LAS VEGAS METROPOLITAN POLICE DEPARTMENT...DOWNTOWN AREA COMMAND (DTAC) 1) Sergeant Shawn Romprey P# 7062 2) Officer Russell Backman P# 6518 3) Officer Earnest Jefferson P# 9385 4)

LAS VEGAS METROPOLITAN POLICE DEPARTMENT

FORCE INVESTIGATION TEAM REPORT CONTINUATION

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LVMPD Internal Oversight & Constitutional Policing Page 2 of 39 Force Investigation Team

I. PERSONS INVOLVED INVOLVED OFFICER Name: Officer Samuel Solorio, P# 5979 Date of Hire: -1998 Area of Assignment: Northeast Area Command (NEAC) Squad: NE21 Call Sign: Shift Hours: 0630-1630 hours Days Off: Wednesday / Thursday / Friday Statement Given to FIT: No Weapon Make: Glock Model: 34 Caliber: 9mm

Serial Number: Vehicle

Year: 2015 Make / Model: Chevrolet Camaro Vehicle ID Number (VIN): Registered Owner:

WITNESS OFFICERS Name: Sergeant David Gifford, P# 6238 Date of Hire: -1999 Area of Assignment: Emergency Operations Bureau (EOB)

Air Support / Search and Rescue Squad: AS32 Call Sign: Vehicle: 5185G Shift Hours: 1300-2300 hours Days Off: Thursday / Friday / Saturday Statement Given to FIT: Yes Name: Officer David Corbin, P# 7941 Date of Hire: -2003 Area of Assignment: Traffic Bureau Squad: TR22 Call Sign: Vehicle: 7497 Shift Hours: 0630-1630 hours Days Off: Wednesday / Thursday / Friday Statement Given to FIT: Yes



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Name: Officer David Delaria, P# 13338 Date of Hire: 7-2008 Area of Assignment: NEAC Squad: NE24 Call Sign: Vehicle: NE10300 Shift Hours: 0630-1630 hours Days Off: Friday / Saturday / Sunday Statement Given to FIT: Yes VICTIMS Name: Uriel Beristain DOB: -1994 Race: Hispanic Height / Weight: 5'9” / 210 pounds Hair / Eyes: Brown / Brown Address: 208 Ronald Lane Las Vegas, Nevada 89110 Phone Number: Employer: Settebello Pizzeria 9350 West Sahara Avenue, #170 Las Vegas, Nevada 89117 Vehicle

Year: 1996 Make / Model: Honda Civic VIN: 2HGEJ6527TH503493 License Plate: 420WTP – Nevada Registered Owner: Victor Ovando-Velazaquez Address: 4025 Del Norte Circle Las Vegas, Nevada 89110

Name: Victor Monsivais DOB: -1971 Race: Hispanic Height / Weight: 5’6” / 185 pounds Hair / Eyes: Black / Brown Address: 3940 Hudson Bay Avenue Las Vegas, Nevada 89110 Phone Number:



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Vehicle Year: 2000 Make / Model: Honda CRV VIN: JHLRD1748YC060981 License Plate: 383XRN – Nevada Registered Owner: Victor Monsivais Address: 3940 Hudson Bay Avenue Las Vegas, Nevada 89110

SUSPECT Name: Gilberto Gutierrez Also Known As (AKA): Fabian Gutierrez Gilbert Lopez Gilberto Lopez-Gutierrez Gilberto Lopez DOB: -1981 SSN: ID: 1694565 Race: Hispanic Height / Weight: 5’8” / 200 pounds Hair / Eyes: Black / Brown Address: 5274 Hagemann Lane, #C Las Vegas, Nevada 89110 Weapon

Make: Jimenez Arms Inc. Model: J.A. Nine Caliber: 9mm Serial Number: Obliterated

Criminal Charges:

Assault with a Deadly Weapon/Firearm on a Protected Person (3 counts)

Possession of Firearm with Obliterated Serial Number

Prohibited Person in Possession of Firearm

Robbery with a Deadly Weapon

Unlawful Possession of Burglary Tools



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II. PERSONS AT THE SCENE The below persons responded to the primary and secondary incident scenes; listed is their identifying information, such as area of assignment, job classification, personnel number, and call sign at the time of the incident. LAW ENFORCEMENT INVESTIGATIONS & ADMINISTRATIVE GROUP

1) Assistant Sheriff Thomas Roberts P# 4589

ADMINISTRATIVE & SCIENCES DIVISION

CRIMINALISTICS BUREAU

CRIME SCENE INVESTIGATIONS 1) Director Randal McLaughlin P# 4170 2) Crime Scene Analyst Supervisor (CSAS) Jeffrey Smink Jr. P# 6556 3) Senior Crime Scene Analyst (SCSA) Shawn Fletcher P# 5221 4) SCSA Bradley Grover P# 4934 5) SCSA Noelle Herring P# 9725 6) SCSA Jocelyn Maldonado P# 6920 7) Crime Scene Analyst (CSA) Debbie Andrews P# 13766

HOMELAND SECURITY DIVISION

EMERGENCY OPERATIONS BUREAU

AIR SUPPORT / SEARCH & RESCUE 1) Sergeant David Gifford P# 6238 2) Officer Paul Lourenco Jr. P# 5564

ARMOR (ALL HAZARDS REGIONAL MULTI-AGENCY OPERATIONS AND RESPONSE)

EMERGENCY MANAGEMENT 1) Officer Richard Bass Jr. P# 6259 2) Officer Patrick Burke P# 7035 3) Officer Jason Moyer P# 7905

K-9 1) Sergeant Eric Kerns P# 4331 2) Officer Scott Murray P# 4147 3) Officer Richard Vorce P# 4055

ORGANIZED CRIME BUREAU CRIMINAL INTELLIGENCE

1) Sergeant Joseph Herring P# 5241



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INTERNAL OVERSIGHT & CONSTITUTIONAL POLICING

1) Captain Mathew McCarthy P# 4431

CRITICAL INCIDENT REVIEW TEAM (CIRT) 1) Lieutenant Kelly McMahill P# 5307 2) Detective Richard Golgart P# 4647 3) Detective Gregory Watkins P# 5471

FORCE INVESTIGATION TEAM (FIT) 1) Lieutenant William Huddler P# 7789 2) Sergeant Jerry MacDonald P# 4660 3) Detective Trever Alsup P# 5782 4) Detective Marc Colon P# 7585 5) Detective Craig Jex P# 5597 6) Detective Brian Kowalski P# 8550 7) Detective Joseph Patton P# 8289

TECHNOLOGY AND SUPPORT DIVISION

PROJECT MANAGEMENT AND VIDEO BUREAU

VIDEO SECTION 1) Forensic Multimedia Analyst Patrick Flynn P# 15144

LAW ENFORCEMENT OPERATIONS GROUP

COMMUNITY POLICING DIVISION 1) Deputy Chief James Owens P# 3409

BOLDEN AREA COMMAND (BAC) 1) Officer Raymond Hall III P# 10070

ENTERPRISE AREA COMMAND (EAC) 1) Detective Damon Young P# 8252

NORTHEAST AREA COMMAND (NEAC) 1) Captain David Lewis P# 4384 2) Lieutenant Daniel Bledsoe P# 6588 3) Lieutenant George Warner P# 6187 4) Sergeant George Donelson P# 6508 5) Sergeant Scott Phillips P# 7552 6) Sergeant Mathew Ruiz P# 6794 7) Sergeant Victor Sabino P# 5469 8) Sergeant Braden Schrag P# 8384 9) Sergeant William Waite P# 4051 10) Detective Jeffery Abell P# 8744



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11) Detective Daniel Emerton P# 9358 12) Detective Michael O’Halloran P# 9626 13) Officer Christine Bodine P# 6057 14) Officer Ingrid Carpenter P# 9669 15) Officer Thomas Carrigy P# 9860 16) Officer Keith Celaya P# 13524 17) Officer David Delaria P# 13338 18) Officer Garrett Escartin P# 9496 19) Officer Josue Esparza P# 9373 20) Officer Eric Fenrich P# 13145 21) Officer Michael Franco P# 13819 22) Officer Michelle Funes P# 10144 23) Officer Anthony Garbutt Jr. P# 7078 24) Officer Latoya Guidry P# 9450 25) Officer Bryan Hatfield P# 14901 26) Officer Steven Hough P# 7814 27) Officer Ion Iliescu P# 9311 28) Officer John Kelly P# 13737 29) Officer Abudhabi Lewis P# 8898 30) Officer Jake Lewis P# 9647 31) Officer Suzana Markovic P# 13477 32) Officer Michael McGinnis P# 4878 33) Officer Antonio Munoz P# 6982 34) Officer Eduardo Nava P# 8449 35) Officer Raymond Novack P# 8408 36) Officer Keith Parker P# 9865 37) Officer William Ramos P# 14899 38) Officer Anthony Rhodes P# 6440 39) Officer Nathan Rivera P# 14872 40) Officer Daniel Rosequist P# 12968 41) Officer Edward Shoemaker P# 5309 42) Officer Charles Smith P# 13800 43) Officer Eric Stafford P# 13642 44) Officer Adria Stout P# 9011 45) Officer Francisco Terriquez P# 10114 46) Officer Jared Wicks P# 8999 47) Officer Walter Young P# 9636 48) Officer Carlos Zamora P# 9217

NORTHWEST AREA COMMAND (NWAC) 1) Officer Kyle Nudelman P# 15037

SOUTHEAST AREA COMMAND (SEAC) 1) Officer Roberto Angulo Jr. P# 8711 2) Officer James Briggs P# 8545



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TOURIST SAFETY DIVISION 1) Deputy Chief Gary Schofield P# 2930

DOWNTOWN AREA COMMAND (DTAC) 1) Sergeant Shawn Romprey P# 7062 2) Officer Russell Backman P# 6518 3) Officer Earnest Jefferson P# 9385 4) Officer Deana Lopez P# 9495 5) Officer Paul Quinteros P# 9055 6) Officer Danielle Sigmund P# 8102 7) Officer William Umana P# 7441 SUPPORT OPERATIONS BUREAU

WATCH COMMANDERS 1) Lieutenant Jeffrey Goodwin P# 5599 2) Lieutenant Troy Barrett P# 4972

TRAFFIC BUREAU 1) Sergeant Michael Lardomita P# 5083 2) Officer Jeffrey Barker P# 8085 3) Officer Kelly Cannon P# 13675 4) Officer David Corbin P# 7941 5) Officer Bradley Smith P# 10059

OFFICE OF THE SHERIFF / UNDERSHERIFF

OFFICE OF PUBLIC INFORMATION (PIO) 1) Sergeant Jeffrey Clark P# 8749 2) Officer Laura Meltzer P# 6428 3) Officer Michael Rodriguez P# 12717

POLICE EMPLOYEE ASSISTANCE PROGRAM (PEAP)

1) Lead Coordinator Luis Tellez P# 5916 2) Peer Counselor Michael Springer P# 6278

CLARK COUNTY DISTRICT ATTORNEY'S OFFICE

1) Assistant District Attorney Robert Daskas COLLECTIVE BARGAINING ASSOCIATIONS

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

POLICE PROTECTIVE ASSOCIATION (PPA)

1) Officer Steve Grammas P# 6090 2) Officer Tom Reid P# 5544



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3) Officer Bryan Yant P# 6956 4) Attorney David Roger

MEDICAL PERSONNEL

LAS VEGAS FIRE & RESCUE 1) Rescue 108

III. INCIDENT DETAILS On 01-26-2016, at approximately 1430 hours, Uriel Beristain was inside his residence at 208 Ronald Lane when he heard his vehicle’s engine start. The vehicle was parked in the driveway of his residence and no one besides Beristain used it. Beristain exited the residence and saw an unknown person, later identified as Gutierrez, sitting in the driver’s seat. Beristain approached the vehicle and Gilberto Gutierrez locked the door. Gutierrez removed a firearm from his waistband. Beristain backed away and Gutierrez drove the vehicle out of the driveway. Gutierrez began to leave the neighborhood and Beristain attempted to jump on the back of the vehicle. Beristain was unable to get on the vehicle and tore the rear spoiler off the vehicle. Beristain went back inside his residence and told his mother, Neye Bernardo, that someone had stolen his vehicle. Bernardo utilized her vehicle in an attempt to located Beristain’s vehicle. Beristain called 911 to report his vehicle stolen. Bernardo located Gutierrez driving Beristain’s vehicle at the intersection of Marion Drive and Bonanza Road. Bernardo followed Gutierrez and called Beristain updating him with their location. Officer Abudhabi Lewis was dispatched and arrived at Beristain’s residence at approximately 1437 hours. Officer Lewis broadcast the vehicle’s location over the radio and officers began to respond to the area to locate it. Bernardo lost sight of Gutierrez at the intersection of Lake Mead Boulevard and Pecos Road. A short time later Officer Christine Bodine saw the vehicle at the intersection of Marion Drive and Washington Avenue. Gutierrez drove through the intersection against a red light and fled from the area. The Air Unit located the vehicle and updated its location over the radio. Officer Keith Parker deployed Stop Sticks at the intersection of Owens Avenue and Pecos Road. Gutierrez drove over the Stop Sticks and the front driver side tire was deflated. Gutierrez continued to drive south on Pecos Road approaching the intersection at Bonanza Road. Officer David Corbin drove north on Pecos Road and saw Gutierrez driving south in the northbound lanes. Officer Corbin drove in the northbound shoulder to avoid Gutierrez as he drove south. Gutierrez attempted to turn east on Bonanza Road but lost control of the vehicle. The vehicle collided with a wall on the southeast corner of Bonanza Road and Pecos Road. Gutierrez exited the vehicle and fled on foot southeast across the parking lot of the 7-Eleven at 3501 Bonanza Road. Officer Corbin followed on his motorcycle and saw Gutierrez was holding a firearm in his right hand. Gutierrez ran through the parking lot and pointed the firearm at



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Officer Corbin as he pursued on his motorcycle. Gutierrez climbed over a wall into the residential area to the south. Officer Corbin exited the parking lot and drove to the 3600 block of Asbury Hill Avenue in an attempt to locate Gutierrez. At approximately the same time, Officer Solorio was traveling in the area in his personal vehicle. Officer Solorio was wearing his patrol uniform but his duty belt, which contained his firearm and radio, were on the passenger seat. Officer Solorio was monitoring the radio traffic and turned onto Asbury Hill Avenue after Officer Corbin. As Officer Corbin traveled east on Asbury Hill Avenue, the Air Unit broadcast that Gutierrez was next to him. He saw Gutierrez exit between two residences on Asbury Hill Avenue and ran south. Gutierrez was holding the firearm with both hands and his arms extended out from his body. Officer Corbin made a hard U-turn on his motorcycle and drew his firearm. Officer Corbin heard two gunshots and believed Gutierrez had shot at him. As he completed his U-turn, Officer Corbin saw Gutierrez standing in front of a black Chevrolet Camaro, driven by Officer Solorio, in the middle of Asbury Hill Avenue. The Camaro had two gunshot impacts in the front windshield. Officer Solorio exited the Camaro. Gutierrez walked away from the vehicle and then fell to the ground. Officers arrived and Gutierrez was taken into custody. Paramedics were requested and responded. Gutierrez was transported to UMC Trauma Center for treatment. Notifications were sent out reference the officer-involved shooting, and FIT detectives responded to the scene. Upon arrival of investigators, Detective Emerton conducted a briefing. The following persons were present: 1) Deputy Chief Owens 2) Captain McCarthy 3) Lieutenant Barrett 4) Lieutenant Huddler 5) Lieutenant McMahill 6) Sergeant Baker 7) Sergeant Clark 8) Sergeant Donelson 9) Sergeant Herring 10) Sergeant MacDonald 11) Sergeant Ruiz 12) Sergeant Waite 13) Detective Abell 14) Detective Alsup 15) Detective Colon 16) Detective Fasulo 17) Detective Golgart 18) Detective Jex 19) Detective Kowalski 20) Detective O’Halloran 21) Detective Patton



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22) Detective Watkins 23) Officer Rodriguez 24) Director McLaughlin 25) SCSA Fletcher Following the briefing, Detective Kowalski was assigned the responsibility of documenting the crime scene with crime scene analysts. Detectives Alsup, Colon, Jex, Patton, and Young were assigned to interview available witnesses and conduct weapon countdowns. IV. BODY WORN CAMERAS Several officers uploaded body worn camera footage taken during this event. None of the footage captured the officer-involved shooting. The video footage was uploaded and stored in evidence. The following is a list of officers who uploaded videos related to this event and a summary of the footage captured:

Officer Description of Video

Escartin Officer Escartin followed Gutierrez’s vehicle southbound Pecos Road from westbound Owens Avenue. The vehicle was smoking. Gutierrez crashed and fled from his car. Officer Escartin pursued on foot and then moved his vehicle to 3420 Asbury Hill Avenue and took over monitor officer responsibilities for Officer Solorio.

Hatfield Crime scene preservation / interaction with the public / traffic control

Lewis Interaction with Beristain prior to the OIS

Rivera Transported Gutierrez to the Clark County Detention Center (CCDC)

V. HOSPITAL On 01-26-2016, at approximately 1653 hours, Detectives Colon and Patton responded to UMC Trauma Center. Detectives met with Officer Rivera who was standing by with Gutierrez. Officer Rivera said that Gutierrez made no statements to him. Detective Patton spoke with Gutierrez and Gutierrez did not wish to make any statement to detectives. SCSA Grover responded and photographed Gutierrez for identification and condition. Gutierrez had an apparent gunshot wound through his upper left arm and into his upper left back. SCSA Grover did not impound any items at the hospital. VI. SCENE WALK-THROUGHS The purpose of the scene walk-through is to help investigators develop an understanding of the scene, including identifying officer locations at the time deadly force was used, identifying potential physical evidence, and re-creating a timeline of the incident. Officer Delaria On 01-26-2016, at approximately 1702 hours, Officer Delaria provided a walk-through of the scene in the presence of the following persons:



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Lieutenant Huddler 1) Detective Alsup 2) Detective Kowalski 3) Director McLaughlin 4) CSAS Smink 5) LVPPA representative Steve Grammas 6) LVPPA attorney David Roger

During the walk-through, which was not video or audio recorded, Officer Delaria relayed the following information: Officer Delaria drove south on Reef Drive past Asbury Hill Avenue. He heard the Air Unit broadcast that Gutierrez was running from in between two houses near a traffic unit on Asbury Hill Avenue. Officer Delaria drove west on Asbury Hill towards a black Camaro parked in the street. Officer Delaria saw bullet holes in the windshield of the Camaro and thought the suspect had fired. Officer Delaria saw Gutierrez fall to the ground near the front of the Camaro. Officer Delaria did not know the Camaro belonged to Officer Solorio. He believed Gutierrez was attempting to carjack the driver of the Camaro. Officer Corbin On 01-26-2016, at approximately 1720 hours, Officer Corbin provided a walk-through of the scene in the presence of the following persons:

1) Lieutenant Huddler 2) Detective Alsup 3) Detective Kowalski 4) Director McLaughlin 5) CSAS Smink 6) LVPPA representative Steve Grammas During the walk-through, which was not video or audio recorded, Officer Corbin relayed the following information: Officer Corbin was at Bonanza Road and Pecos Road and saw Gutierrez’s vehicle smoking. Gutierrez was traveling south in the northbound lanes. Officer Corbin was forced to hug the curb to avoid being struck by Gutierrez. Gutierrez struck the pony wall on the southeast corner in front of the 7-Eleven and fled from the vehicle. Officer Corbin followed on his motorcycle and thought Gutierrez was running into the business. Gutierrez jumped over the wall and Officer Corbin drove into the residential neighborhood to the south. Officer Corbin traveled east on Asbury Hill Avenue and saw Gutierrez walking south between the houses. Officer Corbin drove past him and made a U-turn. As he turned, he heard two (2) gunshots. He saw a black car and an officer in a tan uniform exiting it.



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Officer Solorio On 01-26-2016, at approximately 1735 hours, Officer Solorio provided a walk-through of the scene in the presence of the following persons:

1) Lieutenant Huddler 2) Detective Kowalski 3) Director McLaughlin 4) LVPPA attorney David Roger During the walk-through, which was not video or audio recorded, Officer Solorio relayed the following information: Officer Solorio was seated in the driver’s seat of his personal vehicle. He saw Officer Corbin making a U-turn farther east on Asbury Hill Avenue. Gutierrez was running towards Officer Solorio’s vehicle with a gun in his hand. Officer Solorio was in fear for his life and the life of Officer Corbin. VII. PUBLIC SAFETY STATEMENT (PSS) On 01-26-2016, at approximately 1720 hours, Detective Jex interviewed Sergeant Waite in reference to the PSS he obtained from Officer Solorio. Below are the questions asked by Sergeant Waite, with the answers provided by Officer Solorio in italics.

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

Northeasterly direction where the suspect was still lying. b) Approximately where were you located when you fired?

In his driver’s seat of my car. c) How many shots do you think you fired?

Three (3) shots.

2) Is anyone injured? Yes. a) If so, where are they located?

The suspect laying next to my car.

3) Are there any outstanding suspects? No. a) If so, what is their description?

Not applicable / not asked. b) What direction and mode of travel?

Not applicable / not asked. c) How long have they been gone?

Not applicable / not asked.



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d) What crime(s) have they committed? Not applicable / not asked.

e) What type of weapon do they have? Not applicable / not asked.

4) Is it possible the suspect fired rounds at you? I am not sure if the suspect fired at me. He was not sure if the suspect fired at him. a) If so, what direction were the rounds fired from?

From where the guy was standing when I shot at him. b) How many shots do you think the suspect fired?

I’m not sure if he fired any. He wasn’t sure if he fired any. c) Approximately where was the suspect located when they fired?

If any shots were fired from the suspect, it would have been exactly from where he had fallen to the ground.

5) Do you know if any other officers discharged their firearms? No. a) If so, who are they?

Not applicable / not asked. b) Approximately where was the officer(s) located when they fired?

Not applicable / not asked.

6) Are there any weapons or evidence that needs to be secured/protected? The suspect’s gun. Also, the officers that had taken the suspect in custody had removed a knife that was near him. Also, my backup revolver. a) If so, where are they located?

[The suspect’s gun and knife] Laying next to where he was handcuffed; [Officer Solorio’s backup revolver] inside my POV [personally owned vehicle].

7) Are you aware of witnesses? Officer Dave Corbin. a) If so, what is their location?

At the scene still. During the shooting Officer Corbin was just east of me. VIII. OFFICER WEAPON COUNTDOWNS On 01-26-2016, a countdown was conducted on Officer Solorio’s weapon at LVMPD headquarters. Officer Solorio was photographed as he was dressed at the time of the shooting. SCSA Grover photographed his duty weapon and personal bag. Officer Solorio was wearing his duty uniform but had taken off his duty belt containing his duty weapon. The duty belt had been placed on the front passenger seat of his vehicle. As the countdown began, Detective Jex asked Officer Solorio how many cartridges were in the magazine inside his duty weapon. LVPPA attorney David Roger stated that Officer Solorio would not answer the question. Detective Jex asked Officer Solorio if he had conducted a tactical reload or a speed reload during the incident. LVPPA attorney David Roger stated Officer Solorio had invoked his right to remain silent and would not answer any further



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questions. The countdown was stopped and Officer Solorio’s duty belt, duty weapon, and personal bag were frozen until a search warrant could be obtained. A search warrant was obtained from Judge Tobiasson [See Section IX Search Warrants for details] and the countdown was completed under the direction of the search warrant. Officer Solorio The following persons were present during the countdown: 1) Officer Solorio 2) Detective Iacullo 3) Detective Jex 4) Detective Watkins 5) PEAP coordinator Luis Tellez 6) PEAP peer counselor Michael Springer 7) SCSA Grover Officer Solorio was dressed in a standard LVMPD long sleeve uniform. He wore LVMPD patches on each shoulder and an LVMPD badge over his left breast. Officer Solorio was not wearing his duty belt with attached tools and equipment and carried his belt into the conference room. Officer Solorio’s handgun was secured in the holster attached to his duty belt. It was unknown how many rounds were in the magazine of the firearm prior to the officer-involved shooting. The below listed information was obtained following the service of the search warrant.

Make Glock

Model 34

Serial Number

Caliber 9mm

Weapon Mounted Light No

Ammunition Speer 9mm Luger +P

Cartridge in Chamber Yes

Magazine from Weapon Capacity: 17 cartridges

Countdown: 14 cartridges

Spare Magazine #1 Capacity: 17 cartridges


Spare Magazine #2 Capacity: 17 cartridges


At the completion of the countdown, it was determined Officer Solorio’s firearm was missing three (3) cartridges from the maximum amount possible. When compared with the evidence at the scene, it was determined Officer Solorio fired three (3) times. Officer Solorio’s firearm, magazines, cartridges, duty belt, and equipment were photographed and impounded by SCSA Grover.



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IX. SEARCH WARRANTS A telephonic search warrant was obtained by Sergeant MacDonald from Judge Tobiasson for Officer Solorio’s vehicle, a 2015 Chevrolet Camaro, VIN , Nevada license place , and epithelial cells from the mouth of Gilberto Gutierrez. The following personnel served the search warrant on the vehicle and documented the results: 1) Sergeant MacDonald 2) Detective Kowalski 3) CSAS Smink 4) SCSA Herring 5) SCSA Maldonado 6) CSA Andrews SCSA Maldonado photographed the vehicle prior to and during the execution of the search warrant. The following items were photographed and impounded as part of the search warrant: 1) Two (2) bullet fragments 2) Three (3) expended cartridge cases with “SPEER 9mm LUGER +P” headstamp Detectives Alsup and Jex served the search warrant at CCDC and obtained a buccal swab from the mouth of Gutierrez. A second search warrant was obtained by Sergeant MacDonald from Judge Tobiasson for Officer Solorio’s duty belt and personal bag. The following personnel served the search warrant and documented the results: 1) Detective Jex 2) Detective Patton 3) SCSA Grover The following items were photographed and impounded as part of the search warrant: 1) Three (3) seventeen (17) round Glock 34 magazines 2) Forty-nine (49) 9mm cartridges (Speer Luger +P) 3) One (1) Glock 34 handgun 4) One (1) duty belt with assorted equipment holders 5) One (1) OC spray 6) One (1) Streamlight flashlight 7) Two (2) sets of handcuffs 8) One (1) expandable straight baton 9) One (1) Taser with cartridge SCSA Grover took overall photographs of the listed items. All items were then impounded.



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X. DESCRIPTION OF THE SCENE AND VISIBLE EVIDENCE Multiple crime scenes and locations were processed by Criminalistics personnel, to include:

Officer Solorio’s vehicle, 2015 Chevrolet Camaro, Nevada license plate , and the immediate scene located in front of 3620 Asbury Hill Avenue.

The 1996 Honda Civic, Nevada license plate 423WTP, located at 3501 East Bonanza Road.

The 2000 Honda CRV, Nevada license plate 383XRN, located at 76 Chelseann Street.

The scene at 208 Ronald Lane.

UMC Trauma Center, 1800 West Charleston Boulevard, to document Gutierrez’s injuries.

LVMPD Headquarters, 400 South Martin Luther King Jr. Boulevard, building C, to document Officer Solorio’s firearm and duty belt.

Ed Bozarth Chevrolet, 5501 Drexel Road, from Officer Solorio’s vehicle, to document fragments recovered by mechanics.

Multiple CSAs documented the various scenes and evidence recovered. Portions of their reports follow in italics. Non-italics/bracketed words inside the scene descriptions were added by Detective Kowalski. See the original, corresponding Crime Scene Investigation Report for the complete details. 3620 Asbury Hill Avenue



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The scene location was a residential area on Asbury Hill Avenue (an east/west roadway) that extended east from Pecos Road. Numerous two-story south facing residences were located along the north side of the roadway, to include 3620 Asbury Hill Avenue. The north perimeter walls of the north backyard areas to the residences were adjacent to a business complex. Vehicle #1 [Officer Solorio’s vehicle] was parked in the roadway, south of 3620 Asbury Hill Avenue, facing east, with the front driver door in an open position. A .38 caliber Smith & Wesson revolver firearm containing five cartridges with headstamp “SPEER 38 SPL +P” in the cylinder was located on the front driver seat. A bullet fragment (Item 4) and one (1) cartridge case with headstamp “SPEER 9mm LUGER +P” (Item 5) were on the front driver side floorboard. A citation book, posse box, food items, and miscellaneous clothing were located throughout the front passenger seat and floorboard. A bullet fragment (Item 7) and one (1) cartridge case with headstamp “SPEER 9mm LUGER +P” (Item 8) were on the rear driver side floorboard. A child safety seat and one (1) cartridge case with headstamp “SPEER 9mm LUGER +P” (Item 6) were located on the rear seat of the vehicle, at the passenger side. A 9mm “Jimenez Arms” semi-automatic firearm with an obliterated serial number (Item 1) was located in the roadway, south of 3620 Asbury Hill Avenue, and north of vehicle #1. A firearm magazine containing seven (7) cartridges (Item 1A) was inserted in the aforementioned firearm. The slide of the firearm was in a forward/closed position, and the chamber was empty. The following items were located in the roadway, south of 3620 Asbury Hill Avenue, and north of the above described firearm: one (1) pair of black sunglasses (Item 9), one (1) closed folding knife (Item 10), one (1) damaged nail clipper key ring with an attached “Honda” key and gold colored key (Item 11), one (1) white metal letter opener with an overall approximate length of 4.5” (Item 12), and one (1) black “Nautica” wallet (Item 13). A SIM card, RTC bus pass, and “Auto Zone” receipt, a metal token, a “Georgia Certificate of Title”, additional miscellaneous pieces of paper, and U.S. paper and coin currency totaling $20.01 (Item 17) were located inside the wallet. A pile of clothing to include one (1) black “A4) short sleeve shirt bearing medical cuts, apparent blood, with one (1) defect in the left shoulder (Item 19), one (1) pair of camouflage shorts with an attached yellow belt, bearing medical cuts (Item 20), one (1) pair of blue jean pants with an attached belt bearing medical cuts (Item 21), and two (2) white “K-Swiss” tennis shoes (Item 22-23) were located in the roadway, south of 3620 Asbury Hill Avenue, and east of the above described belongings and semi-automatic firearm. The following items were also among the pile of clothing: two (2) cartridges with headstamp “FC 9mm LUGER” (Item 2-3), two (2) screwdriver bits (Item 14), one (1) white metal ring and two (2) pendants (Item 15), one (1) yellow metal necklace bearing apparent blood (Item 16), and U.S. paper and coin currency totaling $3.57 (Item 18). Vehicle #2 (Officer Corbin’s vehicle) was adjacent to the south curb of Asbury Hill Avenue south east of Vehicle #1, and facing west.



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Trajectory A bullet hole (A1-interior/A2-exterior) was located in the windshield of vehicle #1. A2 measured approximately 13.5” down from the top edge of the windshield, and 8.5” towards center from the front driver side edge of the windshield/door frame pillar. A bullet hole (B1-interior/B2-exterior) was located in the windshield of vehicle #1. B2 measured approximately 16.5” down from the top edge of the windshield, and 8” towards center from the front driver edge of the windshield/door frame pillar. A bullet penetrated the interior dashboard (C) of vehicle #1. The penetration measured approximately 14” from the front extended edge of the dashboard at the driver side, and 5.5” towards center from the driver side door frame pillar. Evidence Recovered Reference Point (RP) was the southeast corner of the residence at 3116 Asbury Hill Avenue.

Description of Evidence Location of Recovered Evidence

Package 1

Item #1 One (1) Jimenez Arms Inc., Las Vegas Nevada, USA, 9mm semiautomatic handgun, model J.A. Nine, serial number obliterated, silver/black with a 3 ¾” barrel.

On the ground, in the street, in front of 3620 Asbury Hill Avenue, approximately 40’ south and 17’9” east of the RP.

Item #1A One (1) magazine (unknown brand and capacity) and seven (7) cartridges; one (1) with “N CCI R 9mm Luger” headstamp, one (1) with “PMC 9mm Luger” headstamp, one (1) with “WC 12” headstamp, and three (3) with “F C 9mm Luger” headstamps.

Inside the magazine well/receiver of Item #1.

Package 2

Item #2 One (1) cartridge with “F C 9mm Luger” headstamp.

On the ground, in the street, in front of 3620 Asbury Hill Avenue, approximately 26’7” south and 24’1” east of the RP.

Item #3 One (1) cartridge with “F C 9mm Luger” headstamp.


Package 3

Item #4 One (1) bullet fragment. On the driver side front floor of Officer Solorio’s vehicle.



Event: 160126-2423



Item #5 One (1) expended cartridge case with “Speer 9mm Luger +P” headstamp.

On the driver’s side front floor of Officer Solorio’s vehicle.


On the driver’s side rear floor of Officer Solorio’s vehicle.

Item #7 One (1) bullet fragment. On the driver’s side rear floor of Officer Solorio’s vehicle.


On the driver’s side rear floor of Officer Solorio’s vehicle.

Package 4

Item #9 One (1) pair of black sunglasses (unknown brand).


Item #10 One (1) Ozark Trail folding knife with a 3 ½” blade.

Same as Item #9.

Item #11 One (1) broken Las Vegas nail clipper key ring with a Honda key and gold colored key.

Same as Item #9.

Item #12 One (1) white metal letter opener, approximately 4 ½” long.

Same as Item #9.

Item #13 One (1) black Nautica wallet containing a SIM card labeled “T”, RTC bus pass dated 01-25-16, AutoZone receipt dated 01-25-16, yellow metal token, miscellaneous pieces of paper, and a Georgia Certificate of Title for a 1999 Honda Civic, VIN 1HGEJ6127XL042942, bearing the name Artemis Marques Ludgood, issued 04-29-15.

Same as Item #9.

Package 5

Item #14 Two (2) screwdriver bits. On the ground, in the street, in front of 3620 Asbury Hill Avenue, approximately 26’7” south and 22’10” east of the RP.



Event: 160126-2423



Package 6

Item #15 One (1) white metal ring with numerous gold colored stones, one (1) white metal diamond shaped pendant with two (2) clear stones, and one (1) white metal Class of 2001 pendant with one (1) clear stone on the front and “WE’RE THE 1” and “TJK” on the back.

Same as Item #14.

Package 7

Item #16 One (1) yellow metal necklace with apparent blood.

Same as Item #14.

Package 8

Item #17 $20.01 in US currency. Inside Item #13.

Item #18 $3.57 in US currency. Same as Item #14.

Package 9

Item #19 One (1) cut, black A4 short sleeve shirt, size unknown, with apparent blood and a defect in the upper left shoulder adjacent to the sleeve.


Package 10

Item #20 One (1) pair of cut, green camouflage SF shorts, size 40, with a cut yellow belt.

Same as Item #19.

Item #21 One (1) pair of cut Levi Strauss & Co. blue jeans, size 38x32, with a cut black belt.

Same as Item #19.

Item #22 One (1) white K-Swiss tennis shoe, size 11 (right shoe).


Item #23 One (1) white K-Swiss tennis shoe, size 11 (left shoe).

On the ground, in the street, in front of 3620 Asbury Hill Avenue, approximately 27’3” south and 27’ east of the RP.



Event: 160126-2423


3501 East Bonanza Road The scene was located in the east half of the intersection of Pecos and Bonanza. Tiremarks and a fluid trail were visible in the northbound #1 & #2 lanes of Pecos just north of Bonanza and leading southbound to the rear of vehicle #1 [Honda Civic]. Vehicle #1 was stopped in a southeasterly direction at the southeast corner. The front tires were on the sidewalk and the rear tires were on the street. The left front tire was flat, damage was observed to the front bumper, and white paint transfer was visible on the front bumper at both corners. The driver’s door was open and unlocked with the window halfway down. The right front, right rear, and left rear doors were closed and locked with the windows up. The steering column and ignition were intact, no keys were present for the vehicle, the stick shift was in neutral, and no forced entry was observed. A shaved Toyota key and a key fob were lying on the right front seat. A green neon backpack was lying on the right front floorboard. The backpack contained numerous items to include: red cloth gloves; black/neon green gloves; a pair of blue scissors; an air freshener container; a pack of Newport cigarettes; a black purse; a black drawstring bag; keys and reward cards; and a blanket. The remaining items in the backpack were later identified by victim Victor Moncivais at the 76 Chelseann location as belonging to him. A grey long sleeve hooded jacket with a lighter and cell phone in the pockets was lying across the driver’s seat. DMV and insurance papers for the vehicle in the name of Victor Ovando-Velazquez and a paystub in the name of Uriel Beristain were found in the glove box. Digital images were captured showing address location; the scene as described above; views of reported path of travel of vehicle #1 (southbound down the northbound lanes of Pecos approaching Bonanza and leading to the rear of vehicle #1); and the trunk of a patrol car with incident information written on it [LVMPD vehicle NE10424]. The neon green backpack was recovered but later returned to the victim at 76 Chelseann; however, the red gloves, black/green gloves, scissors, air freshener, cigarette pack, black purse, black bag, keys, and blanket were recovered from the backpack and impounded by evidence. The shaved Toyota key/fob and jacket with cell phone and lighter were recovered and impounded as evidence.


Package 1

Item #1 One (1) gray long sleeve hooded zip up jacket with stripes at the waistband and cuffs (MJC brand, size XXL), and a blue lighter in the right front pocket

On the driver’s seat of the 1996 Honda Civic bearing Nevada license plate 420WTP

Package 2

Item #2 One (1) Motorola Verizon smartphone with a blue/black case

From the left front pocket of item #1



Event: 160126-2423



Package 3

Item #3 One (1) shaved Toyota key and a key fob From the right front seat of the 1996 Honda Civic bearing Nevada license plate 420WTP

Package 4

Item #4 One (1) pair of red cloth gloves, one (1) pair of black/neon green gloves, one (1) pair of blue scissors, one (1) air freshener container (empty), one (1) pack of Newport cigarettes with five (5) cigarettes, one (1) black purse, one (1) black drawstring bag with B Makowsky label, and one (1) red/green/cream/gray plaid blanket

From the neon green backpack on the right front floorboard of the 1996 Honda Civic bearing Nevada 420WTP

Package 5

Item #5 One (1) Toyota key and one (1) house key on a ring with a black strap, one (1) Nissan key, and a peace keychain with a Smith’s Rewards card (#450833557934) and a Royal Crown Club card (#6006499960649896069)

Same as item #4

76 Chelseann Street Vehicle #2 [Honda CRV] was parked in the cul-de-sac in a northwesterly direction along the curb northwest of the residence. The doors were closed and the windows were up. The right doors were unlocked and the left doors were locked. No forced entry was observed and there was a sun visor in the windshield. The steering column and ignition were intact and no keys to the vehicle were present. Miscellaneous items were strewn about the vehicle including dishes, tools, a car battery, and a vacuum. Digital images were captured showing address location and the vehicle for location, identification and overall interior and exterior condition to include content. Latent print processing was conducted with negative results. Items identified by the victim, Victor Moncivais (DOB -71), as not belonging to him including the installed stereo, were recovered by Patrol Officer Nava P# 8449. The neon green backpack/contents from vehicle #1, excluding the aforementioned impounded items, were identified by the victim as belonging to him. The items were returned to the victim by Detective Alsup and he was photographed with the backpack containing the items.



Event: 160126-2423


208 Ronald Lane Digital images were captured showing address location; the street and driveway area; and a blue spoiler in the front yard by the tree. Ed Bozarth Chevrolet – 5501 Drexel Road The above listed vehicle [Officer Solorio’s vehicle] was located in the service garage in the southwest corner. The windshield, dashboard, and numerous other vehicle parts were around the vehicle. Bullet fragments were located in the body control module which is located to the right of the steering column. Digital images were captured showing address location and overall condition/location of evidence recovered. The bullet fragments were recovered and impounded as evidence. Evidence Recovered


Package 1

Item #1 Bullet fragments From the hands of Tom Milroy, mechanic for Ed Bozarth Chevrolet, from the body control module in Officer Solorio’s vehicle

THIRD PERSON VIDEO AND PHOTOGRAPHIC EVIDENCE Forensic Multimedia Analyst Flynn responded to the below described locations and obtained video surveillance. The following is a summary of the video footage obtained. The times listed for each video summary were taken from the video footage and may not correspond with each other or be accurate. For the full video footage, refer to the case file. 76 Chelseann Street The camera was affixed to the west side of 76 Chelseann Street, pointed to the west, and captured a view of the cul-de-sac and a portion of the intersection of Chelseann Street and Sunrise Avenue. The homeowner, Maria Teresa Carrilo, signed a Consent to Search Card giving Forensic Multimedia Analyst Flynn permission to recover the video surveillance files from her computer.



Event: 160126-2423


01-26-2016

Time (hours)

Description of Event / Action

02:27:39 PM A white Honda CRV entered the frame from the north and traveled south on Chelseann Street. The vehicle traveled around the cul-de-sac and parked on the northeast side facing north.

02:31:02 PM The driver’s door of the CRV opened.

02:31:16 PM The driver exited the vehicle wearing a dark shirt, dark pants, and white shoes, and was carrying a light colored backpack.

02:31:29 PM The driver walked north on Chelseann Street and then west on Sunrise Avenue.

02:32:04 PM The driver exited the frame walking west on Sunrise Avenue.



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7-Eleven, 3501 East Bonanza Road The camera was affixed to the ceiling inside the front doors of the 7-Eleven and faced west, capturing the interior of the store adjacent to the front entrance, a portion of the parking lot, and Pecos Road.

01-26-2016

Time (hours)


02:50:38 PM An unknown witness entered the 7-Eleven and looked back to the northwest at the location where Gutierrez crashed.

02:50:44 PM Gutierrez ran south past the front of the 7-Eleven.

02:50:47 PM Officer Corbin drove south through the parking lot with his lights engaged in pursuit of Gutierrez.



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Event: 160126-2423


3640 Asbury Hill Avenue The camera was affixed to the front of the residence and pointed to the west at a downward angle. It captured the driveway of the residence and a portion of Asbury Hill Avenue. The homeowner, Anita Flores, signed a Consent to Search Card giving Forensic Multimedia Analyst Flynn permission to recover the video surveillance files from her computer.

01-26-2016

Time (hours)


02:07:01 PM Officer Corbin was seated on his motorcycle. The lights were engaged and the motorcycle was parked facing north at the west end of the driveway of 3640 Asbury Hill Avenue. Officer Corbin got off the motorcycle and ran westbound out of the frame.

02:07:33 PM Officer Delaria ran in the street through the frame from the east to the west.

02:08:34 PM Officer Corbin walked back to his motorcycle, got on, and drove out of the frame.

3591 East Bonanza Road Detectives made contact with Faith Fish, firm administrator of the Willick Law Group, 3591 East Bonanza Road. The business maintained the surveillance system for the building. Fish



Event: 160126-2423


informed detectives the cameras were focused on the immediate property and not those adjacent to them. PERSONS CONTACTED The following persons were contacted reference their knowledge of the facts and circumstances related to the incident: LVMPD OFFICERS / PERSONNEL Sergeant William Waite Date of Hire: -1991 Area of Assignment: NEAC Squad: NE23 Call Sign: Shift Hours: 0630-1630 hours Days Off: Saturday / Sunday / Monday Obtained the PSS from Officer Solorio Officer Josue Esparza Date of Hire: -2006 Area of Assignment: NEAC Squad: NE24 Call Sign: Vehicle: NE10732 Shift Hours: 0630-1630 hours Days Off: Friday / Saturday / Sunday Witness officer; provided an audio recorded interview Officer Keith Parker Date of Hire: -2007 Area of Assignment: NEAC Squad: NE24 Call Sign: Vehicle: 10033 Shift Hours: 0630-1630 hours Days Off: Friday / Saturday / Sunday Witness officer; provided an audio recorded interview Officer Edward Shoemaker Date of Hire: -1996 Area of Assignment: NEAC Squad: NE23 Call Sign: Vehicle: 10484 Shift Hours: 0630-1630 hours Days Off: Saturday / Sunday /Monday



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Witness officer; provided an audio recorded interview Officer Francisco Terriquez Date of Hire: -2008 Area of Assignment: NEAC Squad: NE23 Call Sign: Vehicle: 1721 Shift Hours: 0630-1630 hours Days Off: Saturday / Sunday / Monday Witness officer; provided an audio recorded interview CIVILIANS Neye Bernardo DOB: -1974 ID: Address: 208 Ronald Lane Las Vegas, Nevada 89104 Phone Number: Beristain’s mother; spoke with detectives XI. INVESTIGATION Officer Samuel Solorio Per LVMPD Policy 6/002.04, Post Use of Force Procedures, an involved officer may provide a recorded statement to FIT investigators. If given, involved officer statements are taken at least forty-eight (48) hours after the incident unless waived by the involved officer.

Lieutenant Huddler contacted the Las Vegas Police Protective Association and was informed Officer Solorio would not provide a statement to FIT investigators.

K-9 Article Search Summary On 01-26-2016, at approximately 1610 hours, an article search for evidence was conducted by K-9 Officer Scott Murray utilizing his dog, Beer. The area was searched beginning at 3632 Asbury Hill Avenue. No items were located. Sergeant Dave Gifford On 01-26-2016, at approximately 1645 hours, Detective Jex conducted an audio recorded interview with Sergeant Gifford at the intersection of Pecos Road and Asbury Hill Avenue. The following is a summary of the interview; for complete details refer to the interview transcript. Sergeant Gifford was the observer in Air 3 during the incident. Sergeant Gifford stated he located the suspect vehicle at Washington Avenue and Marion Drive. Gutierrez was driving recklessly and ran several red lights. Gutierrez turned southbound on Pecos Road. At Owens



Event: 160126-2423


Avenue and Pecos Road, Gutierrez was traveling at a high rate of speed and narrowly missed pedestrians in the intersection. At Pecos Road and Bonanza Road, Gutierrez attempted to make a left turn but struck the curb on the northeast corner. Gutierrez exited the vehicle and ran across the parking lot of the 7-Eleven. Sergeant Gifford observed a motor officer [Officer Corbin] following Gutierrez and broadcasted Gutierrez had a handgun in his hand. Gutierrez ran southbound and went over a block wall into the neighborhood directly south. Sergeant Gifford continued to give updates of Gutierrez’s location and his direction of travel. Sergeant Gifford broadcasted Gutierrez was climbing over a wall with a handgun in his hand. Gutierrez was heading out to the street where Officer Corbin was riding by on his motorcycle. Gutierrez came out to the street and ran westbound. Sergeant Gifford observed a black Camaro travel eastbound on Asbury Hill Avenue and stop near Gutierrez. Sergeant Gifford did not know if the Camaro was a citizen or a police vehicle. He observed two puffs of smoke come from the windshield of the Camaro, Gutierrez fall to the ground, and two officers approach and take Gutierrez into custody. Uriel Beristain On 01-26-2016, at approximately 1735 hours, Detective Young conducted an audio recorded interview with Uriel Beristain in his department vehicle parked at 208 Ronald Lane. The following is a summary of the interview; for complete details refer to the interview transcript. Beristain was inside his residence when he heard his vehicle’s engine start. He looked outside and saw Gutierrez seated in the driver’s seat of his vehicle. Beristain had the keys to the vehicle inside the residence. Beristain ran out and tried to open the driver’s side door. Gutierrez locked the door and pulled a firearm from his waistband. Beristain backed away from the vehicle and Gutierrez drove away in Beristain’s vehicle. Beristain attempted to jump on the back of the vehicle but only managed to grab the spoiler and rip it off. Beristain returned to his residence and called 911. Officer Keith Parker On 01-26-2016, at approximately 1803 hours, Detective Colon conducted an audio recorded interview with Officer Parker at LVMPD headquarters. Also present for the interview was LVPPA representative Bryan Yant. The following is a summary of the interview; for complete details refer to the interview transcript. Officer Parker responded to the area of Pecos Road and Owens Avenue attempting to locate a stolen vehicle. As Officer Parker traveled north on Pecos Road approaching Owens Avenue, Gutierrez was traveling west on Owens Avenue approaching Pecos Road. Officer Parker parked his vehicle in the median approximately one hundred (100) yards south of the intersection. Gutierrez made a southbound turn onto Pecos Road. As Gutierrez approached, Officer Parker observed Gutierrez’s vehicle was smoking. Officer Parker deployed his Stop Sticks. Gutierrez



Event: 160126-2423


drove south in the far west lane and struck the Stop Sticks with his left front tire. Gutierrez continued driving south and Officer Parker retrieved the Stop Sticks. Officer Parker drove south and heard dispatch broadcast Gutierrez had been involved in a traffic collision and fled from the vehicle. As Officer Parker arrived in the area of the traffic collision, officers broadcasted Gutierrez was in custody. Officer Josue Esparza On 01-26-2016, at approximately 1809 hours, Detective Patton conducted an audio recorded interview with Officer Esparza at LVMPD headquarters. Also present for the interview was LVPPA representative Tom Reid. The following is a summary of the interview; for complete details refer to the interview transcript. Officer Esparza was in the area of Sandhill Road and Stewart Avenue on a car stop when he heard a stolen vehicle call broadcasted with a witness following the vehicle. Officer Esparza assigned himself to the call and drove in the area looking for the stolen vehicle. The Air Unit spotted the stolen vehicle and broadcasted its direction of travel. The Air Unit observed the stolen vehicle wreck at the corner of Bonanza Road and Pecos Road and Gutierrez bailed out of the car and ran south. Officer Esparza heard the Air Unit broadcast Gutierrez had a firearm and was running toward a motor officer on Asbury Hill Avenue. As Officer Esparza was about to turn onto Asbury Hill Avenue, he heard the Air Unit broadcast, “Shots Fired!” Officer Esparza turned west onto Asbury Hill Avenue and saw Officer Solorio standing next to a black Camaro. Officer Solorio was in his LVMPD uniform but was not wearing his gun belt. Officer Esparza saw Gutierrez lying on the ground and a silver and black handgun on the ground approximately two (2) or three (3) feet from his head. Officer Esparza provided lethal coverage as Officer Shoemaker took Gutierrez into custody. Officer Esparza did not witness the shooting. Officer Edward Shoemaker On 01-26-2016, at approximately 1816 hours, Detective Colon conducted an audio recorded interview with Officer Shoemaker at LVMPD headquarters. Also present for the interview was LVPPA representative Bryan Yant. The following is a summary of the interview; for complete details refer to the interview transcript. Officer Shoemaker was responding to a reported stolen vehicle when he heard another patrol unit had located the vehicle still occupied. Patrol units and the Air Unit broadcasted Gutierrez’s direction of travel. Officer Shoemaker was stopped in traffic on Lamb Boulevard and observed Gutierrez traveling north in the southbound lanes approaching Owens Avenue. Officer Shoemaker lost visual contact when Gutierrez made a westbound turn onto Owens Avenue. The Air Unit continued to broadcast Gutierrez’s direction of travel. Officer Shoemaker utilized the bubble technique in an attempt to contain Gutierrez. The Air Unit broadcasted that Gutierrez was involved in a traffic collision at the intersection of Pecos Road and Bonanza Road.



Event: 160126-2423


As Officer Shoemaker approached Pecos Road and Bonanza Road, it was broadcast that an officer was in foot pursuit of Gutierrez, who had a gun. “Shots fired” was broadcasted shortly thereafter. Officer Shoemaker arrived at Asbury Hill Avenue and saw Officer Solorio with his gun drawn standing at the driver’s side door of a Camaro. Gutierrez was lying on the ground in a driveway. Officer Corbin was standing on the passenger side of the Camaro with his gun drawn covering Gutierrez. Officer Shoemaker placed Gutierrez in handcuffs without incident. He observed a handgun in Gutierrez’s immediate area. Officer Shoemaker performed a pat down on Gutierrez and located a knife and a letter opener in his front right pocket. Officer David Delaria On 01-26-2016, at approximately 1833 hours, Detective Patton conducted an audio recorded interview with Officer Delaria at LVMPD headquarters. Also present for the interview was LVPPA representative Tom Reid. The following is a summary of the interview; for complete details refer to the interview transcript. Officer Delaria was dispatched to back Officer Lewis on a stolen vehicle call at 208 Ronald Lane. Officer Lewis arrived first and began providing real time information reference the stolen vehicle from a witness who was following the vehicle. Offer Delaria left Officer Lewis and began to bubble the area looking for the stolen vehicle. Officer Delaria heard the Air Unit spot the stolen vehicle and other patrol units deployed Stop Sticks in an attempt to disable the stolen vehicle. Officer Delaria drove to the area of Bonanza Road and Pecos Road where he saw the stolen vehicle heading south on Pecos Road. Officer Delaria heard the Air Unit broadcast the vehicle wrecked and Gutierrez bailed out of the car with a gun. Officer Delaria knew Gutierrez was running south toward a neighborhood, so he made his way onto Reef Drive, one street east of Pecos Road, to follow Gutierrez. As Officer Delaria approached the intersection of Reef Drive and Asbury Hill Avenue, he observed an LVMPD motor unit traveling east on Asbury Hill Avenue. At the same time he observed the motor unit, Officer Delaria heard the Air Unit broadcast, “Motor unit, he’s coming at you!” Officer Delaria immediately turned around and drove west on Asbury Hill Avenue. As he drove down the street, Officer Delaria observed Gutierrez run westbound down the street towards a black vehicle. Officer Delaria saw a flash near the windshield of the black vehicle and he believed Gutierrez was firing at the driver of the black vehicle. Officer Delaria thought Gutierrez fired at the driver so he could take the black car and flee. Officer Delaria feared for the safety of the motor officer and the driver of the black car. Officer Delaria knew he was in a deadly force situation, but he felt it was not safe to shoot at Gutierrez due to Pecos Road being directly west of him in his backdrop. He decided he needed to hit Gutierrez with his patrol vehicle. Officer Delaria sped up and as he got closer to Gutierrez, Gutierrez fell on the ground in front of the black vehicle. Officer Delaria quickly realized the shots had been fired from the black



Event: 160126-2423


vehicle; they were coming out of the vehicle. Officer Delaria exited his vehicle with his firearm pointed at Gutierrez. Officer Delaria saw Officer Solorio exit the black car with his firearm pointed at Gutierrez. Two other officers arrived and Gutierrez was taken into custody. Officer Delaria observed a gun on ground next to Gutierrez. Gutierrez was transported to the hospital and Officer Delaria moved his patrol vehicle back to the intersection of Reef Drive and Asbury Hill Avenue to block traffic and preserve the crime scene. Officer David Corbin On 01-26-2016, at approximately 1923 hours, Detective Patton conducted an audio recorded interview with Officer Corbin at LVMPD headquarters. Also present for the interview was LVPPA representative Tom Reid. The following is a summary of the interview; for complete details refer to the interview transcript. Officer Corbin was on a traffic stop in the area of Charleston Boulevard and Nellis Boulevard when he heard a stolen vehicle call broadcasted over the radio. The Air Unit was following the stolen vehicle updating its location. Officer Corbin drove to the area of Bonanza Road and Pecos Road. As he made the northbound turn onto Pecos Road from westbound Bonanza Road, Officer Corbin observed the stolen vehicle traveling southbound in the northbound lanes of Pecos Road headed directly at him. Officer Corbin saw the vehicle was smoking from being driven on a flat tire. Officer Corbin avoided being hit by the stolen vehicle and made a U-turn to follow. The stolen vehicle attempted to turn east onto Bonanza but was carrying too much speed and lost control and crashed into a small pony wall connected to the parking lot of the 7-Eleven at 3501 East Bonanza Road.

After the vehicle wrecked, Gutierrez exited the driver side of the stolen vehicle and ran toward

the front door of the 7-Eleven. Officer Corbin drove into the parking lot and observed Gutierrez

holding a semiautomatic firearm in his right hand. Officer Corbin yelled several times, “Drop

the gun! Drop the gun!” Gutierrez turned back toward Officer Corbin, raised his right arm up

next to his chest and pointed the gun toward Officer Corbin. Officer Corbin feared Gutierrez

was going to shoot him. Before Officer Corbin could draw his firearm, Gutierrez turned back,

climbed over a pony wall, and ran east through a business complex. Officer Corbin broadcast

over the radio Gutierrez had a firearm and ran east then south into a neighborhood. Officer

Corbin was unable to immediately follow on his motorcycle due to the pony wall.

Officer Corbin knew the area well and knew the next two streets south of him were Asbury Hill

Avenue and Diamond Head Road. Officer Corbin exited the 7-Eleven parking lot and drove

east on Asbury Hill Avenue.

As Officer Corbin drove east, AIR 3 stated over the radio, “Motor, he’s coming right at you!

He’s coming right at you!” Officer Corbin looked to his left (north) and observed Gutierrez

running toward him with both of his hands extended out from his body at chest level. Officer

Corbin observed Gutierrez holding the same firearm he had in the 7-Eleven parking lot in his



Event: 160126-2423


right hand. His finger was in the trigger well of the firearm and the firearm was pointed directly

at Officer Corbin.

Officer Corbin again feared Gutierrez was going to shoot him. Officer Corbin began making a

hard U-turn on his motorcycle as he drew his firearm. In the middle of the U-turn, Officer

Corbin heard two (2) gunshots. He believed Gutierrez was shooting at him. Officer Corbin

came out of his U-turn and observed a black sports car with two gunshot impacts in the front

windshield. Officer Corbin believed Gutierrez had fired at the vehicle and was attempting to

carjack it. Officer Corbin saw Gutierrez standing in front of the vehicle before he collapsed to

the ground. As Officer Corbin approached the vehicle, Officer Solorio exited the black Camaro.

Officer Corbin realized Officer Solorio was the one who fired the rounds at Gutierrez and not

vice versa. Officer Corbin stayed on lethal coverage of Gutierrez until other units arrived and

took Gutierrez into custody. Officer Corbin observed blood on the ground near Gutierrez as

well as on his clothing. Gutierrez’s firearm was on the ground approximately three (3) feet from

his body. Medical arrived and transported Gutierrez to UMC for treatment.

Officer Francisco Terriquez On 01-26-2016, at approximately 1930 hours, Detective Jex conducted an audio recorded interview with Officer Terriquez at LVMPD headquarters. Also present for the interview was LVPPA representative Steve Grammas. The following is a summary of the interview; for complete details refer to the interview transcript. Officer Terriquez arrived at the scene after the shooting. There were several officers aiming their firearms at Gutierrez who was on the ground in the street. Officer Terriquez and Officer Shumaker approached Gutierrez and placed him in handcuffs. Officer Terriquez conducted a pat down on the left side of Gutierrez and found one round of ammunition and some money in his pocket. Medical personnel arrived, placed Gutierrez on a gurney, and transported him to UMC. Neye Bernardo On 01-27-2016, at approximately 1245 hours, Detectives Kowalski and Jex spoke with Neye Bernardo at 208 Ronald Lane. The interview was not recorded. The following is a summary of the conversation. Bernardo spoke only Spanish. Beristain translated the detectives’ questions and Bernardo’s answers. Bernardo was inside the residence on 01-26-2016 when Gutierrez stole Beristain’s vehicle. When Beristain told her what happened, Bernardo drove her vehicle through the neighborhood looking for Beristain’s vehicle. Bernardo located Beristain’s vehicle at the intersection of Bonanza Road and Marion Drive. The vehicle accelerated away from the intersection. Bernardo believed Gutierrez knew she was following and was attempting to get away from her. Bernardo called Beristain and updated him with the vehicle’s location. Bernardo lost sight of the vehicle at Lake Mead Boulevard and Pecos Road.



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XII. TIME LINE The below time line is a reconstruction of events which transpired on Tuesday, 01-26-2016, in relation to the non-fatal officer-involved shooting that occurred at 3620 Asbury Hill Avenue.

Time (hours)

Description of Event / Action Source

1431 Gutierrez abandoned the Honda CRV in front of 76 Chelseann Street. Gutierrez was captured on video surveillance walking west on Sunrise Avenue towards Ronald Lane.

Video surveillance

1433 Beristain heard his vehicle start and went to investigate. Gutierrez was in the driver’s seat attempting to steal the vehicle. Gutierrez locked the car door and pulled a firearm out of his waistband. Beristain backed away and Gutierrez drove out of the neighborhood.

Beristain interview

1433 Beristain told his mother, Neye Bernardo, that his car had been stolen. Bernardo drove her vehicle through the neighborhood in an attempt to locate it.

Beristain/Bernardo interview

1435 Beristain called 911. Bernardo located the vehicle at Marion Drive and Bonanza Road. Bernardo called Beristain and updated him with the vehicle’s location.

Beristain/Bernardo interview

1437 Officer Lewis arrived at Beristain’s residence and updated the stolen vehicle’s location over the radio.

Computer Aided Dispatch (CAD)

1445 Bernardo lost sight of the vehicle at Lake Mead Boulevard and Pecos Road.

CAD

1446 Officer Bodine saw the vehicle at Marion Drive and Washington Avenue. Gutierrez fled and ran a red light.

CAD

1447 The Air Unit located Gutierrez traveling westbound on Washington Avenue.

CAD

1449 Officer Parker deployed Stop Sticks at Owens Avenue and Pecos Road and successfully deflated the front driver side tire of the stolen vehicle.

CAD

1451 Gutierrez traveled south in the northbound lanes of Pecos Road before colliding with the wall on the southeast corner of Pecos Road and Bonanza Road. Officer Corbin followed Gutierrez through the parking lot of the 7-Eleven. Gutierrez fled over a wall into the residential area to the south.

CAD

1452 “Shots fired” broadcasted by the Air Unit. CAD



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XIII. FORENSICS REQUESTS / RESULTS On 01-28-2016, an LVMPD Forensic Laboratory Request was submitted for the following:

A function test / test fire of Gutierrez’s firearm

An attempt to restore / identify the serial number of Gutierrez’s firearm

A function test / test fire of Officer Solorio’s firearm

A casing comparison of casings recovered inside Officer Solorio’s vehicle with test fired casings from Officer Solorio’s firearm

Officer Solorio’s Firearm Examination On 03-15-2016, Forensic Scientist Anya Lester, P# 13771, submitted the Firearms & Tool Marks Report with the following results: Officer Solorio’s pistol was examined, test fired, and found to be operational with no noted malfunctions. The pistol had a barrel length of approximately 5 5/16 inches, an overall length of approximately 8 ¾ inches and a trigger pull between 5 ¾ – 6 ¼ pounds. The submitted magazine fit and functioned in this pistol and had a capacity of eighteen (18) cartridges. Cartridge Case Examination The evidence and test fired cartridge cases were examined and microscopically inter-compared. Based on these comparisons, it was determined that the evidence cartridge was fired by the Glock pistol. Gutierrez’s Firearm Examination On 03-15-2016, Forensic Scientist Lester submitted the Firearms & Tool Marks Report with the following results: The Jimenez Arms pistol was examined, test fired, and found to be operational with no noted malfunctions. The pistol had a barrel length of approximately 3 7/8 inches, an overall length of approximately 6 5/8 inches and a trigger pull between 7 – 7 ½ pounds. The submitted magazine had a capacity of twelve (12) cartridges and functioned with the pistol. Obliterated Serial Number An area of obliteration was noted on the Jimenez Arms in the location where a manufacturer typically places a serial number. A restoration attempt in this area was partially successful, determining that the serial number ends with the number “8”.



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XIV. WITNESS CANVASS On 01-27-2016, at approximately 1310 hours, Detectives Jex and Kowalski conducted a witness canvass at the residences listed below. Below is a summary of the canvass. LOCATION PERSON CONTACTED INFORMATION OBTAINED 3603 Asbury Hill Avenue No answer. 3604 Asbury Hill Avenue No answer. 3607 Asbury Hill Avenue No answer. 3608 Asbury Hill Avenue Duane Buckles

Saw paramedics treat Gutierrez and then load him into an ambulance on a backboard.

3611 Asbury Hill Avenue Yadira Torres

Was not home during the incident.

3612 Asbury Hill Avenue No answer. 3615 Asbury Hill Avenue No answer. 3616 Asbury Hill Avenue Kevin & Sara Heath

Neither party was home at during the incident.

3619 Asbury Hill Avenue No answer. 3620 Asbury Hill Avenue Catarina Martin

Did not hear or see anything.

3623 Asbury Hill Avenue Amina Malenga

No phone number provided Did not hear or see anything.

3624 Asbury Hill Avenue Carlos Loaiza-Avila

Was not home during the incident.

3627 Asbury Hill Avenue No answer. 3628 Asbury Hill Avenue No answer. 3631 Asbury Hill Avenue Anita Belarde

No phone number provided Was not home during the incident.



Event: 160126-2423


LOCATION PERSON CONTACTED INFORMATION OBTAINED 3632 Asbury Hill Avenue Louis Melchor

Heard two (2) gunshots and the police helicopter overhead; went outside and saw Gutierrez being taken into custody by officers.

3635 Asbury Hill Avenue No answer. 3636 Asbury Hill Avenue No answer. 3639 Asbury Hill Avenue No answer. 3640 Asbury Hill Avenue No answer.

Documents

LAS VEGAS METROPOLITAN POLICE DEPARTMENT...DOWNTOWN AREA COMMAND (DTAC) 1) Sergeant Shawn Romprey P# 7062 2) Officer Russell Backman P# 6518 3) Officer Earnest Jefferson P# 9385 4)