Stop pointing the rifle at us.

Hey, if he pointed, we can I'm fucking done, bro.

Put the gun down.

Drop on the bank drop.

Hey, we got an offset in there if you get everybody out of the gas station.

Drop the gun.

Hey, you gonna be three in the back?

I wanna write.

Back seat, he's in the back seat.

Drop the gun!

Shot fire.

Well now look at the body cam uh footage from Officer Rigsby.

This one has been shortened.

Um not near as long as the last one.

Yep, careful, you see the gun, right?

Don't you fucking put that rifle?

Next we have the first body worn camera clip from Officer Garcia.

Don't you fucking put that rifle?

Hold fire, hold fire!

Hold fire!

Hold fire!

Shots fire, shots fire.

Next body warned camera video we watch is from Officer Chevalier, who is on the opposite side of the vehicle from uh Officer Rigsby.

Drop the door!

Be careful with that.

And now we're gonna watch another clip from Officer Shvalley's body cam.

It's the same incident, but it's zoomed in to allow the viewer to see the rifle uh waving around inside of the vehicle.

And this will be also from Officer Chevalier's body cam, and it's the uh moment right before the shooting when the rifle barrel comes out of the passenger window.

It's difficult to see, it's flooded by light.

Well we'll look at another view from another camera that shows it a little clearer.

Uh this is from Officer Abshire's body worn camera, who's also on the north side of the black SUV.

He did not fire as a reminder.

We'll look at Officer Lamb's body worn camera next.

It's the one that shows the clearest view of the rifle barrel coming out of the passenger window.

We'll see a couple clips from this one.

Shots fired, shots fired.

Officers are code for shots fired.

The end of that incident zoomed in and slowed down with no audio.

Well now watch Officer Dolan's body worn camera.

As a reminder, she's in a patrol vehicle using the PA system to communicate with Mr.

McCoy.

Hey, you have someone on PA?

Driver in the vehicle.

We don't want to hurt you.

We need you to come out with your hands up.

I want to write it up.

Driver in the rolls of the back beef.

Driver in the vehicle.

We do not want to hurt you.

Come out with your hands up.

Driver, drop the gun.

Come out with your hands up and empty.

We do not want to hurt you.

Sending body worn down in 25 seconds.

Body down cancel the pole.

We do not want to hurt you.

Put the gun down.

Come out with your hands up.

Driver, I need you to listen to me, okay?

We do not want to hurt you.

I need you to put the gun down.

Shots fired, shots fired, shots fired.

We're gonna watch um a video from Officer Pavlenko now.

This is following the shooting on the approach to the vehicle, which shows the um 22 caliber long rifle in the lap of Mr.

McCoy when they approach the vehicle.

Rifle is down.

We're gonna open the vehicle and it's dropped him.

I got eyes on my own.

I got a hand, hold on.

Hold on.

Yeah, what's up?

Slow it down.

He's not a friend.

And we took this is a snapshot from that same video showing the gun in the position it was in when officers approached the vehicle after the shooting.

We're gonna watch a second clip from Officer Garcia's.

This is also following the shooting, and it's Officer Garcia removing the weapon from the vehicle.

And were you able to make a determination while watching the the body worn camera as to how long commands were being given to Mr.

McCoy prior to the shooting?

Um I believe officers Chevalier and Delorco began verbal commands when they arrived, and it was approximately nine minutes from the time they began issuing verbal commands until the shooting happened.

And then were there any forensic uh uh tests?

Was there any forensic testing done as part of the investigation?

Yes, there was several evidentiary items were sent to the LVMPD forensic laboratory for analysis and or comparison.

Among the items sent was a 22 caliber rifle possessed by Mr.

McCoy at the time of the shooting.

Gun was found to be functional.

I also submitted two lab testing the firearms used by the officers and the cartridge cases collected from the scene.

The lab was able to determine that the number of rounds fired by each officer matched the reported number of rounds during the officer countdowns, with the exception of Officer Garcia.

As we talked about earlier, the lab was able to associate 25 cartridge cases with Officer Garcia's handgun, whereas the officer countdown suggested he fired 26 times, given his magazines were loaded as he intended.

Exact reason for the discrepancy is unknown.

Also sent to the uh forensic lab were the 13 projectiles or bullets recovered from Mr.

McCoy's body at autopsy, and one additional bullet that was discovered during the autopsy preparation at the coroner's office.

I asked the lab to associate the projectiles with the weapons from which they were fired.

The lab was unable to associate three of the 14 bullets to any specific firearm due to damage and limited marks.

The lab was able to associate the remaining 11 bullets with the officer's firearms as follows.

Two nine millimeter bullets were recovered, or excuse me, were fired from Officer Delorco's handgun.

One of the nine millimeter bullets was fired from typo, excuse me, from Officer Ryan's handgun.

Five nine millimeter bullets were fired from Officer Garcia's handgun.

One 223 caliber bullet was fired from Officer Barnes' rifle, and two point two two three caliber bullets were fired from Officer Guerin's rifle.

And that concludes my presentation.

I have no further questions.

Okay.

Mr.

Ewing, you can proceed.

Are you now Sergeant Forsberg?

Yes, sir.

Sergeant, um, as you know, I'm the Ombudsman.

My responsibility is to ask questions on behalf of the public and also the subject's family, Mr.

McCoy's family.

Yes, sir.

In this particular case, my understanding is that one female family member reached out early on, reached out to North Las Vegas Police Department early on, asked some general questions, but did not leave any contact information.

Is that correct?

I didn't retain the phone number, I'm sure it was on the caller ID, but I talked to her early on, and I never heard from her again.

And other than that, we have no information about family members.

Correct.

And there for no one else was contacted to ask if they had any relevant questions.

So I'll be focusing on uh representation of the public and asking questions the public may be interested in.

And also your presentation was very thorough.

I don't intend to repeat a lot of stuff.

Some things may be repeated just to provide context to questions.

Um but I appreciate your your presentation.

Um there were five vehicles involved in the collision, including Mr.

McCoy's Malibu, is that correct?

Um four involved in the collision and one witness vehicle was in the scene.

And that was the Tahoe.

Right.

And the Tahoe was kind of the staging point for a lot of the police officers involved.

Some on the right side, some on the left side.

Yes, we had officers Garcia and Rigsby on the right side of the vehicle, and on the left side we had officers Ryan, Chevalier, Delorco, Abshire, and Lamb in that order from closest to the vehicle to farthest.

And when you talked about those five officers on the left side of the vehicle, uh, is it true that the ones closer to the vehicle were the ones that discharged their firearms, and the ones that were further away were ones that did not?

As the line of people got longer, they were forced to be farther and farther to the rear of Mr.

McCoy's vehicle.

So we only had a few officers testify that they actually had a good visual of Mr.

McCoy inside of the vehicle, and those were the three closest to the vehicle.

So the further they were away from the vehicle, the less their visual.

Ah, let me ask that question.

Further away they were from the Tahoe, the less they could see.

Correct.

And a couple of them made the decisions not to shoot because they did not see the eminent risk of arm.

Correct.

And is that what they're trained to do?

Yeah, I mean, it's a personal decision.

It's tough to know in in where they were standing what they should do, right?

I like Officer Abshire testified he knew that they were officers in position better to handle the threat than him.

But he also has to feel confident that they're going to make the correct decision to do that.

And he obviously was because he didn't shoot.

Not being able to actually see Mr.

McCoy's entire body inside of the vehicle.

I mean, he still would have been justified given the threat and would have kind of had to just use his best guess on exactly where he should aim.

Is there any requirement that a police officer actually personally view the threat to fire their guns?

Not necessarily.

Like in a situation like that where he was able to confirm that there was only one person inside, and the radio traffic was pretty descriptive on its positioning within the vehicle, and they could see the barrel of the gun, he could reasonably discern on where he should be shooting.

Is there ever a scenario when an officer uh can discharge their weapon simply because other officers are discharging their weapons?

No.

Can you explain that?

Well, we call that sympathetic gunfire if you were not sure.

All officers are trained to be sure of their target and be sure of the threat.

They have to recognize the ability and the opportunity of the suspect to inflict death or serious bodily injury, and they have to recognize that the situation is imminent and that other tools or ways of handling it wouldn't be appropriate.

And were some of the officers who did not fire their weapons, did some of them simply state, I didn't see the threat, so I chose not to fire.

You identified five 911 calls, four of which expressed concern about them there be the possibility of having a gun involved.

Yeah, I don't remember without looking at my report.

It's been a year and a half since I wrote that up.

But um I know we took specifically two that we played here today that mentioned the gun.

I don't remember how many of the calls or repeat calls actually mentioned firearm.

Would you surprise be surprised if your report indicated that four of the five expressed concern about the possibility of the driver having a gun?

I would not be surprised, no.

Then you discussed the radio traffic between police officers after the 911 calls and identified um.

And the dispatch broadcasted the call for service, directing vehicles to the location, identifying the race of the driver and the threat to arm and the description of the vehicle.

Is that right?

Yes.

So a lot of cars responded.

Um was there any organization there?

Was there anybody that was directing certain cars to go and certain cars not to go?

Um, there was some of it you can hear in the radio traffic after the initial officers start issuing verbal commands and people are coming to help, they're directing them, for instance, shut down northbound traffic on North Fifth before Craig.

An officer stops at Craig and Alexander gets that shut down.

Um as Officer Pavlenko is arriving, Officer Chevalier is directing him to stop westbound traffic or uh eastbound traffic coming from the west through the scene.

And um, I believe it's Officer Clanton is arriving and shuts down the eastbound traffic, but it takes some time.

The initial thing is always to deal with the direct threat.

And once they felt like they'd established some communication and it was somewhat stagnant, although it never really was fully stagnant, then we have officers in place to deal with the threat, and that's when excuse me, they started directing people to shut down different parts of the intersection.

So direct uh directing attention to the threat was the primary concern.

Correct.

Controlling traffic was a secondary concern.

Correct.

And from the videos that you showed us from the body cams, you could see that really traffic never was completely controlled.

Yeah, it's very busy intersection, and with the threat of the gun coming out of, you know, waving around inside of the car, most of the officers had their attention directed there.

They use their vehicles the best they could to stop traffic, but people don't like to be diverted, and if you're not out there to hold your hands up and stop them, they will try to find a way through your scene.

And you also testified that during the course of the of the altercation, um, all of the officers in their statements indicated that the suspect, McCoy, was waving the gun around inside the vehicle.

Correct.

But that one thing happened that precipitated the gun gunfire.

Yes.

What was that one thing?

It was the gun being intentionally aimed at an officer.

Which officer?

It was officer Dolan perceived it directly at her.

She was in the driver's seat of the patrol vehicle.

Officer Guerin was on the passenger side, and he also perceived that the gun was pointed at him.

So that would have been the patrol vehicle west side of the intersection, just south of the fire engine.

Would the officers have been justified to have fired even earlier than that?

Yes, they and why is that?

At the point that Mr.

McCoy is armed with the rifle and he's already, according to our 911 calls and the way you can hear on the radio traffic, has threatened people with the rifle.

As the gun's waving from side to side, specifically Officer Ryan even mentioned the gun is pointed at them at different times, but it waves back and forth, and he was apprehensive to shoot based on not feeling the direct threat of the gun actually finding or pointing at an intended target.

In the body cams that you showed, were there some officers that said specifically stop pointing the gun at us?

Yes, Officer Ryan was one of them.

He was arrived earlier than he's on the north side of the Tahoe and he's closest to it, and he was by himself for a while until officers Shivale and Delorco changed their position.

And you can hear him multiple times telling him stop waving the gun at us, stop pointing the gun at us, drop the rifle.

There was some discrepancy and an opinion over what kind of a gun it was.

Some called it a rifle, some called it a shotgun.

Correct.

And I trust there's no way to tell if it was a what the caliber of the gun was.

Is that right?

Not I don't think there was an officer anywhere close enough to be able to tell.

And that particular type of gun.

I think part of the perception that it was a shotgun is it has a tubular magazine, which almost makes it look like a double barrel brake action shotgun.

In terms of officer safety, what's the significance of the fact that the gun in question was a rifle?

Well, rifles typically have a very high velocity and they can be fired accurately from longer distances.

Were the officers wearing uh body armor?

Yes.

I guess that my question is uh can 22 caliber rifles penetrate body armor potentially.

I'm not really an expert on that.

Um I will tell you not knowing what it was, and thinking that it could be a significantly higher powered rifle that can't penetrate body armor was certainly a consideration for officer safety, yes.

And mind you, the body armor only covers essentially what a tank top would, but stops below the belt line.

So there is plenty of opportunity for, even if it were to hit the vest for serious injury to occur.

When the officers began to res to respond to the scene, uh, what did they know about the suspect McCoy?

Um nothing other than his general description, and he had caused an accident and he possessed a rifle and had potentially pointed at people who were trying to render aid.

They didn't know anything about his criminal history.

No, and some of them appeared from the body cam, some of them were suspicious he may be under the influence, yes, but they didn't know for sure.

Correct.

But later on, we determined that he was under the influence of methamphetamine at a pretty high level.

Methamphetamine and cocaine.

Uh and you said in your direct examination that it was sufficient to cause um violent behavior, hallucinations, um, things of that nature.

Correct.

The officers didn't know that at the time that he was under the influence.

Correct.

But was were those con uh findings consistent with with Mr.

McCoy's behavior?

Yes.

Was that significant to your investigation?

I mean, it is at the end of the day, the actions are the actions.

The officers can't determine whether somebody is acting a certain way because they're under the influence or not.

I mean, when presented with a deadly threat like a gun being pointed at you, at that moment, any type of level of intoxication or anything is pretty irrelevant.

You have to deal with the threat regardless of why it exists.

You showed the body cam of Officer Garcia, and correct me if I'm wrong, but he was the officer that was behind the rear right rear door of the Tahoe standing on the on the running board.

Yes.

Was the position of that officer significant to your investigation?

It was.

And how many shots did Officer Garcia shoot, if you can recall?

At least 25.

And he actually chambered a second magazine.

Yes.

As he said in his interview, he felt his slide lock back.

He wasn't sure if he had run dry or his gun had malfunctioned.

He reloaded.

He expressed during his interview that he felt Mr.

McCoy was still a threat, likely from his positioning in the vehicle, and continued to fire.

And he's also the one that told everybody to stop firing based on what he was able to see.

And at the end of the shooting, where was the Mr.

McCoy's rifle?

On his lap.

And was that still perceived as being in a threatening area or a threatening location?

Yes.

And who was the one that saw that?

Officer Garcia.

And he was you said earlier he was the one that finally gave the command to stop shooting.

Yes.

Which I believe everybody had at that point, anyways.

He was just reiterating from what he could see that it was no longer a threat, and no additional force was needed.

Your report indicated the that the actual shooting lasted nine seconds.

That sounds about right.

Yeah, we watched the video together today.

Did it appear like that was accurate, or did you feel like it could have been even less than nine seconds?

I feel like it was less.

I'm not sure.

Um watching it live, it doesn't seem long to me.

Nine seconds seemed like a lot, but I'm sure if I put that in the report, I had actually timed it, and that's why it would have been in there.

So you'd rely on your report.

Yeah.

Um there was a lot of shots fired.

Yes.

Around was it around 90?

92.

92.

What during the course of your investigation?

What did you attribute to uh there being that many shots fired?

Well, when you break it down to seven officers, well, seven officers shooting obviously has an effect on that, and I think it breaks down to an average of about 13 per officer, maybe minus one there.

Um it's a pretty unique shooting, especially from say the standpoint of officer Garcia, who's got a view of this guy the entire time, and typically what we see an officer involved shooting is there's some type of visual stimulus to let the officer know, like hey, reassess.

For instance, like a standing person, if an officer were to shoot at them and they fell, that would trigger in their mind that their rounds are being effective and might prompt them to reassess earlier.

Where in this case, when Mr.

McCoy begins when the shooting begins throughout the entirety of the shooting, he's lying in the same position with essentially the gun in the same position, and there's not really a visual stimulus there to tell them, hey, these rounds are being effective, time to reassess.

And the windows were tinted?

Yes, and it was night time.

Yes, and shooting through a vehicle can affect the trajectory of the rounds, so especially when there's no visual stimulus, it's it's difficult to tell if what you're doing is being effective.

Did there appear to be a correlation between the number of shots an officer fired and their close proximity to the to the Malibu?

In some of the cases, yes.

I mean, Officer Rigsby and Officer Garcia are right next to each other.

Officer Rigsby is shooting a rifle, which is a more a 223-caliber rifle, which is more of an ideal weapon to have if you have to shoot through a vehicle due to the high velocity, and it tends to stay straighter as it passes through a vehicle.

He only shot three times, he's right next to Officer Garcia, but he's also at ground level.

Officer Garcia is elevated.

So in that case, it didn't really factor in.

But when you get to the other side of the vehicle, I think they were closer in the number of shots.

Officer Ryan being having the best view on that side, and if I remember correctly, also fired the most rounds from any officer on that side of the vehicle.

And he also had a handgun.

Correct.

So generally speaking, the Glocks fired more rounds than the rifles did in this shooting.

And I believe you testified that one citizen was threatened.

Yes.

And one representative of the fire department was threatened.

Yes.

With the gun.

Correct.

It appeared that the the twenty-two caliber rifle was pretty badly damaged.

The stock was kind of blown apart with um shots.

But yet you can still test it to make sure it was functional.

Correct.

And that was done.

Yes, and it was functional.

And all officers interviewed who discharge their weapons.

Yes.

And based upon your investigation, would you would you testify that the body cameras you reviewed were consistent with all of the recorded interviews?

Yes.

So I wouldn't know if in the interview I specifically asked all of them if they knew how many they fired, but sometimes that is inconsistent.

When we collect the evidence and review the body cams.

Into the hand, out of the hand, and into the body.

And because this was a twenty-two caliber rifle, there's no requirement that it be registered.

Correct.

And no indication that this particular weapon had ever been involved in an elite in any illegal activity.

No, it was after testing.

I don't have any other questions.

Okay, not seeing any other questions in the room.

This is going to conclude the public fact-finding review.

It was held because the Clark County District Attorney's Office made a preliminary determination that no criminal prosecution of the officers involved in the death of Julian McCoy is appropriate.

Clark County Ordinance Chapter 2.12 requires public review following such a determination.

Prior to today's public review, the Clark County District Attorney's Office provided to Mr.

Ewing and myself copies of law enforcement investigation regarding the death of Mr.

McCoy.

The documents provided by the prosecution are considered pros public record.

If you missed any portion of this review and would like to obtain a recorded transcript, a video of the entire proceeding is available on Clark County on the Clark County website.

That is W dot Clark County NV dot gov.

That concludes the police fatality public fact finding review and the death of Mr.

Julian McCoy.

Thank you, everybody have a good day.

Thank you.