Good morning.

Welcome to today's police fatality public fact-finding review concerning the death of Robert Fennello on March 22nd, 2025.

I am Mandy McKeller.

I will be presiding over today's proceedings.

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 Robert Fanello is appropriate.

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

This is not a trial.

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

Fanello.

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

He will determine the witness or witness to be called.

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

Carl Arnold will be appointed as the embudsman.

He represents both the public and Fanello family.

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

The procedure for questioning witnesses shall be informal with a view to providing the public with relevant information regarding the 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 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 regarding the manner or cause of death shall be rendered.

As a reminder, uh the following material that is required to be presented may contain graphic images or language.

Viewer discretion is advised.

No.

No.

Okay.

Mr.

Portz, you can go ahead.

And we will call Detective Brian Walter.

Detective, just by way of background, can you tell us uh where you work?

I work at the for the Las Vegas Metropolitan Police Department and been employee for 22 years and currently assigned to the force investigation team.

Okay.

And the force investigation team is that commonly referred to as FIT?

Yes, sir, it is.

And what are the job duties and responsibilities of a detective on the FIT team?

Our primary focus is the unbiased investigation of officer-involved shootings.

We also cover any deadly or substantial violity harm injury to officers or citizens involving police actions and in custody deaths.

And does that include the investigation of officer involved shootings that result in fatalities?

Yes, sir, it does.

When an officer-involved shooting occurs within uh Metro's jurisdiction and the FIT team is called out to investigate, is it just one detective that responds or are there multiple detectives from that team?

There are multiple detectives, including a sergeant and lieutenant.

Okay.

And why is it that multiple detectives and the sergeant and lieutenant respond to these scenes?

Generally the scope of officer involved shootings is very broad, uh, very large scenes at times.

So there requires a numerous resources to do a proper investigation of those scenes.

Okay, so an officer-involved shooting takes place, the fit team responds, are different roles kind of divvied out to members of FIT to conduct the investigation into the shooting?

Yes, they are.

And what types of rules can be handed out?

Yeah, the primary investigator, which in this case is me.

And then you have uh detectives doing interviews uh to with officers or citizens, and then you have also detectives that are going to go to the hospital with the victim or suspects are transported to the hospital.

And do detectives also canvas for video surveillance on scene if that exists?

Yes, sir.

And uh you indicated that there is a primary case agent.

What's the role of the primary case agent on a fit response?

To oversee all the other detectives involved to make sure the scenes and video and uh um interviews are done uh correctly.

Okay.

And when the detectives assisting the primary case agent conduct their different uh collections of data or evidence, do they respond or provide that back to the primary or case agent on the fit team?

They do, and the case agent uh reviews all those all that the evidence and/or uh statements done.

So I want to direct your attention now, detective, to March 22nd of 2025.

Were you and members of the FIT team called out to the 6100 block of Allen Cove Court?

Yes, sir.

And is that here in Las Vegas, Clark County, Nevada?

Yes.

And just generally speaking, what was the nature of the call you were responding to?

Uh to an officer-involved shooting uh in the area of South Durango Drive and Patrick Lane inside of a uh home community.

Okay.

Um and the whole FIT team responded to this scene, is that correct?

Yes, sir.

And they did all the various job duties and tasks and responsibilities you've already articulated.

Is that correct?

Yes, sir.

And then that information that they collected, as well as the information you collected, it's all provided to you.

Yes.

Um and in this particular instance, did you prepare a um PowerPoint presentation to kind of walk us through that investigation?

Okay.

So you indicated, if we could go back one slide, that the scene you were called to was at the 6100 block of Alan Coach Court.

What are we looking at here?

This is an overview map of the OIS location.

Okay.

And when you respond to the scene, if an officer does use their weapon, are they identified as the subject officer?

Yes.

Are there other officers who may have been witnesses that are identified as witness officers?

Yes.

When you respond to this scene, do you identify in subject officer?

Yes.

Okay.

Can you walk us through who that person is?

Subject officer is officer Larry Jones.

He was hired in September of 2019.

At the time of the incident, he was 27 years old.

He was assigned to the Summer Summerlin Area Command.

His body worn camera was activated.

He did provide a walkthrough, but did not provide a statement to fit.

Okay.

You indicate his body worn camera was activated.

Could you just briefly describe what body worn camera is and how it works?

A recording device worn by all metro uh officers that records the incidents.

And as part of your investigation, do you uh review the subject officer's weapon that was fired?

Yes, sir, we do.

Can you please talk us through that?

His weapon was a Geisley super duty rifle.

It is 223 caliber, equipped with an optic and light.

The investigation revealed one round was fired.

Did you also interview witness officers on the scene?

Yes, sir, we did.

Okay.

Can you walk us through who those witness officers were?

Sergeant LeGran, Officer Castic Nino, and Officer Altamirano.

Officer or Sergeant LeGrant and Officer Castanigo were a part of the immediate action team that were down the street from Officer Jones's location.

Officer Altamirano was uh spotter for Officer Jones.

Okay.

And we're going to get more into the details of the nature of the call they're responding to, but what's could you just break down for us what you mean by action team and spotter?

Uh as part of the department to handle any situation involved a person with a gun, which this case is uh the uh officers on scene will get a team together which contains usually a sergeant, a uh deadly force option, which is handgun or rifle, and a low lethal option in the hands-free officer, and they uh address address the uh subject and try to resolve the situation peacefully.

Okay.

Um so let's then turn to the decedent in this case.

Can you tell us a little bit more information about the decedent?

The decedent is Robert Wayne Fanello.

At the time of the incident, he was 68 years old.

He lives in Las Vegas.

The applicable charges should he have survived was assault with the use of a deadly weapon on a protected person, three counts, battery domestic violence with substantial bodily harm, victim over 60, and discharging a firearm where a person might be endangered.

And these applicable charges, these were based on what was going on just prior to the officer-involved shooting?

Yes, sir.

Okay, so this is what he would have been charged with, as you said, if he had survived.

Yes, sir.

Did he have a weapon on scene at the time of the officer-involved shooting?

Yes, sir.

It was a Taurus model 605 357 caliber revolver investigation revealed.

One round was fired from that weapon.

Okay.

Um, as part of your duties in investigating an officer-involved shooting that results in a fatality.

Do you uh attend or get information regarding an autopsy of the decedent?

Yes, sir.

I did not attend, but we did get information.

Okay, could you walk us through what evidence you obtained from that?

The autopsy was conducted by Dr.

Nagy on April 8th, 2025.

The cause of death was gunshot wound of the torso.

Manner of death was homicide.

Toxicology showed uh caffeine and THC in decedence uh body.

Um, so we haven't fully discussed this yet, but can you walk us through the nature of the call that these officers were responding to prior to the shooting?

Uh the call was a person with a gun who had made threats over the phone.

Okay.

And had he over the phone when he made those threats, had he indicated that there was another victim potentially involved in this case?

Yes, sir.

Okay.

And who was that to the decedent?

The defeat the victim was to identified as CF, that's the decedent's wife.

Uh she was unable to be interviewed due to her injuries and her mental capacity.

Uh she had injuries, uh, both eyes were bruised and swollen, and she had bruises on her chin and lips.

Okay.

And was contact with CF made after the officer involved shooting?

Yes.

Okay.

Um, and you indicate you indicated that when the officers were responding, there had been some reference from the decedent that he had been attacking this individual.

Yes, sir.

Okay.

Um, and when they came into contact her, she had obvious visible injuries.

Was she transported to the hospital on account of those injuries?

She was.

Okay.

So why don't we start talking a little bit more about the context and details of the case?

Can you walk us through the timeline of how these events unfolded?

Yes, sir.

At 1352 hours, suicide hotline called L V MPD dispatch to report that a male, the decedent, had a loaded 357 Magnum and was going to shoot himself if no one showed up.

The decedent admitted to beating his wife for the past two days and had not been sleeping.

The decedent stated he would not put the firearm down.

Okay, so let me just ask a couple questions about that.

It says the decedent admitted to beating his wife for the past two days.

Is that the individual CF that we just discussed?

Yes.

Okay, continue.

At 1353 hours, officers were assigned.

At 1355 hours, medical was advised.

1357 hours, the decedent told suicide hotline.

He does not want to be asked to put his firearm away, or he will shoot himself.

1400 hours, officers began to arrive.

1402 hours, officer Jones broadcast, he heard a gunshot.

The decedent told suicide hotline, he fired a round into the air at the same time.

Okay, and this information comes from a variety of sources.

Is that correct?

Yes, sir.

Um and does that include uh CAD logs that are being updated by various officers responding to this?

Okay.

Um and did the decedent, when he fired that weapon indicate that that was uh he shot it as a warning?

Yes, and to the air.

Okay.

And that was uh just minutes after officers began to arrive on scene to assist.

Yes.

All right, can we go to the next slide, please?

Oh, sorry, you're at it.

Uh 1406 hours, officers saw the decedent at the end of the cul-de-sac walking back and forth with a firearm.

At 1409 hours, officers began issuing the decedent verbal commands.

At 14 10 hours, Sergeant Le Grand saw the decedent holding the firearm to his head, and the decedent stated he would not put the gun down.

At 14 12 hours, shots fire was broadcast by Officer Jones.

At 14 16 hours, officers approached the decedent and placed him in custody.

Officers located a decedent's wife in the garage.

At 14 16 hours, medical arrived.

And at 1501 hours, the decedent was pronounced deceased at UMC.

Okay, so before we go to the next slide, um these this timeline indicates that officers after they arrived observed the decedent with a firearm in his hand.

Is that and during that time officers were issuing orders for him to put the weapon down?

Correct.

And did he verbally refuse to put the weapon down?

He did.

Okay.

Um it also indicated that he had put the firearm in at point of the firearm at his own head at some point.

Is that correct?

Yes.

Okay.

Um now you had testified previously that part of your review uh and investigation includes the review of body worn camera from officers on scene.

Is that okay?

Um can you please walk us through the body worn camera in this case?

Uh just a reminder that the viewer discretion is advised.

This is going to be graphic content.

So before we play this, detective, can you just tell us whose body worn camera we're viewing and what we're going to see in this clip?

This is Officer Jones' body worn camera.

This is when he arrived one block away from the decedent's uh location.

Uh he exits his patrol car, and in the distance you'll hear one gunshot.

I'm arrived at that uh one side of thing.

I'd just have another unit just a lot of the deploy rifle as possible.

And to Robert C T V just be advised.

Just give us a red.

I just heard a uh gunshot just come from the front of the residence.

Okay, so that gunshot we heard, even though we can't see it that the decedent at this point that was fired by the decedent.

Yes.

Okay, and again, he had indicated that was a ward shot as officers had arrived.

Correct.

Okay.

Um, and then just to be clear, we're going to be looking at a few different body worn camera clips.

Um these are not the entire body worn camera clips that you reviewed, is that correct?

Correct.

And we're only going to be viewing a few of the different officer body worn cameras in this presentation, but you reviewed all the body worn camera from all responding officers.

Correct, and I did.

Okay.

So now we've gone to a new slide.

Um are we still on Officer Jones' body worn camera?

Yes, sir.

And before we play, just describe to us what exactly we're we're gonna see take place during this video.

Uh at the end of the previous video, Officer Jones and his spotter, Officer Altamirano had jumped a fence into a backyard of this residence and got permission from the homeowner to enter the residence.

Officer Jones uh chose this residence for the tactical location to overview uh the decedent's location and give uh live updates to other officers arriving on scene.

And so in this video clip, we see Officer Jones in a residence with his um with his service firearm pointed out the window, is that correct?

Yes, and the window because of the video camera, it's white, we can't see what's out there.

Yes.

Um just for a little bit of context, where from your review of the evidence is the decedent at this point in time?

He is officer Jones is in the second story of this residence, so the decedent is below him and in standing in the middle of the cul-de-sac.

Okay.

And this cul de sac, this is a residential neighborhood.

Yes.

So there's homes in the surrounding area.

Yes, sir.

Does that include the decedent's home?

It does.

Um, and when we see video later, do we see the decedent's garage is open?

Yes.

And that's where he indicated that his wife who he had been beating for the past few days was located?

Yes.

Okay.

Um so in this clip, Officer Jones has the firearm trained on the decedent.

Is that correct?

Yes.

Um, and while he's doing this, what's kind of going on with the response action team?

Uh the response action team, when you're looking at this video would be to the right hand side of the screen down the street, about six houses away, uh, seven houses away, then moving towards uh the decedent's location.

Okay.

And are they in kind of the line of sight of the decedent as well?

All right.

So uh as we watch this, is this where we will see Officer Jones fires off his round that happens after?

Yes.

Okay.

Yeah.

Just let him know it's in his hand.

Shots fired, you raised it at him.

No, he raised it towards the control 2 over 2 TV.

It's going to be shots fired by police break.

Subject raise the uh revolver towards that immediate action team that's positioned directly uh north.

All officers are called four.

Okay, so at the beginning of that clip, we see Officer Jones, as we as you previously testified to, has the firearm trained on the decedent at this point.

Fair to say when they're responding, this is what would be called a dynamic scene.

It is.

You're in a residential neighborhood, there's people around, the decedent is standing in the middle of a cul-de-sac with a firearm that he has put to his head that he's fired a warning shot from.

Um, and there is a um his wife who appears by the decedent's own comments is is injured somewhere inside that house next to him.

Yes.

And then you have an action team that's attempting to have the decedent put his firearm down and is in the line of sight of the decedent.

Yes.

It is part of officer's Jones's responsibility at this point in time to make sure the decedent doesn't do anything that could cause harm to others.

Correct.

And at some point we see him fire his shot.

Yes.

And then he radios that he he observed the decedent point the firearm at the action team that was approaching.

Yes.

Okay.

As part of your investigation, uh, in addition to reviewing body worn camera, did you also look for third-party video that may have covered uh the area that you were investigating?

Yes.

Okay, and now before we play this, just describe to us what we're looking at.

I see an individual in the cul-de-sac, and you tell us who that is.

That is the decedent.

Okay.

And then on behind the decedent or on the opposite side of the camera frame, we see a garage door open.

Is that the decedent's residence?

Yes, it is.

And then this third-party video is from across the way of the decedent's residence.

Is that correct?

Yes.

Is this from a similar vantage point or a different vantage point of where we just saw Officer Jones fire that shot from the case?

Similar.

Okay.

So we see the cul-de-sac kind of ends to the left.

Where is the action team that is responding or attempting to get the decedent to drop the firearm at this time?

Could it be the far right of the screen down the street?

Okay.

So with kind of that context in mind, uh, would you please uh tell us what we're gonna see and then play the video?

Uh you're gonna see the decedent uh raise the firearm uh towards the immediate action team, and then also uh note that the audio in this from the download uh from the source was is a little off, so you're gonna see him fall and then you're gonna hear a gunshot.

Okay.

Okay, so we indicated that we hear the audio is slightly delayed from the action.

Um, but what we observe is the decedent with the firearm in his right hand raising it towards the area where the action team is?

Yes.

And in the blast video is that when we see Officer Jones disengage the safety and pulled the trigger on his service weapon.

Yes.

Okay.

Uh could you go to the next clip, please?

What are we looking at here?

This is a zoomed-in still photo from that same third-party video that shows that the decedent pointing his firearm at the media action team.

Okay.

And as you had indicated, the action team is off to the right, the area where his firearm is being pointed.

Yes, sir.

Um as part of the response to this investigation.

Um do you call crime scene analysts out to document everything in place?

Yes.

All right.

Can you walk us through some of the crime scene photographs from this particular case?

This is a drone video overhead shot of the uh crime scene.

The red dot at the center bottom of the screen is the decedent's location.

The star to the right-hand side of the screen is Officer Jones's location.

And the star at the center top of the stream screen is the immediate action team's location.

But uh, real quick, the police car that is seen uh near the red dot and the uh MCV uh vehicle that's towards the immediate action team was not there during the OIS.

Those were moved there later.

Okay, so we try to keep the scene static for documentation purposes, but after Officer Jones fired his shot, does the immediate action team respond to the decedent to one take him into custody and two provide life-saving measures?

Yes, that's their vehicle.

Okay.

Um so that's after the shot was fired, they drive up.

Yes, sir.

They put him in handcuffs, they perform life-saving measures, and the ambulance is called.

Yes.

And was the decedent uh removed from the scene by the ambulance?

He was.

Okay, it wasn't until later at the hospital that he was declared deceased.

Correct.

Um and then let's go to the next slide.

What are we looking at here?

Uh this is a close-up of the scene.

Uh decedents close some medical intervention uh trash, and then the decedent's firearm.

And the next photograph, please.

As a close-up of the decedent's firearm.

Um, in addition to documenting the scene and the weapons, and again, we should just note more of the scene was documented photographically, but this for purposes of your presentation, we're just looking at some of the more relevant or salient points.

Is that fair?

Yes.

Okay.

Um, as part of your investigation, do you also interview some of the officer witnesses on scene?

Yes.

Okay.

Let's start with Officer Altamoreno.

I apologize if I mispronounced that name.

Uh you had indicated previously that this officer was a uh assigned the role of spotter, is that correct?

Yes.

So where does that place Officer Altamareno when in the context of what we've seen so far?

So in Officer Jones's video that you saw, she would be to the right of Officer Jones looking through a uh plantation shutter covered window.

Okay.

Can you please walk us through what Officer Altamirano uh revealed during her uh voluntary statement?

Officer Altamaro arrived near the call for service with Officer Jones as she exited her vehicle, she heard one gunshot from the direction of the decedent's residence.

Officer, the officers jumped a wall into the backyard and contacted the resident.

They gained consent to enter the residence and obtain a visual of the decedent.

The officer positioned themselves on the second floor of the residence at the west facing windows.

Descedent was in a was in his driveway, holding a gun in one hand and a cell phone in another.

Officer Altamirano learned that officers were posted down the street north of the decedent, attempting to talk to him via their public address system.

Descedent's attention was to the officers to the north, and he appeared to have no knowledge of Officer Altamirano and Officer Jones' location.

Officer Jones had his rifle deployed out the second floor window while Officer Altamirano observed decedent's actions.

The decedent held his gun, pointed straight down, then slowly raised it in the direction of the officers posted down the street.

Officer Altamorano heard Officer Jones fire one shot and observe the decedent fall to the ground.

Okay.

Um do you also conduct were were other officers also interviewed from the action team?

Yes.

Okay.

And then did you also conduct what's known as an officer walkthrough?

Yes, sir.

Can you explain to us what an officer walkthrough is?

The purpose of the officer walkthrough is to insist crime scene analysts and fit detectives with developing an understanding of the scene.

This includes identifying officers' locations at the time deadly force was used, identifying items of potential physical evidence, and recreating a timeline of the incident.

All walkthroughs and statements conducted with the involved officers are voluntary.

And was an officer walkthrough conducted with the subject officer, Officer Jones?

Yes, sir, it was.

And did he agree to participate in the walkthrough?

Yes.

Okay, can you explain to us uh what information was gleaned from his walkthrough?

Officer Jones participated in the walkthrough led by the LVPPA attorney who asked questions and the officer would answer yes.

Officer Jones was dispatched to a call involving a male, the decedent with a firearm.

The decedent's wife was still holding, was still in the house, and he refused to put the gun down.

Officer Jones heard a gunshot upon arriving.

Officer Jones jumped a wall into a backyard and got consent from the homeown homeowner to enter the house.

Officer Jones went to the second floor with the spotter.

There was an immediate action team down the street.

Dispatch advised the decedent was not putting the gun down.

Officer Jones saw the decedent with the gun.

The immediate action team was in sight of the decedent.

The decedent pointed the gun at the immediate action team, which was within range of the gun.

Officer Jones discharged his rifle to protect his fellow officers.

No, sir.

Okay.

Thank you very much, Detective.

Appreciate your being here.

Okay, Mr.

Arnold, you can proceed.

Thank you.

Sir, I I think what's the most concerning thing is from the window, how did Officer Jones see where the action team was?

Uh via radio.

He did not see the action.

I'm sorry.

He did not see the action team.

Uh via radio, they broadcast their location and the direction they were moving towards the decedent.

And you interviewed the action team, correct?

Yes.

Do you know if the action team was in covered positions at the time of this shooting?

They were f they were walking up with the patrol car.

So they were bound, they were behind a patrol car, yes, sir.

So they were behind the patrol car in a covered position, and they were not exposed.

I don't know if a patrol car would be covered, can c considered uh cover more of concealment because a bullet can pass through a patrol car.

Well, let's go ahead and describe for the public where these officers were in relationship to the patrol car.

The patrol car was driving towards the decedent in a kind of an angle, and the officers were on the passenger side of the patrol car.

Okay.

So and the passenger side of the um patrol car was the door open?

When they were moving, no, when they had stopped, yes.

Okay.

So when they were stopped and they set up, I think you called it um for a public service um speaker, they were using some kind of microphone or yes, sir, the public address system, the PA from the patrol team.

Yes, sir.

Okay, and so they were doing that from behind a door.

Is that correct?

Yes.

How far from the decedent to where those officers, the action team were?

Uh six houses.

Okay.

So a considerable distance.

Would you estimate at least 30 to 50 yards?

Considering six houses.

Uh let's see if that.

Yes.

Okay.

And they were out of the view of Officer Jones.

Yes.

So Officer Jones, when he shot um the decedent, the only reason that he shot was because the decedent raised his gun in that direction.

Yes, uh, let me clarify real quick.

Uh Officer Jones was inside of a house, and due to the structure of the house, he could not look to his right to see the immediate action team because of the angle.

However, the decedent had clear view of the immediate action team approaching.

So that raises a couple of issues.

Outside of the officers, did anyone see any citizens on the street?

I don't know, sir.

And you didn't see any reports or go through any when you went through the body camera videos of each individual, you didn't see any citizens outside of officers on that street.

No, sir.

Um the only individuals that would have been in danger would have been the officers, the action team.

Yes, at that time, yes.

And the action team, they're trained to go ahead and approach someone that's suicidal, obviously, with cover.

Is that correct?

Yes, sir.

And so officer Jones made the decision to shoot without being aware of the officers in the action team whether they were covered or not.

Because he couldn't see them, correct?

He could not see him from his location, that is correct, sir.

Did the action team have any discussions with the decedent?

Yes, there was verbal back and forth.

Right.

And I I did hear that, but outside of drop the firearm, drop the firearm, were there any other interactions in regards to trying to de-escalate the suicidal thoughts that the decedent was having?

Yes, sir.

They asked him several times, we got help for you.

If you just put the firearm down, we can get you help.

And initially, it was the decedent that called the suicide hotline.

That is correct.

Okay.

So in essence, he was asking for help.

Possibly, yes.

I didn't see on the timeline when the action team actually arrived.

They arrived uh just after Officer Jones uh entered the house and had an overview of the decedent.

Okay.

And do you have a I have 412 is when Officer Jones fired the shot.

Do you have the time frame as to when the action team came down the street?

One second, sir.

They arrived, uh Officer Jones arrived on the street first, and by the time he got into the house, as he's entering the house where he was, where the OIS occurred, uh the officers were arriving, and then they were putting together an immediate action team.

So 30 seconds, 45 seconds.

35 seconds prior to the actual shot, the action team got there.

No, sir.

When Officer Jones arrived, there some time had elapsed.

Once Officer Jones arrived inside the house, there was uh some time that elapsed, and then uh the immediate action team moved up after the OIS.

Okay, I have that on the timeline from 1406 to 1412 as to when Officer Jones first arrived, and um Officer Jones did the actual shot.

Is that correct?

Uh yes, sir.

And in between that time, when did the action team get there?

I guess I'm kind of confused.

The action team is there.

When the officers arrived on the scene, they were already there.

They were developing the immediate action team, yes, sir.

So you can see that uh officers began issuing the decedent verbal commands at 1409 hours, and then at 1409.

Okay.

And then at 14, 10 hours, Sergeant LeGrand saw the decedent hold the firearm.

And then at that time the immediate action team is uh developed and they are moving towards off the decedent's location.

So at 1409, we have the first announcements where they say we have help, and at 1412, we have the shot that eventually killed Mr.

Jones.

Yes, sir.

So we only have three minutes that elapse in order to de-escalate these suicidal thoughts that um the decedent had.

Yes, sir.

Um additionally, you said the spotter, I forget the officer's name, but the spotter was looking through plantation windows.

Plantation shutter covered windows, yes, sir.

Did you have an opportunity to look through the windows that she was looking through?

Myself, sir?

Yes.

Yes, sir.

And so um, could she see the action team?

She could not see the action team's uh first location, no.

From that location, no, sir.

So no one could see the action team, and no one could identify um if the action team was under any type of threat.

Uh the officers inside the residence could not see the action team.

The decedent could see the action team.

And yet still the shot was fired?

Yes.

Now with the action team, um, do they have crisis counseling training?

Those two individuals that showed up?

All the officers on the scene had uh CIT certification, yes, sir.

And they did not have an extended time to talk to him.

They asked him several times to put the weapon down and he refused to put the weapon down.

In regards to um because he walked out of the house with the um phone.

Um did any officers get on the phone in an attempt to calm him down?

No, he was still on the phone with uh Suicide Hotline and we were going through dispatch to try to get him to talk the gun down, but it said in his uh in the timeline, he refused to put the gun down and did not want to put the gun down.

Okay.

At no time when he was outside um the house did any officers see him discharge uh the firearm?

No, sir, no officers were present at that time.

Okay, I'll just close with this.

What was the the um I'm sure there was a transcript, but what were the things that were said by the action team to actually try to de-escalate this situation?

They asked uh the decedent several times just to put the weapon down and they can talk.

And if he we have the help available to him, if he would put the weapon down, we can get him some help.

Okay.

Outside of that, nothing was done.

No, sir.

And they only had three minutes to go ahead and try to de-escalate the situation.

Yes, sir.

All right, I have no further questions.

Any follow-up?

Just a few.

Um, detective, just so that we're kind of clear on the timeline.

You've you've prepared a report uh as part of your investigation, is that correct?

Yes, sir.

Okay, and your timeline is developed in part by reviewing what's known as a CAD log?

Yes.

What's a CAD log?

Uh computer-aided dispatch is what information is tapped in by dispatch and a times logged in what is written down.

Okay, so when things go over the radio, they get noted and at the same time that they're being said.

Yes.

Okay, and that includes when an officer responds or when an officer says something took place, they radio it over the CAD and the CAD records the date and time that that was stated.

Yes, sir.

And then you also have body worn camera.

Yes.

Is that date and time stamped?

Yes.

So that allows you to provide an accurate timeline based on the date and timestamp from body worn camera and the cathode.

Yes.

And so it was at 1402 hours that Officer Jones and Altamarina arrived uh in the area, is that correct?

Yes.

And it was also at 1402 hours after their arrival, we saw Officer Jones' body worn camera where we hear that first shot fired by the decedent.

Yes.

Okay.

Um, and then by 1404, Officer Jones and Altamareno were inside the residence across the way where they had that observation point from the second floor.

Yes.

And then shortly after that, the action team arrived and they were they have to develop what's known as a plan.

Is that fair?

Okay.

And that's kind of a means to make contact with the distressed subject, um, but also maintain some sort of safety uh during the course of their interactions with him since he's armed and suicidal.

Yes.

Okay.

Um, and also he's already fired off one shot as what he said was a warning.

Yes.

Okay.

Um, and then you indicated that at 1409, the immediate action team um was asking the decedent to drop the firearm over the PA system.

Yes.

And they were also informing him that they have the help that he needs.

They were trying to de-escalate, is that fair?

Yes.

Okay.

Um, and the only reason they had three minutes was because the decedent raised his firearm in their direction.

Yes, sir.

Um, had the decedent not pointed a deadly weapon at officers who were within range, uh, would the officers have continued to speak to him to attempt to de-escalate the situation?

Yes, sir.

Okay.

Now you testified and questions were asked of you as to whether or not Officer Jones or Altamareno could see the immediate action team and you had testified that because of their vantage point inside the house, their view of the action team was blocked.

Yes.

Could they hear the immediate action team?

Yes.

Is this, as we saw in the videos, is taking place in a cul-de-sac?

Yes.

Is there only one kind of pathway of ingress and egress that road towards the decedent?

Yes.

And as the officers are officer Jones and Altamareno were observing the decedent, um, they also hear the action team, the area from which they are coming from.

Yes, sir.

Okay.

And common sense tells you you can figure out what area those individuals are located.

Yes.

And as part of your review of the CAD, are these officers, is it common for officers to be communicating about their relative position so that all officers involved have an idea of where their fellow officers are, even if they can't see them.

Yes, sir.

So based on all that information, Officer Jones was aware that they were on the street in the cul de sac within range of the decedent.

Okay.

And then again, he fired only when the decedent raised his weapon towards that immediate action team.

Yes, sir.

All right.

Thank you, sorry.

Okay.

Is there any questions from the public?

Okay.

Um, not seeing any written questions.

This public fact finding review 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 Robert Fennello was appropriate.

Clark County Ordinance Chapter 2.

The purpose of today's hearing was to present the public with the essential facts surrounding the death of Robert Fennello.

Carl Arno was appointed as the Clark County by the Clark County manager as the embudsman to represent the public and the Fennello family.gov.

This concludes the police fatality public fact finding review in the death of Robert Fennello.

Thank you.