I'm William Jansen.

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 and the death of Daniel Ortiga is appropriate.

Clark County Ordinance 2, Chapter 2.12 requires public review following such a determination.

This is not a trial.

The purpose of today's proceedings is to present the public with essential facts surrounding the death of Mr.

Otiga.

Chief Deputy District Attorney William Finn, William Flynn will present today's fact-finding review on behalf of the district attorney's office.

He will determine what the witness are witnesses to be called.

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

Gwen Gurling has been appointed to be the ombudsman.

She represents both the public and Ortiga family.

She 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 the 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 and forms located in the back of this of this room and present those forms to one of the officers present.

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

At the conclusion of this review, no formal determination regarding the matter or cause of death shall be rendered.

Now to either uh Ms.

Gurney and Mr.

Flynn, do you have any additional things to add?

No.

Okay.

No.

All right, Mr.

Flynn, then you may call your first witness.

Thank you.

We're going to uh call Detective Mark Cologne from the Las Vegas Metropolitan Police Department.

Sir, how long have you worked for Metro?

Uh 24 years.

And when you started with Metro, did you start as a patrol officer?

Yes, sir.

All right.

So fair to say you went through the normal police academy process, field training, and became a police officer.

Yes.

Eventually you became a detective with Metro.

Is that correct?

Correct.

Approximately how long ago was that?

2006.

2006.

And what is your current assignment with Metro?

I'm a detective with the force investigation team.

How long have you been in that position?

Twelve years.

What is the force investigation team with Metro?

The Force Investigation Teams responsible for investigating officer-involved shootings, deadly force incidents, and calls where officers are the victims of a violent felony and uh sustained injury, and we also investigate in custody deaths.

What types of personnel are or what is the structure of the force investigation team within Metro?

We have six detectives, a sergeant and a lieutenant, and we also have a cadre of detectives that help us out on the larger calls.

All right.

Now the forced investigation team, it's sort of separate from the other investigative detective squads, etc.

through Metro and goes right uh through to the sheriff, correct?

Correct.

All right.

And so uh just given the nature of that you're often or almost entirely investigating the conduct of police officers, fair.

Criminal investigations, yes.

Yes.

Um the force investigation uh team as part of its duties, the detectives and all the various personnel that uh assist respond to uh crime scenes or scenes where there is a potential officer involved shooting, correct?

Correct.

All right, and we commonly refer to that as an OIS, right?

Yes.

All right.

So uh force investigation team we may hear throughout our our conversation today referred to as fit, correct?

Yes, and then uh officer involved shooting is just an OIS for purposes.

Correct.

All right.

Um so turning to the matter we're here for today.

Um the uh you first of all, you've prepared a what's essentially a PowerPoint presentation with slides to aid in your testimony today, correct?

Correct.

All right, and as we go through that, I'm gonna lead you through that and ask you some some basic questions uh surrounding that.

And so just starting off, I know you have your first slide up already.

Um it refers to this particular officer-involved shooting that occurred May 16th, 2025 at the 1700 block of North Rainbow Boulevard in Las Vegas, Clark County, correct?

Correct.

All right.

Um that was uh an event that happened sort of in the middle of the day, right?

Daylight hours, yes.

All right, and I know we're gonna go through a lot of the specific details uh of things, but just for the audience for the sake of context.

Correct me if I'm wrong, but the nature of this call is uh there are 911 calls are coming into Metro about an active shooter at uh this particular business location, which is a large gym, correct?

Correct.

All right, and then patrol officers responded uh because of those 911 calls, and uh ultimately that leads to the officers uh shooting the decedent um just outside the business, correct?

Yes, all right.

So uh starting there, um if you could uh go ahead and move forward.

And this slide, of course, is a map, but uh could you just explain um what we're looking at?

Yes, this is the overall map of the scene showing the main cross streets to be Rainbow and Vegas Drive, and then a closer view where the actual OIS took place was in the parking lot just outside of the entrance.

Okay.

Um so the sort of top half of the screen, that's the building that is the gym, right?

Yes, and the parking lot where all we see all the cars below it, of course, correct?

Yes.

Um, and that dot uh is right in front of the main entrance to that business, correct?

Yes, all right.

So if you could uh just let a uh explain which uh officers were actually involved in the shooting.

Okay, first we have Officer Kate Urban.

He was hired in November of 2020, he was 29 years old, he worked Bolden Area Command Patrol, his body worn camera was activated, he provided a walkthrough, and he did not provide a statement to fit.

All right, before we if you could just back up uh to that one before we move on, just for uh the audience area commands metro has the valley divided up into particular what you call area commands um to service those areas, correct?

Yes.

So this gym was located in Bolden Area Command, yes, and so officers naturally that are responding are operating within uh that area, which is you have abbreviated as BAC patrol, correct?

Yes, all right, and now we'll I know in in your presentation uh later on there's a discussion of what a walkthrough is, um, but I know just for now there's uh a walkthrough and a statement listed on your uh presentation, those are two different things, correct?

Yes.

Um and of course, Nevada law doesn't require uh uh officers to do these particular things, but they have the options to do them, correct?

Correct.

All right, so we'll get to that later as we we explain, but uh officer Urban provided the walkthrough portion, which is a version of a statement in a way, right?

Through his attorney, yes.

And then uh then uh did decline the uh separate statement, and if you could you know pick it up from there.

Okay.

His weapon was a BCM 223 rifle equipped with an optic and tack light.

He had a 30-round magazine capacity, and then investigation revealed four rounds were fired.

How do how does the investigation determine how many rounds the officers fired?

We do a countdown of the weapon, which shows he to we count the weapon down from how he carries it on duty to see how many rounds are missing, as well as the evidence at the scene, the cartridge cases, as well as body cam.

Okay, so you can compare their their body worn camera, of course, what crime scene analysts might collect at the scene with cartridge cases, and then the countdown from what's within their weapon, right?

Yes, when this type of event happens and the officers are on scene, um, they typically have uh another police officer assigned to them uh right after the incident to sort of monitor them, correct?

Correct.

Um, and they can that's an opportunity as well to secure their weapon um so that it's preserved for this countdown later on, correct?

Yes.

Okay, if you could continue, please.

All right, next we have Officer Aaron Javier.

He was hired in May of 2016.

He was 37 years old.

He also worked Bolden Area Command Patrol.

His body worn camera was activated, he provided a walkthrough, and he did not provide a statement.

His weapon was a Smith and Wesson 223 rifle equipped with an optic.

He had a 30-round magazine capacity, and the investigation revealed one round was fired.

And last we have Officer Skeeter Black.

He was hired in December of 2015.

He was 44.

He also worked Bolden Area Command Patrol, his body worn camera was activated, he provided a walkthrough and did not provide a statement.

His weapon was a Daniel Defense DDM4 223 rifle equipped with an optic intact light.

He had a 30-round magazine capacity, and an investigation revealed one round was fired.

Alright, so just uh before we move on, there were three total officers uh that discharged their weapons, correct?

Yes.

Um one of them fired four rounds, two of them each fired one round, correct?

Yes.

All right.

Um, and noting from your uh information, all three of them were carrying rifles, correct?

Yes.

Is that uh, you know, we all see police officers walking around the street and they're they're not armed with rifles.

Is this the type of circumstance based on the nature of the calls coming in of an active shooter where officers are going to retrieve these types of weapons from their vehicle and and and you know approach the scene with those?

Yes.

Okay, so it's strictly the nature of the call that determined they were gonna arm themselves with rifles.

Correct.

All right.

Um, unfortunately, um during the course of the decedent's time inside the gym, uh, he did kill one person, correct?

Correct.

And if you could explain from there.

We refer to him as EQ.

He was 31 years old, and he was the club manager there for 14 years.

And the autopsy uh determined his cause of death was multiple gunshot wounds.

Now uh we have several uh when we say victims, that's now on the screen.

These are our other victims of uh crimes that occurred from the decedent inside the gym, but that survived any injuries.

Yes, yes.

If they were injured, correct.

All right, if you could go ahead and explain those victims.

The first one is AP, he was 67 years old, he suffered a graze wound to the chin.

He was in a northeast corner of the gym and heard approximately 10 to 30 gunshots.

AP attempted to find cover and get low to the floor.

While on the floor, a piece of shrapnel struck AP under his chin.

After being struck, he located the nearest exit and ran out of the gym.

AP stated he did not observe the gunman and was unable to identify what type of weapon the gunman utilized.

Next, we have JR.

He was 55 years old.

He suffered fragments to the leg.

J.R.

was working out and he heard loud popping sounds, but wasn't sure what they were at first.

JR saw people running and was hit in the leg.

J.R.

looked at his leg and saw that he was bleeding and he couldn't stand up.

He realized someone was shooting, so he crawled out of the gym and went towards the emergency exit where everyone else was running out.

Next we have JT.

He was 57 years old at the time.

He suffered a gunshot wound to the back.

JT finished his workout and was leaving the gym.

JT heard several pops and immediately fell to the ground.

JT felt burning in his lower back, and he touched his back area and observed blood.

JT did not observe the suspect.

Next we have JC, he was 20 years old at the time.

He was a victim of assault with deadly weapon.

JC was working the front desk and walked to the manager's office.

JC heard someone say, he's got a gun.

The decedent appeared in a doorway and pointed his rifle at JC.

And JC ran to the break room.

Last we have AM, she was 19 years old.

She was a victim of assault with deadly weapon.

We will go over her full statement in an upcoming slide.

All right.

So again, these are victims that were uh either sh uh, of course, we started with uh uh the homicide victim, but then we had several victims that were struck by gunfire and uh other victims that were assaulted with uh by the decedent with the firearm, correct?

Correct.

All right, and um overall um I know you said the the last victim uh gave a fairly detailed statement, correct?

Yes, so we'll get to that in a bit.

Correct.

All right, so if you could um go ahead then and explain further.

Okay.

We had some witnesses.

There was 15 people interviewed that were inside the gym during the incident.

All right.

Um let me stop you one more time.

Fifteen people that were inside the gym.

Is it fair to say at the time that the decedent entered the gym armed and and began the whole shooting uh incident?

There were many people, patrons and employees within the facility.

Correct.

All right, and they were unarmed people that were all uh reacted in various ways, whether it was hiding, running out the building, anything in between, correct?

Yes, all right.

So um you have on your slide that there were 15 people interviewed that were inside the gym.

Was there actually a much larger process of screening people for potential witnesses that you and all of the other detectives and personnel that assisted conducted?

Yes, uh, several people left before the incident started or didn't know about the incident because they were driving away.

There's also some uh patrons that left that we weren't able to contact.

Okay.

And there were a large number of people in the area that when police arrived, you have no idea if they are witnesses to anything, correct?

Yes.

So those are screened through as well.

Yes.

All right.

Um 15 in total that were in the gym that became sort of clear witnesses, if you will.

They they saw something particularly relevant, were all interviewed by the by the fit detectives.

Yes.

All right.

Thank you, if you could go on.

All right.

Our decedent, uh, Daniel Ortega, he was 34 years old.

Had he survived, he would have been charged with murder with a deadly weapon, three counts of attempt murder, three counts of assault with deadly weapon on a police officer, and five counts of assault with deadly weapon.

For applicable charges, those are the charges for which the Metro fit detectives and and other personnel determined had uh the decedent survived.

Metro believed had had probable cause to arrest him for these particular crimes and submit them to the district attorney's office.

Yes.

Thank you.

His weapon was an Olympic arms 223 rifle, and we found 24 cartridge cases at the scene, which he he fired at least 24 rounds inside the gym.

Okay, so just for terminology's sake for the audience, a cartridge case is uh a round of ammunition that already has been fired, and it's the cartridge case, uh the part that's left behind or expel expelled by the firearm.

Correct.

Okay, so when you say cartridge cases versus a cartridge, a cartridge is unfired, and so as we go through the slides, he you found 24 cartridge cases, meaning rounds he shot while inside the that's correct.

Thank you if you could continue.

Autopsy, the autopsy was conducted by Dr.

Nathan Schaller.

He determined the cause of death to be multiple gunshot wounds and a manner of death to be homicide, and the toxicology report showed no positive findings.

All right.

And toxicology typically screens for alcohol, various uh drugs that might affect mental state, um, things of that nature.

Correct.

All right.

You know, our victim AM, she was an employee, she was also the victim of assault with deadly weapon.

AM was working the front desk, or she was responsible for checking in members as they arrived at the gym.

AM observed the decedent enter the front doors holding a black long gun.

He held the gun in a downward position as he walked towards the front desk.

AM thought the decedent was joking as he walked behind the front desk and towards her in an employee-only section.

AM addressed the decedent and stated, excuse me, sir, excuse me.

The decedent lifted the firearm and pointed at her and stated, I advise you to hide.

AM informed them that there was a shooter in the business and they needed to hide.

AM turned back towards the door to the manager's office and noticed the decedent enter and point the firearm towards EQ.

EQ got up and told the decedent, don't shoot me, don't shoot, called 911.

The decedent walked out of the office, then EQ took off running as AM attempted to open an interior door to a safe room by pressing the passcode.

Once inside the safe room, she began watching a life feed of the surveillance video.

Am gave the dispatcher information as she was observing as she was observing the life feed from the cameras.

All right.

And um just again to refresh for the audience, EQ is of course the homicide victim.

So the AM is directly interacting with uh the man the seedant killed, but uh you know, shortly before that happened.

That's correct.

All right, thank you.

And if you could, uh, I think you prepared a timeline of really all of the events um that happened at the gym, and if you could walk us through that.

Okay.

At 1333 hours and 14 seconds, the decedent entered the gym carrying a rifle and walked up to the lobby desk.

At 1334, the decedent looked in the manager's office and pointed his rifle at employees.

At 1334 and 16 seconds, the decedent walked through the lobby area to the entrance doors and looked outside.

At 1334 and 36 seconds, the decedent walked back towards the front desk.

At 1334 and 40 seconds, the club manager, EQ, motioned for the decedent to leave.

At 1334 and 47 seconds, EQ was on the phone near the juice bar area as he backed away from the decedent.

At 1334 and 53 seconds, EQ was shot near the juice bar and ran to the gym, followed by the decedent.

At 1334 and 56 seconds, an additional 911 call to dispatch was made regarding a subject with an assault rifle in the business.

The caller heard one shot fired.

At 1334 59, the decedent followed EQ into the gym area and fired multiple shots toward him.

At 1335 and five seconds after shooting EQ, the decedent moved to the main lobby area.

At 1335 and 11 seconds, the decedent shot toward the lobby doors hitting JT.

From 1335 and 16 seconds to 1337 in eight seconds, the decedent was in the juice bar area manipulating his rifle and walking around.

At 1335 and 50 seconds, L VMP units were assigned to the call.

At 1337 and 21 seconds to 1341 and 27 seconds, the decedent was in the lobby area looking through the glass doors.

At 1338 and 33 seconds, medical was advised.

At 1339 and 52 seconds, officers arrived.

At 1341 and 27 seconds, the decedent exited the business with the rifle and shots were fired by officers.

At 1342 and 36 seconds, the decedent was placed in custody by officers.

At 1344 and eight seconds, officers rendered aid.

At 1349 in four seconds, medical arrived on scene.

Now for uh the purpose of this timeline that uh you put together in the slides.

Are you able to these are very precise times you have listed?

So as a starting point, you have uh police uh computer dispatch records, correct?

Yes.

And so those you know the time of everything that's coming in through radio traffic.

Correct.

Um then were you able to obtain surveillance videos from within the business and and the exterior of the business?

Yeah, surveillance video, third-party video, and body camera.

All right, and then there's a process that you as detectives go through, because everybody's surveillance video maybe has a timestamp in determining whether those times are accurate, correct?

And if they're not making the necessary adjustments before you put this in order in a timeline.

Correct.

All right, so any times listed here are either because uh a video source or otherwise was determined to have accurate time, or you were able to adjust that time appropriately.

Correct.

All right.

The following material is uh required to be pro to be presented and may contain graphic images or language.

Bureau discretion is advised as graphic content may be displayed.

You may proceed.

Thanks.

All right, so the first uh video we're going to look at here.

This is a um it's the slide is labeled surveillance footage slash third party video, the surveillance footage or the third party being the business itself, correct?

Correct, and also cell phone video from outside.

All right.

And you were able to uh string that together in consistent with the timeline that you just discussed, correct?

Yes.

All right.

If you could explain also the you'll hear 911 calls start during the video, and it's when EQ calls 911 and we lined it up with him calling.

You'll see him on the phone as well.

So during the incident, the homicide victim is someone who calls 911, correct?

Yes.

And then he will so that call is gonna play in the background at the times proportionate to the video that he's actually on the phone.

Correct.

And when he uh disconnects from the phone, he drops the phone and you're able to hear gunshots.

At that point, he was shot in the hand, he dropped the phone and he continued running.

Okay, and then we can use through other video, we're able to see that he kept running and everything else.

All right, this video will start with the subject on the left side of the screen walking in the front door, and he's gonna approach the uh front desk area where AM is that AM behind the counter, yes.

Two and attack.

The Las Vegas Athletic Club.

Which one?

Uh the Northwest, the one by rainbow.

Okay, what's going on there?

Yeah, I think I saw someone come in with an AR.

Come into the Las Vegas Athletic Club?

Yes.

How many minutes did you see that?

Uh just right now.

Yeah, like right now, right now.

What color gun was that?

That was a black.

Okay.

And you're pretty certain it was?

Was he by himself?

Yes.

I think there's shot.

Oh, medical.

Hello, can you hear me?

Hello.

Hello, anyone there?

Hello?

Hello?

That's the victim who was hit on the back that's on the screen right now?

Correct.

When we recovered his weapon, there was a a jam in the weapon, and we believe he's trying to clear that malfunction, and he's unable to, and he unloads and loads several different magazines.

All right.

And so that's what's happening in what you believe is happening in this particular portion of the video right now.

Correct.

We'll get to that, but you found magazines and various for the firearm in various locations.

Yes.

And he never was able to clear that malfunction.

So what we heard were his last shots inside the gym?

Yes.

The um when the camera that was inside that in interior lobby uh where you said you saw the deceded throw his keys and set down his wallet.

Um he goes in and out a door that we can see in that camera angle.

Does that door go directly into the sidewalk parking lot, or is there another lobby area and another set of doors before you get outside?

There's a small lobby area after that door leading to this exterior door that you see in the video now.

So it's like a double uh entry door set.

Yes.

Okay.

So when he disappears off that camera screen, he's just entering the next little lobby area before the doors to the outside.

Yes.

Okay.

And then the cameras switch to other third party uh party cameras that were uh uh recording from uh outside facing the front entrance to the business.

Yes.

Um the officers, all three that were uh that discharged their weapons, they were all wearing body worn cameras, correct?

Yes.

And did they have their all have their cameras activated during the incident?

Yes.

Okay, if you could please uh show us what you've um isolated from their videos.

Okay, first we have Officer Black's body worn camera.

It'll show him arriving and then proceed with the call.

Is he still inside?

Is he inside?

You got one guy in here.

You got a guy with a long-arrange rifle inside.

Okay.

He went in the bathroom.

There's women in the bathroom.

You need to get to that bathroom because he just went that away with a long range rifle.

I believe he didn't.

Okay.

Okay, right there.

Hey.

Okay, I see him.

I see the coming up.

Get it.

Kate, get cover.

I don't have a shot.

I don't see him.

Okay, yeah, he's at the address.

Kate, get some fucking cover.

He's barricading the door.

I think he is.

Okay.

Kate.

He's right there by the fucking door.

Is that you, Skate?

Is that you?

He's moving.

Okay, hold on.

Hold till, hold tail, hold sale.

Hold still.

Go, let's go.

Hey, hey, hey.

Next we have a slow down uh video of when the deceedant exits the door and you'll see the rifle in his hand.

And here's a screenshot of that with the rifle circled in red.

Next is Officer Javier's body warrant camera.

Officer Javier, he fires one shot through the side window on one of the times when the decedent steps out the first door into the middle lobby area.

He fires one shot at him uh through the glass.

It does not strike the decedent.

Okay, now you get ready to go get away from it.

We got two rifles deployed.

Multiple people are selling us up.

He's still inside.

Okay, right there.

Hey!

One's coming out, one's coming out.

I see him right there.

Yes, he has the front door.

I don't have a shot.

See him in the uh entrance.

One WMA, all black clothing with a rifle.

You dedicate the door?

Okay.

Right there by the fucking door.

Shots fired, shots fired.

That was two William 34.

Still moving.

He's moving.

Oh, let's uh give my ear here.

Let's go, let's go, hands on, hands on.

Next we have Officer Urban's body warrant camera.

They don't know what they don't know.

Hey.

Hey, get covered.

I see him.

He's right there.

He's by the front door.

Yes, he's in the front door.

I don't have a shot.

I don't see him.

Okay, exactly.

I've got cover.

Don't worry.

Hey, he's locking the doors, dude.

I think he is.

We gotta push in, dude.

He's right there by the point.

No, no.

Okay, hold on.

I got him like a holds up.

Let's go.

Let's go.

Shots fired.

Suspect is down.

Suspect is down.

Right.

So Officer Javier, we saw fired that one shot uh through uh the window, correct?

Correct.

Or that broke the window.

Correct.

Um, but that you were able to determine did not strike the decedent, correct?

That's correct.

All right.

So officer Javier from the countdown, we knew he only fired discharged his weapon one time.

That was that discharge.

Yes.

And then the other officers, uh, a total of five rounds were discharged, and those are the ones uh toward the decedent as he comes out from behind the pillar with the rifle.

Correct.

All right.

Next uh crime scene photographs.

The first is an aerial picture of the area.

And during our walkthrough, the officers advised us where they believe they were standing when they fired their weapons.

Officer Javier on that first shot was approximately 28 feet two inches from the decedent when he fired.

Officer Urban was approximately 13 feet nine inches when you fired his weapon, and officer black was approximately 32 feet 11 inches when he fired.

This is uh let me stop you, I apologize.

But just uh those distances, those are measured from the cones we see in the uh photograph, correct?

Correct.

The the cones indicate where the officers believe they were standing.

Right.

So that's from those walkthroughs, which we'll talk about a little bit more in a second.

And then there's a cone to designate where the decedent was standing.

Okay, okay.

Thank you.

This is the window that Officer Javier fired through on that first shot.

As you can see, the next set of doors are still inside.

This is a car that in a parking lot that was uh struck with by gunfire.

This is inside the gym.

These are impacts from the decedent shots.

This is behind the front desk area.

There's cartridge cases there from his fire shots uh when he fired towards the front of the lobby, hitting JT in the back.

This is the gym area.

All the yellow placards indicate shots that were fired by the decedent.

In the lobby, we found a magazine that still had 60 rounds in the magazine.

And the juice bar area, we we found another magazine that had 40 rounds in it.

In this decedent's left pocket, we found a uh magazine with 20 rounds.

And from actually the magazine that was in the rifle, there was 30 rounds in that.

Um let's talk about this a little bit uh more in detail because I know you noted while you were playing the video that detectives believed um the decedent's uh weapon jammed while he was in the you know in the back in the part of the gym where we saw him discharging a lot of rounds, correct?

Yes.

Um, and that uh intervening of that really, the jam of the gun is what stopped continued shooting in that area of the gym.

Yes.

Um, and we saw the decedent manipulating the firearm, sort of pacing back and forth back in uh near where you have the 60 rounds uh in the lobby, and then the 40 rounds in the juice bar.

Those were the areas we saw him uh pacing around trying to manipulate that firearm, correct?

Yes.

And um then he had a course rounds in his pocket.

The rifle itself had an additional 30 rounds that hadn't been utilized, presumably stopped by that jam of the gun.

Yes.

Um that precipitated uh presumably the decedent uh making an exit from the gym.

Of course, this is all from your investigation, and officers who are arriving have no knowledge of any of this type of thing, correct?

That's correct.

They don't know if the if the decedent can continue shooting, if he's you know how many rounds of ammunition he might have or might not have, any of these types of things.

They just uh have the reports of the shooting, and then they can visually see him come out with a rifle, correct?

Yes.

All right, um, if you could continue from there.

This is the decedent's vehicle, which was parked in the west uh part of the parking lot.

This is the decedent's gun.

It it was recovered by patrol officers, and as you can see in the red circle, there is a double feed in there, which is two cartridges are stuck to stuck in the barrel.

Okay, so that's when we say it jammed, the uh the firearm malfunctioned or wasn't cleared properly uh by the by the user, and two rounds ended up in the chamber blocking its functionality.

Correct.

All right, and then inside his vehicle, we found a bag.

Inside the bag was more ammunition, as well as at the uh decedent's residence, he also had more ammunition in his bedroom.

Uh we did the walkthroughs.

Uh the purpose of the scene walkthroughs is to assist crime scene analysts and fit detectives with developing an understanding of the scene, including 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.

Our first walkthrough was Officer Urban.

His walkthrough was led by PPA attorney Charles Goodwin, who asked questions, and Officer Urban would answer yes.

Officer Urban responded to an active shooter.

Officer Urban arrived, deployed his rifle, and set up behind a pillar.

Officer Urban observed the decedent by the doorway holding a rifle.

Officer Urban heard one shot.

The decedent ran out the front door while holding a rifle.

Officer Urban fired his rifle because he feared for his safety.

The other officer's safety and the safety of citizens in the area.

Officer Black, his walkthrough was led by attorney, uh uh PPA attorney Charles Goodwin, who asked questions, and officer black would answer yes.

Officer black responded to an active shooter.

Officer black arrived, deployed his rifle, and set up behind cover.

Officer black observed the decedent's the decedent stick his rifle out of the door twice in officer's direction.

Officer black heard a gunshot.

The decedent ran out the front door with a rifle in his hands.

Officer black fired once because he feared for his safety, the other officer's safety and the safety of citizens in the area.

And Officer Javier, his walkthrough was led by PPA attorney Charles Goodwin, who asked questions, and Officer Javier would answer yes.

Officer Javier responded to an active shooter.

Officer Javier arrived, deployed his rifle, and set up behind a pillar.

Officer Javier observed the decedent point the rifle at him.

Officer Javier fired one time.

Officer Javier fired once because he feared for his safety.

The other officer's safety and the safety of citizens in the area.

All right, thank you, Detective.

That's uh concludes my initial questions.

Okay, they're not after all those part of our question you're shooting.

I asked one.

Okay, thank you very much.

Detective, um, we just watched Spody Cam from the three officers, Officer Javier, Urban, and Black.

Um from watching that and um the report that you did.

Um we know that Officer Javier fired prior to the decedent, Mr.

Ortega leaving um the gym.

Is that correct?

Yes.

Um he fired that shot, um, again with the body cam and the statements that both Officer Urban and Officer Black made, it did appear that they did not know who fired that shot.

Is that correct?

That's correct.

Um Officer Javier's body cam, we can hear radio transmissions on the body cam.

Do you know if the other officers could hear those same radio transmissions that were going on?

I can't speak to that because those officers didn't give us a statement, so I can't say what they heard or did not hear.

Okay.

So when we hear Officer Javier specifically tell um dispatch that he had fired a shot.

That's correct.

Okay.

And through the walkthroughs, the statements that they made through their attorney, as well as the public safety statements that were made, um, it does appear that Officer Urban and Black possibly believed that the deceedant, Mr.

Ortega, had fired a shot.

I'm sorry, I didn't hear that last.

What was the last part of that?

That they believed that the other two officers believed that Mr.

Ortega could have been the person that fired that shot, that first shot.

Yeah, they didn't know who fired it.

So in regards to Officer Javier, again, we can hear the radio dispatch.

Um, and we did hear that there was a possible gun jam uh prior to any shooting.

Do you know if anyone actually heard that?

The decedent's gun?

Yes.

No, they had no way of knowing.

Okay.

That was uh his rifle is located after the fact, and that's when they observed the malfunction in his rifle.

But they didn't know they didn't like the video we saw of him trying to clear his weapon, they had no access to that, and they didn't they had no information that that was going on at the time.

I and my question is because you do actually hear on the radio transmission that there's a possible jam.

Um and you had previously um answered questions in regards to the fact that one of the the ladies that was working there, AM, um, was actually in the um surveillance room with cameras while speaking with 911.

Right.

Do we know how much information she was conveying to dispatch um and or officers while they are arriving on scene?

I don't know what the officers learned from that, but she did convey that there was a shooter in the business and that there was a person down.

Do you know if she kept relaying that information of observing the surveillance videos and what was happening similar to what we watched?

Yes.

I mean, she saw where he was, his movements, stuff like that.

She didn't know what he was doing exactly, but she let them know.

Okay.

Um again, and watching the body worn camera of all three officers, um, we don't hear them convey any commands to the decedent, Mr.

Ortega, um, either while he was in the gym or when he exited.

Um is that is there any sort of metro protocol regarding that?

I believe they didn't give us a statement, so I can't speak to it, but if you look at Officer Javier's distance from when he fired his weapon, that's pretty much where they all were standing when the decedent was in the gym, it's 30 at least 30 feet away, and there was two sets of doors, and they knew that he had fired his weapon inside, and they saw him standing at the door.

So I'm sure at that moment their priority was keeping eye where he was.

But I don't know if it's realistic that the decedent would have heard their commands from outside.

Okay.

Um, but it is fair to say no commands were actually given at any point in time to either come outside, uh, put down the weapon, um, hands up, anything like that.

That's correct.

Yeah, I'm gonna hear that.

So Officer Urban and Officer Black are both uh the officers that shot that hit um the decedent Mr.

Ortega.

Yes.

Okay.

Um and at that time they knew that there was a gunshot and believed it could have been the decedent, Mr.

Ortega.

But in fact, it was not yeah, they they both in their walkthrough said they heard a gunshot.

They didn't designate who they thought fired it.

Okay.

When we looked at um the information regarding the decedent, Mr.

Ortega, um the toxicology had negative results.

Correct.

And upon further questioning, it seems like that means that there was no drugs or alcohol detected in his system at the time.

That's correct.

Okay.

Um there was additional investigation that you and other detectives conducted um regarding Mr.

Ortega in regards to potentially his mental health.

Was there a conclusion that was come to regarding that at this time?

Although we couldn't find any professional diagnosis of the decedent speaking with numerous family and friends, they stated he had been acting differently lately, but did not in a violent manner.

He did not mention he wanted to uh lash out violently towards anybody.

Um in fact, um, in regards to the witness in um what would have been an alleged victim inside AM.

She initially described um the decedent Mr.

Ortega as calm with a mellotone of tone of voice, at least initially.

Yes.

And that uh Mr.

Ortega did not start firing his weapon immediately when he came in or encountered anyone.

That's correct.

Okay.

I think that's all the questions I have.

You have any uh thing, anything?

Just brief follow-up, okay.

If I may uh just to clarify a couple things you just uh were asked about the uh there's no way to know if the officers uh when officer Javier fired uh his weapon could hear the radio traffic.

Um under normal circumstances, patrol officers are looped into the radio traffic, correct?

Correct.

So they have an earpiece in, and that all the officers can communicate via the radio.

That's the normal course of things, right?

Correct.

Now, if somebody's earpiece fell out during this, you you wouldn't know, but generally they can hear and communicate with each other over the radio.

Yes, they can also radio in to all the officers that might be responding as well to dispatch what's going on that they're seeing, observing, hearing, correct?

Yes.

All right, so uh shortly after uh officer Hodier fires his weapon that hits the the glass, um, we hear uh him on his body camera, he reaches for his radio and he says shots fired, shots fired, correct?

Correct.

So that's him taking steps to immediately notify others that there have been gunshots, correct?

Yes.

All right.

And at that point, we see the other officers hide uh behind those, not really hide, but block themselves by those pillars, right?

Yes.

So they that sort of confirms they don't know who necessarily is shooting, correct?

Correct.

Or if it was one of the officers, is there going to be a shooting response from inside the the business, correct?

Correct.

So they're just protecting themselves and uh calculating their next steps, right?

Yes.

All right, and we even heard one of the officers say we're gonna have to push forward, meaning enter the business, correct?

Correct.

Um these types of actor, active shooter situations, that's something that Metro officers go through variety of training for, correct?

Yes.

And and they're tasked with making sure an active shooter doesn't just continue to shoot people inside of a building while officers just stand there and and call them out, correct?

Correct.

Um, and in fact, this uh shooter, the decedent had dozens and dozens of rounds of ammunition that he ultimately wasn't able to use because of a malfunction in his firearm, but he came armed with uh ammunition that uh could have caused uh dramatically more harm than he did, correct?

Yes, uh nothing further, thank you.

Do you have anything further?

No.

Uh with your contact with the family.

Did they present to you or request for from you to present this officer any questions?

Uh did they have any questions they would like to have answered?

I wasn't able to make contact with them.

Um I know that they were uh Metro made contact with them and discussed everything.

I wasn't able to, so I don't have any questions to present from them today.

Okay.

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

Ortega.

Gwen Gerling was appointed by the Clark County Manager as the unbondsman to represent the public and Otega family.

Ms.

Gurling was given an opportunity to ask questions to provide the public with relevant information regarding the use of force in this case.

I was appointed by the Clark County manager as a presiding officer officer to preside over this public review.

I too was given an opportunity to ask questions to provide the public with relevant information regarding the use of force in this case.

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

Gurling, Ms.

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

Otega.

The documents provided by the prosecution are considered public record.

If you miss any of these of this review or would like to obtain a recorded transcript, a video of the entire proceeding is available on the Clark County website at www.clark county nv dot D O V.

That concludes the police fatality public fact finding review into the death of Daniel Ortiga.

Thank you.