Police Fatality Public Fact-finding Review - Regular Meeting

Monday, March 16, 2026
Transcript
Video
Agenda

About this meeting

Government Body
Police Fatality Public Fact-finding Review
Meeting Type
Police Fatality Public Fact-Finding Review
Location
Clark County, NV
Meeting Date
March 16, 2026

Transcript

291 sections (from 340 segments)

0:00 – 0:230

2024. I am Mandy McKellar. I will be presiding over today's proceeding. This review is being held because the Clark County District Attorney's Office has made a preliminary determination that no criminal prosecution of the officers involved in the death of Jolene McCoy is appropriate. Clark County ordinance chapter 2.12 requires public review following such a determination.

0:23 – 0:500

This is not a trial. The purposes of today's proceeding is to present the public with the essential facts surrounding the death of miss miss mister McCoy. Chief deputy district attorney Tyler Smith will present today to on today's fact finding review on behalf of the district attorney's office. He will determine the witness or witnesses to be called. The ordinance does not provide subpoena power on my behalf and does not allow for any other party to call witnesses.

0:50 – 1:210

Willard Ewing has been appointed as the ombudsman. He represents both the public and the McCoy family. He will have the opportunity to ask question of the witness or witnesses. The procedure for questioning witnesses is informal with a view to providing the public with relevant information regarding use of force, the rules of evidence shall not be strictly enforced. Members of the public observing this review may submit proposed written questions on forms located in the back of this room and present it to one of the officers.

1:21 – 1:540

I will then ask the question unless I determine that it is irrelevant, redundant, or an abuse of the review process. At the conclusion of this review, no formal determination is going to be made regarding the manner or cause of death shall be rendered. Additionally, the following material is required to be presented, may contain graphic images or language. Viewer discretion is advised when the graphic content is displayed. Does anybody have anything else to add? No. Okay. You can go ahead, Mr.

1:541

Smith. The state's witness will be detective Shane Forsberg. Sir, what is your occupation?

2:022

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

2:091

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

2:122

About nineteen years.

2:131

And how long have you been a detective?

2:152

I was a detective for five.

2:171

For five, okay. And, were you the investigator, the chief investigator involved in the officer involved shooting death of Julian McCoy?

2:272

Yes, I was.

2:281

And, did that occur on 06/15/2024?

2:321

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

2:412

Yes, I did.

2:421

Okay. Could you please take us through a summary of the events that occurred on 06/15/2024, Julian McCoy.

2:50 – 3:252

Yes, I can. On 06/15/2024, officers of North Las Vegas PD were dispatched to the intersection of Craig Road and North 5th Street in reference to a vehicle collision and reports of an armed subject in one of the involved vehicles. Multiple citizens called 911 regarding the incident and advised an LBPD dispatch that one of the vehicles involved in the collision was a silver Chevrolet Malibu and that the driver of the Malibu was armed with a rifle. North Las Vegas fire and rescue personnel also responded to the call for service. Paramedics arrived prior to NLBPD patrol units.

3:25 – 4:162

When paramedics attempted to check the welfare of the driver of the silver Chevrolet Malibu, pointed a rifle at them, and they sought cover and concealment behind fire department vehicles. When NLBPD patrol officers arrived on scene, they made visual confirmation that the male occupant of the Chevrolet Malibu was armed with a rifle and was waving the rifle around inside of the vehicle. Multiple officers drew their weapons and verbally challenged the driver to put the gun down and exit the vehicle. Driver refused to comply with the verbal commands and continued to wave the rifle erratically inside of the vehicle cabin. After several minutes of verbal attempts to deescalate the situation, the driver of the silver Malibu pointed the barrel of his rifle out of the open passenger window directly at a patrol vehicle that had three officers using it as cover and concealment.

4:16 – 4:492

Multiple officers discharged their weapons and the suspect was struck multiple times while inside of the vehicle. After the shooting ceased, officers and paramedics approached the suspect vehicle and it was determined the suspect was beyond resuscitation. The ensuing investigation revealed that seven officers discharged their weapons during the incident and there were five officers in close proximity to the shooting who did not fire their weapons. Suspect was armed with a 22 caliber rifle at the time that he was shot and killed. The suspect was later identified as Julian McCoy.

4:491

Alright. And can you please tell us about the decedent and any applicable charges survived.

4:57 – 5:142

The decedent is Julian McCoy. He was 57 years of age at the time of the shooting and a resident of Las Vegas. Had he survived, applicable charges would have been assault on a protected person with use of a deadly weapon and prohibited person in possession of a firearm, as well as DUI involving collision.

5:151

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

5:23 – 6:022

On June 15 at about 09:04PM, NLV officer Rios attempted a traffic stop of McCoy's vehicle on North 5th Street between Cary Avenue and Cheyenne Avenue. Mister McCoy failed to yield and continued northbound driving recklessly through a red traffic signal at Cheyenne Avenue. At about 09:07PM, the aforementioned nine one one calls for service were relayed to officers by dispatch. Approximately 09:15PM, officers arrived on scene and visually confirmed that McCoy was armed with a rifle and waving it around inside of the vehicle. Mister McCoy disregarded verbal instructions to drop the rifle and exit the vehicle.

6:02 – 6:172

At about 09:24PM, McCoy pointed his rifle out of the passenger window directly at the patrol vehicle officer Dolan was using to address McCoy via the PA system. Seven North Las Vegas uniformed officers discharged their firearms, striking McCoy multiple times.

6:181

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

6:24 – 6:402

Shooting location is the intersection of Craig Road and North 5th Street. Mr. McCoy's vehicle is marked there as suspect vehicle. North 5th Street runs from bottom left of the screen to top middle, intersected by Craig Road, which runs east and west.

6:41 – 6:551

And you mentioned that during the timeline, there was an attempted traffic stop on Mr. McCoy's vehicle. Did you review any radio traffic from that traffic stop? I did. Could you please present some of that to us, please?

6:58 – 7:113

In terms of the 47, 5th in Cheyenne, Northbound on a silver Chevy Malibu brake. They both took off at a higher rate of speeds northbound on North 5th 14.

7:124

I copy.

7:162

When that vehicle failed, yield officer Rios did not chase the vehicle. It continued northbound through Cheyenne.

7:221

And, was then there a traffic collision following that?

7:252

Yes, there was.

7:261

Were there any 911 calls made regarding that traffic collision?

7:302

Yes, there was.

7:311

And, maybe you provided some of those.

7:342

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

7:435

911, Denise, Medical.

7:45 – 8:004

Hi. I'm not sure. I just witnessed a park crash right here on Craig. Alright. What's the Cross Street? It's, like, on the the Cross Street. And spit. Craig and Lawrence spit.

8:005

Are you involved or just witness?

8:034

We're just witnesses.

8:056

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

8:084

He has a gun. He has gun. She has a gun. Oh my god. Okay.

8:151

And obviously, you redacted the identity of the callers from these. Is that correct? Okay. Is there an additional 911 call?

8:245

911, do you need police, fire, medical?

8:274

Police and it might be some medical

8:305

Is this for Craig in traffic Yes.

8:334

I just want to update. This guy had a gun had a gun in his car.

8:375

Okay. Did he point at anybody, he just has a gun in his car?

8:404

Yes. He pointed he pointed at one of those people that was coming out that to find out whether he was okay or not.

8:476

To find out he's gonna do what?

8:504

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

8:545

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

8:594

don't know because the guy told this is, like, secondhand because I was getting ready to go see if he was okay. And the guy told me to move away from the gun. He had the gun.

9:075

Okay. Got it. Were you did you witness the accident passing by involved?

9:114

No. I witnessed it. I was right near at the light when he ran that light. Okay.

9:175

So you went into accident, but you didn't witness the guy putting the gun. Right? No. Okay. Got it. Will follow-up. I'll go ahead and let my

9:246

officers know. Okay?

9:264

Please do. I can't want nobody to get hurt. Alright. Nobody else to get anymore hurt.

9:30 – 9:461

And so and from these 911 calls, the information was that the decedent had a firearm and was had been pointing that firearm at some individuals. Is that right? Yes. And did you also review and include any radio traffic regarding the traffic collision in the presentation?

9:47 – 10:132

Yes, I did. So, initially what we just heard was how the information was related to our dispatch and I will play what it sounds like when the dispatch is relaying that information to the officers. And, I'll tell you, there was about thirty minutes of radio traffic. I had it edited to cut out dead space. So, you couldn't every time nobody was talking, we cut that out to shorten the video. I think we got it to about five or six minutes.

10:185

Three in one, can I start you towards a 401 and George one?

10:243

Ed, one for Magic.

10:27 – 10:595

Craig and fifth, Craig and fifth, Craig. Control continuing, there's four or five vehicles involved. Looks like we have a Black Dog Ram pickup, black Kia Optima, a gray Nissan Rogue and a silver Chevy Malibu. It appears to be negative injury, brake control continuing. Some of the PRs are stating that the driver of the Chevy Malibu caused the accident and that the driver of BMA possibly has a four thirteen rifle on his person but negative threats made?

11:003

Yeah, we're going from 490. Control, 2, Josh, 5. Clear complete. You can show me around to that 401. Okay.

11:12 – 11:265

Units en route to the 401. Fifth PR called in. He's a witness, but he got secondhand info claiming that this driver with the 413 actually pointed it at somebody when they went up to check on him.

11:353

Control 3, Henry 1, we're clear verbal only. Alright, copy. Henry one,

11:467

just advise on the red.

11:483

Copy. Pull the buzz. Control mode, 10. I'm heading off. Henry one against red.

11:597

Code right on South or I'm sorry, on North Patrol for units out at Craig And 5th.

12:06 – 12:513

We don't have much now. We're just getting, people telling us the driver of the, silver vehicle has a rifle. Copy. He's seventeen in the morning. No, he's got tinted windows. We can't see inside. So he's not compliant to anything. Next unit coming is parked guards, Craig, just west of the intersection here. Blocked this traffic and slotted crossfire. So far multiple commands, we've got no response. He held like a stick out of the window.

12:593

copy. Crossfire. Copy. Shot fired. And watch crossfire.

13:107

Watch crossfire.

13:13 – 13:253

Joe, if we get more units even from south, we need tall intersections shut down. We've crossfire everywhere. Brad, you're going to have better eyes. It's all tinted on this side. We can't see what it's doing in there.

13:27 – 13:547

The deputy has a shotgun. Kabi, where is he seated in the car? He's in the front. I think he's moving between the passenger and the driver's seat. He's in the middle in the front. He's waving the rifle around. That Rescue fifty two has anybody in it? Because I have it on the background. They were advised about this and they were told to hold short.

13:553

So we need more units to close off North 5th And Craig Intersection.

14:03 – 14:157

Yeah. Close northeast just South of Craig. Just close it. I have multiple Southeast throughout. I have south units throughout. What side do you want units to approach from?

14:163

From south side. South on North 5th, I'm afraid.

14:24 – 14:507

On 5th from south, close the northbound, northbound on 5th approaching Craig, close it. Have anyone on rifle? He's waving the rifle out of the car now, like in a draping manner. Copy. He's waving the rifle out of the car. One have a shield. Hey, Edwine. Can we get one of you guys in the PA for giving him commands from the vehicle?

14:563

Copy. 395. Three are

15:047

on our drop, on a big drop.

15:07 – 15:203

Where I went to right. Are you westbound shut down or no? Shut everything down, this whole intersection. Northbound fifth on Alexander is shut down. I went on right hand today.

15:207

He's crawling to the back seat now. He's crawling to the back seat, but the front passenger window is open. I have a visual on him. He's still holding the rifle.

15:313

Just confirming, do you want a rifle to come from Southbound North Sand, right?

15:501

And, that was also radio traffic up until shots were fired, is that correct?

15:547

Correct.

15:551

right. Can you tell us about

15:59 – 16:192

The involved officers are the ones, when I refer to involved officers, I'm saying the ones that discharge their weapons, and the other officers present will be witness officers. First officer involved is Officer Barnes, p number 2953. He had approximately one year of service at the time. He was assigned to the South Area Command as a patrol unit. Call sign was 3Adam3.

16:19 – 16:502

He was writing as a two officer unit with officer Dolan, and he had no prior officer involved shootings. Officer Chevalier, number 2811, had about three years of service at the time, working patrol out of the North Central Area Command. Call sign was 3Henry1, and he was a two officer unit with officer Delorco, no prior officer involved shootings. Officer Delorco, number 2868, had just shy of two years of experience. He was working patrol out of the North Central Area Command.

16:51 – 17:152

His call sign was 3Henry1 with officer Chevalier, and he had no prior officer involved shootings. Officer Garcia, number 287 or 2780. He had a combined two years of experience and was working as a patrol unit on South Area Command. His call sign was 3Charlie3. He was riding with officer Lam, and he had no prior officer involved shootings.

17:18 – 18:002

Officer Garron, p number 2819, had approximately three years of service at the time. Patrol unit out the South Area Command. Call sign was 3Baker3, and no prior officer involved shootings. Officer Ryan, number 2951, approximately one year of service. He was working patrol out of North Central Area Command. His call sign is 3George5, and he had no prior officer involved shootings. Officer Rigsby was had approximately seven years of service with North Las Vegas. He was assigned to the traffic bureau. His call sign was Motor10, and he had no prior officer involved shootings. And, these are the witness officers.

18:00 – 18:412

We had officer Christian Abshire, number 2925. He had approximately one year and four months of service. He was patrol in the North Central Area Command. Call sign was 3I to one. Officer Dolan, number 2800, approximately two years of service, patrol unit out South Area Command. Call sign was 3Adam3, 2 officer unit with officer Barnes. We had officer Gutierrez Gonzalez, number 2842, just shy of two years of experience. He's working patrol out of North Central. His call sign was three out of one, riding with officer Pavlenko. We had officer Lamb, number 2807.

18:42 – 19:042

Approximately three years of service, patrol out of South Area Command, call sign 3Charlie3. He's riding with officer Garcia. And we had officer Pavlenko, number 2619. About four years, eight months of service at the time. Patrol in the North Central Area Command. Call sign was 31. And, he was riding with officer Gutierrez Gonzalez.

19:051

After the shooting, what investigative steps did you take?

19:11 – 19:412

Following the shooting, body worn cameras and weapons were collected from all of the involved officers and were retained by supervision pending the arrival of investigating detectives, crime scene investigators, and the Internal affairs bureau. Upon arrival of detectives, CSI, and IAB, body worn camera footage was reviewed, involved officers were transported to their respective area command headquarters where they met with CSI and detectives to conduct ammunition countdowns of the firearms. This process was completed to get a preliminary count on the number of rounds fired by

19:411

each officer. Can you take us through the

19:43 – 20:192

countdowns? Yes. This is officer Barnes' weapon. He was equipped with a Colt m four l e five five six two two three caliber rifle. His stated setup, which means the way that he said he loaded his magazines and the number of magazines that were available to him suggested he had a total of 91 rounds available. Countdown revealed he had 79 rounds remaining. Evidence on scene was consistent with the countdown and showed that Officer Barnes fired 12 rounds from his rifle.

20:191

And the initial setup, is that determined from the interview with the officer?

20:22 – 20:352

Yes. The officer meets with CSI as well as a detective who witnesses the countdown. CSI asks how they load their weapon and their magazines and gets a preliminary count from there. Where does does this this take take

20:408

place?

20:41 – 20:552

At their respective area command. So, had a convergence. This is very close to our border between north and south. So, we had several south area command officers and several north central area command officers. And they go back to those command headquarters to do these.

20:551

And that was Officer Barnes. Could you take us through Officer

21:00 – 21:212

Chevalier? Chevalier. Officer Chevalier was armed with a Glock seventeen nine millimeter semi auto pistol. His stated setup was 71 rounds. His countdown revealed 64 remaining. Evidence on scene was consistent with the countdown and showed that Officer Chevalier fired seven rounds from his handgun.

21:221

And, the countdown for Officer

21:23 – 22:052

DeLorco. Officer DeLorco is equipped with a Glock 17 millimeters semi auto handgun. His stated setup was 52 total rounds. And, the countdown showed 37 remaining. The evidence on scene was consistent with the countdown. Showed that officer Delorco fired 15 rounds from his handgun. Officer Garcia? Officer Garcia had a Glock forty five nine millimeter semi auto handgun. Stated setup was 52 rounds. Countdown revealed suggest 26. However, only 25 cartridge cases located on scene were confirmed to have been fired from his handgun.

22:061

And, is there any possible reason for the discrepancy?

22:10 – 22:442

Yeah, the exact reason's unknown. But, according to his stated setup, he would have loaded a magazine, chambered a round, removed the magazine, and topped that magazine off with an additional round. It's possible he didn't do that. And, it's possible that a cartridge case just didn't get found. Alright. There was a lot of traffic going through that intersection. It could have disappeared. Officer Garran. Officer Garran had a Colt M4LE five five six two two three caliber rifle. His stated setup was 18 rounds.

22:44 – 23:222

His countdown showed five remaining. Evidence on scene was consistent with the countdown and showed that officer Guerin fired 13 rounds from his rifle. And, officer Rigsby. Officer Rigsby had an American Defense MFG five five six two two three caliber rifle. Stated setup was 30 rounds. His countdown revealed 27 remaining. The evidence was consistent with the countdown and showed that officer Rigsby fired three rounds from his rifle. Officer Ryan. Officer Ryan had a Glock seventeen nine millimeter semi auto handgun. His stated setup was 51 rounds.

23:222

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

23:331

Mr. McCoy was armed with a weapon as well. Is that correct? Correct. And, was that recovered?

23:402

Yes, it was.

23:411

Was there a countdown performed on that weapon?

23:44 – 23:582

Yes, there was. Mr. McCoy's weapon was a Browning 22 caliber lever action rifle. Rifle was loaded with 15 cartridges. The rifle was struck by gunfire causing damage to the buttstock.

24:011

And then was there also an investigation performed to determine the cause of the traffic collision?

24:13 – 24:542

Yes, there was. Our traffic bureau responded and conducted that investigation. Labeled here on the picture are all of the vehicles that were part of the scene. V one, V two, V three, and V four were involved in the traffic collision. V five was a witness who parked in the intersection to attempt to render aid. He's not involved in the collision. And the investigation revealed that Mr. McCoy was the accident causing driver. He entered the occupied intersection against a solid red light, struck the passenger side of v two, which was the blue truck. After the initial collision, McCoy's vehicle rotated.

24:54 – 25:102

The rear of it collided with the passenger side of v three, which was the gray SUV in the photo. And this caused a redirection of V3 and the front of V3 collided with the front of V4, which was facing the opposite direction on the north side of the intersection.

25:101

And just to be clear, Mr. McCoy's vehicle was V1,

25:142

correct? Correct.

25:171

Were there any additional findings?

25:20 – 25:462

The findings of the traffic collision were supported by video surveillance from the nearby convenience store. The first camera view faces westbound toward North 5th Street, south of the intersection of Craig and North 5th. And the second camera view we'll look at faces the intersection of Craig and North 5th. So this video is, as I said, pointing out toward 5th, south of the intersection. It will show Mr.

25:46 – 26:252

McCoy's vehicle pass by, high rate of speed, which will be northbound toward the intersection. Can you play We'll look at the other camera angle now. Let me set this up a little bit. So, the intersection, you can see the lights toward the top center. They'll cycle from yellow to red prior to Mr. McCoy's vehicle entering the intersection.

26:561

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

27:00 – 27:192

Yes. So, as I showed in the prior picture, the black SUV in the the center of the intersection wasn't involved. It was in the traffic collision. It was a witness. He was interviewed by detectives and stated that he was waiting at a red light to turn from southbound North 5th To East Brown Craig Road.

27:20 – 27:512

He advised the silver Malibu came out of nowhere at a high rate of speed and smashed into the other involved cars. Once the light turned green for the witnessdriver, he parked in the intersection west of the accident scene to see if anyone needed help. Witness approached mister McCoy and looked like he was, quote, on something and very paranoid. When the witness asked mister McCoy if he was okay, McCoy, quote, pulled a gun on the witness. And we'll play some of the audio from that interview.

27:53 – 28:136

Because I didn't see no one helping him, so I got out and just I I asked the the guy in the I went up to the guy in the in the Chevy. Okay. He was the closest to me, and he looked he looked how would you say? He looked like he was on something. Like, he was very paranoid, and he pulled a gun on me.

28:137

He pulled a gun on you?

28:14 – 28:386

Yeah. Wow. Okay. He pulled a gun on me, and then I saw it because, like I said, he looked paranoid. And when I looked in the car, I asked him, hey. Are you okay? He didn't say anything. He just took, like, a big breath, like, you know? And, like and he pointed, like, I saw him with the gun like this, and I kinda just you know, I backed off. Sure. And I started telling everybody else, like, do not get near that car because he has a gun.

28:421

Were there any additional witness interviews?

28:54 – 29:362

You need to say that again? Alright. There were several witnesses. One of the more pertinent was a North Las Vegas fire department paramedic who had arrived to help render aid. The rescue vehicle arrived and parked east of the intersection. The paramedicwitness walked to the passenger side of the silver Malibu, saw mister McCoy sitting in the driver's seat, leaned back with a cigarette in his mouth and holding a rifle across his lap. When mister McCoy saw the witness, he turned toward him, moving the rifle barrel in his direction. McCoy yelled to the witness, get the fuck back. The witness alerted other FD personnel and bystanders, and McCoy was armed. The witness retreated to a rescue vehicle for cover.

29:381

Was there any evidence collected by crime scene investigations?

29:41 – 30:232

Yes. Over the majority of the twenty four hour period following the shooting, the NLVPD CSI Bureau conducted the aforementioned officer ammunition countdowns, documented the shooting scene, and collected items of evidentiary value. Following items were recovered from the shooting scene, included sixty five nine millimeter cartridge cases, 27.223 caliber cartridge cases, broken wooden gun stock from Mr. McCoy's rifle, multiple bullet fragments, the Browning 22 caliber lever action rifle that Mr. McCoy was armed with and one twenty two caliber cartridge, which is essentially a live round recovered from the passenger seat of Mr.

30:23 – 30:352

McCoy's Malibu. And the presence of the single 22 caliber cartridge and the location that it was found were indicative of Mr. McCoy's gun having a cartridge in the chamber at the time of the shooting.

30:351

And, can you explain why that would be?

30:40 – 30:592

So, in this photo, you can see that the action of the gun is open, the lever is down, and the bolt is back, and the ejection port is open. In order for the round to have been discovered on the passenger seat, it would have ejected from the ejection port on that when the action was opened.

31:001

And, what causes a round to eject from the port?

31:04 – 31:172

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

31:191

Was there any photographs of that round?

31:22 – 31:372

Yes. So, in the picture on the left, it's difficult to see. It's at the front of the cup. We have a zoomed in picture of the passenger seat showing a point two two caliber cartridge on, like I said, on the passenger seat.

31:381

And that's the front passenger seat. Front passenger, correct. Any additional evidence collected?

31:47 – 32:162

Following the processing of the scene, the Malibu was sealed and towed to the NLB PD secure evidence bay for additional processing. The following items of evidentiary value were collected, which included multiple firearm projectiles and bullet fragments, the composition book, a brown clipboard with white residue on it, small plastic bag containing white residue, one bottle of Southern Comfort whiskey, four empty cans of Mike's Harder lemonade, and additional pieces of the broken wood gun stock.

32:171

And, was there then an autopsy performed on mister McCoy?

32:22 – 33:062

Yes. Myself and detective Wells attended the autopsy on 06/17/2024. The cause of death was ruled multiple gunshot wounds. The manner of death was really homicide. And 13 intact projectiles or bullets were recovered from the body of Mr. McCoy. Toxicology revealed the presence of methamphetamine at three thousand nanograms per milliliter and cocaine at 32. And according to the lab report, report, blood levels of two to 600 nanograms per milliliter have been reported in methamphetamine abusers who exhibited violent and irrational behavior. High levels of methamphetamine can also elicit restlessness, confusion, hallucinations, circulatory collapse, and convulsions.

33:06 – 33:301

And these substances are also prohibited to be in your system while operating motor vehicles, is that right? Correct. And are you aware of the per se limit according to Nevada revised statute 484C. 110 for methamphetamine is one hundred nanograms per milliliter? Yes. So this is approximately 30 times amount. Is that

33:309

right? Correct.

33:351

Can you take us through the scene?

33:39 – 34:062

The picture on the screen depicts the location of the officers who were present for the shooting that were on the south side of the intersection or the south side of the black SUV. Closest to Mr. McCoy's vehicle was officer Garcia. He was on the running board of essentially just inside the rear passenger door of the black SUV. Officer Rigsby was standing next to him, followed by officers Pavlenko and Barnes at the front of the fire engine.

34:07 – 34:282

And, in the patrol vehicle there was officer Dolan seated in the driver's seat using the PA system. Passenger side was officer Gutierrez Gonzales. He was behind the passenger door. And standing next to him was officer Garron. Officers Garcia, Rigsby, Barnes, and Garron fired.

34:31 – 34:502

This would be the north side of the intersection, and these are the officers' positions with officer Ryan being closest to the black SUV. Next to him was officer Chevalier. Next to him was Officer Delorko. The three of them did fire their weapons. Officers Abshire and Lamb were next to them, and they did not.

34:521

Were interviews conducted with the involved officers?

34:55 – 35:182

Yes. It was a voluntary process. They all agreed to be interviewed as well as the witness officers. I'll just go over some key points from their interviews, starting with officer Barnes. Officer Byrnes, excuse me, Barnes arrived on scene with officer Dolan, grabbed his rifle, joined officer Pat Blanco at his position near the front of the fire engine.

35:18 – 35:462

Officer Barnes said McCoy was lying down between the front seats with his feet facing the front of the vehicle. Officer Barnes said he could see McCoy waving the gun around the side of the vehicle with no obvious specific target. Officer Barnes said McCoy was non compliant with verbal instructions being given to him and felt McCoy's level of aggression was escalating. Officer Barnes felt that officer Dolan's use of the PA system directed McCoy's focus to her vehicle. Officer Barnes witnessed Mr.

35:46 – 36:152

McCoy point his rifle at Officer Dolan. He recognized that she and other officers were in imminent danger. Officer Barnes said he discharged his rifle to prevent potential loss of life to a fellow officer. We also interviewed officer Chevalier, who was one of the first to arrive on scene with officer Delorco. Officer Chevalier recalled NLVFD personnel yelling that the person inside of Malibu was armed, and he observed people running to seek cover.

36:15 – 36:532

Officer Chevalier could not initially see McCoy inside of the vehicle from his position due to dark window tint, but said he knew someone was inside of the vehicle as he could see cigarette smoke coming from the front window, which was partially open. As additional units arrived and lit up the Malibu with spotlights, officer Chevalier could see McCoy moving inside of the vehicle. Officer Chevalier said he and officer Delorco moved behind the black SUV and could see McCoy holding a rifle. Officer Chevalier described McCoy as waving the rifle erratically from side to side. He said McCoy then aimed the barrel of the rifle west out of the front passenger window toward officers.

36:53 – 37:172

Officer Chevalier recognized McCoy the ability and opportunity to shoot at and potentially kill an officer and that threat was imminent. He made the decision to discharge his handgun at that time. Officer Delorco. Upon arrival, officer Delorco saw NLVFD personnel at the driver's door of the Malibu. One of them yelled that someone inside pointed a gun at them, and that person ran away to seek cover.

37:18 – 37:572

Officer Delorco could see the barrel of a rifle, quote, moving around inside the car. Officer Delorco believed McCoy was waving the gun intentionally to defy the orders of police and to taunt the officers. Officer Delorco saw the barrel of the rifle come out of the open passenger window and he expressed fear for the lives of the other officers and the public. He then made the decision to discharge his firearm. Officer Garcia was also interviewed, and he arrived on scene with officer Lamb.

37:57 – 38:402

Upon arrival, saw officer Riggsby standing alone on the right or south side of the black SUV. In an attempt to gain a better view and tactical advantage, officer Garcia opened the rear passenger door of the SUV and stood on the running board. Officer Garcia said he could see McCoy lying on his back with his legs straddling the gear shift and his torso in the rear of the cabin. Through the open passenger window, Officer Garcia could see the barrel of a gun that McCoy was holding, and McCoy was waving the gun erratically from side to side with no clear intended target. While officer Dolan was giving McCoy instructions over the PA system, officer Garcia saw the barrel of the rifle extend out of the open window, pointed directly at officer Dolan and the others near her.

38:41 – 39:112

Officer Garcia perceived a direct intentional deadly threat toward officers, said he believed that McCoy was going to shoot or attempt to shoot an officer or innocent bystander. Officer Garcia fired multiple times at McCoy and felt the slide of his pistol locked to the rear. He was unsure if he had run dry of ammunition or if his firearm had malfunctioned. Officer Garcia reloaded and continued firing believing McCoy was still a threat and he was concerned about the accuracy of his rounds after they passed through the vehicle. Officer Garron.

39:11 – 39:392

Officer Garron arrived on scene as a single officer unit. Officer Garron retrieved his rifle and positioned himself on the passenger side of the patrol vehicle from which officer Dolan was addressing McCoy via the PA system. Officer Garron noted that McCoy was unresponsive to verbal instructions to drop the rifle and exit the vehicle. He could see through the passenger window that McCoy was holding a rifle. Officer Garron said McCoy was looking around erratically, as though he was searching for officers, but did not know where they were.

39:40 – 40:132

Officer Garron saw McCoy sitting in the center console area of the Malibu as verbal attempts to deescalate continued. Officer Garron then witnessed the barrel of McCoy's gun swing out of the open passenger window and aim directly at officer Garron. Officer Garron fired his weapon at McCoy upon being confronted with the imminent threat of being shot. Officer Guerin noted that McCoy was laid back between the seats and recalled thinking this was an intentional act by McCoy to avoid gunfire and continue to fight. Officer Guerin fired additional rounds through the vehicle door in an attempt to neutralize the threat.

40:17 – 40:502

Officer Rigsby. Officer Rigsby arrived on scene and positioned himself to the south of the black SUV with a view of McCoy through the open passenger window. He could hear verbal instructions being relayed to McCoy from officers on scene. When officer Rigsby heard officer Dolan's voice over the PA system, he said McCoy's behavior changed from quote, just moving around in sporadic to quote, fixating on the officers that were positioned near the PA speaker. Officer Rigby said that McCoy then aimed the barrel of the rifle out of the passenger window and at the officers near the PA speaker.

40:50 – 41:102

Officer Rigby believed McCoy intended to shoot the officers and discharge his rifle to address the imminent threat to life present by Mr. McCoy. Officer Ryan. Officer Ryan arrived on scene as a single officer unit. While en route to the call, he said that he heard officer Chevalier on the radio and recognized that the tone of his voice indicated was serious.

41:10 – 41:392

Officer Ryan positioned himself to the north of the black SUV, west of McCoy's vehicle. He advised he could see McCoy through the open passenger window. Officer Ryan said that McCoy was moving, quote, erratically and constantly inside of the vehicle, and recalled thinking McCoy was possibly under the influence of drugs. Officer Ryan could see that McCoy was armed with a rifle which was initially pointed generally upward and was moving from side to side within the vehicle. Officer Ryan said the barrel was moving with no obvious intended target.

41:41 – 42:142

Officer Ryan continued that after he began hearing PA announcements, McCoy's actions appeared more intentional as he lowered his position within the vehicle, giving officer Ryan perception that McCoy was tactically, quote, gearing up for a gunfight. Officer Ryan then saw the barrel of McCoy's rifle come out of the open window, and it was aimed directly at officers. Officer Ryan recognized the threat to officers presented by McCoy to be imminent. He discharged the fire arm multiple times in an attempt to stop the threat. Now, we'll get into the witness officers.

42:14 – 42:362

Again, these are officers who were in close proximity, but did not discharge their firearms. First, have Abshire. Officer Abshire arrived on scene and witnessed McCoy inside of the vehicle armed with a rifle. He witnessed McCoy's gun aim out of the window in the direction of fellow officers. Although officer Abshire recognized the threat as imminent, he was not in a good position to fire and knew there were several officers in a better tactical position than he.

42:37 – 43:002

Officer Abshire made the decision to not fire his weapon. Officer Dolan. Officer Dolan arrived on scene with Officer Barnes. Upon arrival, she could see the McCoys inside of the Malibu, armed with what she perceived to be a shotgun. Officer Dolan went to a patrol vehicle west of McCoy's vehicle and began using the PA system to direct McCoy to drop the weapon and exit the vehicle.

43:00 – 43:292

She told McCoy that officers did not wanna hurt him and that their intention was to help him. Officer Dolan was unable to hold her firearm in her hand due to using one hand to operate the PA mic and using the other to cup the mic in an effort to amplify the sound. After several PA announcements, officer Dillon witnessed McCoy look toward her vehicle and point the barrel of his rifle directly at her. Officer Dillon described her feeling at that time as, quote, word for word, like in my head, oh, fuck. I'm gonna get shot.

43:29 – 43:502

I was terrified. Officer Gutierrez Gonzalez. Officer Gutierrez arrived on scene with officer Pat Blanco. He saw McCoy in the front seat through the open passenger window, erratically looking around while holding a rifle. Officer Gutierrez recalled having an unfavorable backdrop containing medical personnel and pedestrians.

43:51 – 44:172

His attention was diverted to passing traffic when the gunfire began, and he did not discharge his weapon. Officer Lamb. Officer Lamb arrived on scene with officer Garcia, and he could see McCoy waving the barrel of a rifle around inside of the Malibu. Officer Lamb joined the group of officers positioned to the north of the black SUV. Officer Lamb saw the barrel of McCoy's rifle come out of open window, but could not see mister McCoy.

44:17 – 45:002

Due to not being sure of McCoy's location in the vehicle, officer Lam did not fire his weapon. Officer Pat Blanco. Officer Pat Blanco arrived on scene with officer Gutierrez Gonzalez and positioned himself to the west of the Malibu using the front of the fire truck that was parked in the intersection as partial cover concealment. Officer Pavlanco could see that McCoy was holding a rifle, waving it around in a threatening manner, and said that McCoy appeared, quote, panicked. Officer Pavlenko yelled verbal commands to McCoy to drop the rifle. Officer Pavlenko felt there was an imminent threat to officers, but did not just charge his weapon due to concerns with his backdrop and the fact that McCoy was moving around too much for him to get a clear shot.

45:021

And, have you also included recordings of the body worn camera the officers? Yes, several of them, not all of them. Some of

45:11 – 45:332

the body worn camera doesn't show anything, depending on the officer, how they're standing. And, one of them was completely black and was audio only. So, I took out the body cams that actually show the incident unfold. First is Officer Ryan's. It's a longer one. I let it play to hear all the verbal communication that's going on during the time officers are on scene.

45:340

By the way, viewer discretion is advised that this material may contain graphic images or language.

45:44 – 46:148

Hey. Drop the gun. Do not point the gun at us. Come on, man. Do not point the gun at us. Hey. How many we got in there? Just one? Put the gun down. Don't have a shooter.

46:15 – 46:348

Put the gun down. Come over here. Come over here.

46:363

My backdrop is shit.

46:398

Put the gun down. We got just one in

46:423

there confirmed. Yep. We got

46:437

a rifle and a sack on there.

46:528

Drop the gun.

47:030

Only a and

49:20 – 49:362

We'll now look at the body cam footage from officer Rigsby. This one has been shortened, not near as long as the last one. Yep. Careful. You see the gun.

49:36 – 50:172

Right? Next, we have the first body worn camera clip from officer Garcia.

50:30 – 50:468

Don't you fucking put that rifle. Hold fire. Hold fire. Hold fire. Hold fire. Fire. Shots fired. Shots fired.

50:55 – 51:422

Next body worn camera video we watch is from officer Chevalier, who is on the opposite side of the vehicle from officer Rigsby. Think we're good here. Affirm.

52:15 – 53:092

now we're gonna watch another clip from officer Shvali's body cam. It's the same incident, but it's zoomed in to allow the viewer to see the rifle waving around inside of the vehicle. And, this will be also from officer Chevalier's body cam, and it's the moment right before the shooting when the rifle barrel comes out of the passenger window. It's difficult to see. It's flooded by light.

53:09 – 53:592

We'll look at another view from another camera that shows it a little clearer. This is from officer Abshire's body worn camera who was also on the north side of the black SUV. He did not fire as a reminder. We'll look at officer Lamb's body worn camera next. It's the one that shows the clearest view of the rifle barrel coming out of the passenger window.

54:01 – 55:022

We'll see a couple clips from this one. And slowed down with no audio. We'll now watch officer Dolan's body worn camera. As a reminder, she's in a patrol vehicle using the PA system to communicate with mister McCoy.

55:3410

Driver Driver in the vehicle, we do not wanna hurt you. Come out with your hands up.

55:428

Go. Driver,

55:45 – 56:2910

drop the gun. Come out with your hands up and empty. We do not wanna hurt you. Sending body worn down in twenty five seconds. Body worn down canceled. Pull. We do not wanna hurt you. Put the gun down. Come out with your hands up. Driver, I need you to listen to me. Okay? We do not wanna hurt you. I need you to put the gun down. Shots fired. Shots fired.

56:2910

Shots fired. Fall back. Fall back. Back.

56:37 – 56:562

We're gonna watch, a video from officer Pavlenko now. This is following the shooting on the approach to vehicle, which shows the 22 caliber long rifle in the lap of mister McCoy when they approached the vehicle.

57:057

Alright. Oh, he's in the vehicle. Rifle is down. We're gonna open the vehicle and extract enough.

57:27 – 57:482

we took this is a snapshot from that same video showing the gun in the position it was in when officers approached the vehicle after the shooting. We're gonna watch a second clip from officer Garcia's. This is also following the shooting and it's officer Garcia removing the weapon from the vehicle.

58:171

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

58:282

I believe officers Chevalier and De DeL'Orco began verbal commands when they arrived and it was approximately nine minutes from the time they began issuing verbal commands until the shooting happened.

58:391

And then were there any forensic tests, was there any forensic testing done as part of the investigation?

58:45 – 59:002

Yes, there was. Several evidentiary items were sent to the LVMPD forensic laboratory for analysis and or comparison. Among the items sent was a 22 caliber rifle possessed by Mr. McCoy at the time of the shooting. Gun was found to be functional.

59:01 – 59:412

I also submitted to lab testing the firearms used by the officers and the cartridge cases collected from the scene. The lab was able to determine that the number of rounds fired by each officer matched the reported number of rounds during the officer countdowns with the exception of Officer Garcia. As we talked about earlier, the lab was able to associate 25 cartridge cases with Officer Garcia's handgun, whereas the officer countdown suggested he fired 26 times given his magazines were loaded as he intended. The exact reason for the discrepancy is unknown. Also sent to the forensic lab were the 13 projectiles or bullets recovered from Mr.

59:41 – 1:00:112

McCoy's body at autopsy and one additional bullet that discovered during the autopsy preparation at the coroner's office. I asked the lab to associate the projectiles with the weapons from which they were fired. The lab was unable to associate three of the 14 bullets to any specific firearm due to damage and limited marks. The lab was able to associate the remaining 11 bullets with the officer's firearms as follows. Two nine millimeter bullets were recovered, or excuse me, were fired from officer Delorko's handgun.

1:00:12 – 1:00:382

One of the nine millimeter bullets was fired from typo, me, from Officer Ryan's handgun. Five nine millimeter bullets were fired from Officer Garcia's handgun. 1.223 caliber bullet was fired from Officer Barnes' rifle and 2.223 caliber bullets were fired from Officer Garron's rifle. And that concludes my presentation.

1:00:381

I have no further questions.

1:00:400

Okay. Mr. Ewing, proceed.

1:00:48 – 1:01:049

Are you now Sergeant Forsberg? Yes, sir. Sergeant, as you know, I'm the ombudsman. My responsibility is to ask questions on behalf of the public and also the subject's family, mister McCoy's family.

1:01:042

Yes, sir.

1:01:05 – 1:01:189

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

1:01:182

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

1:01:26 – 1:02:049

And other than that, we have no information about family members. Correct. And therefore, no one else was contacted to ask if they had any relevant questions. So I'll be focusing representation of the public and asking questions the public may be interested in. And also your presentation is very thorough. I don't intend to repeat a lot of stuff. Some things may be repeated just to provide context to questions. But I appreciate your presentation. There were five vehicles involved in the collision, including Mr. McCoy's Malibu. Is that correct?

1:02:042

Four involved in the collision and one witness vehicle that was the Tahoe. Right.

1:02:119

And the Tahoe was kind of the staging point for a lot of the police officers involved. Correct. Some on the right side, some on the left side. Yes.

1:02:19 – 1:02:342

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

1:02:34 – 1:02:469

vehicle to farthest. And when you talk about those five officers on the left side of the vehicle, is it true that the ones closer to the vehicle were the ones that discharged their firearms and the ones that were further away were ones that As did

1:02:48 – 1:03:012

the line of people got longer, they were forced to be farther and farther to the rear of Mr. McCoy's vehicle. So we only had a few officers testify that they had a good visual of Mr. McCoy inside of the vehicle. Those were the three closest to the vehicle.

1:03:01 – 1:03:219

So, the further they were away from the vehicle, the less their visual Let me ask that question. Further away they were from the Tahoe, the less they could see. Correct. And a couple of them made the decision not to shoot because they did not see the imminent risk of harm. Correct. And is that what they're trained to do?

1:03:22 – 1:03:592

Yeah, I mean it's a personal decision. It's tough to know from where they were standing what they should do, right? Like Officer Abshire testified, he knew that there were officers in position better to handle the threat than him. But he also has to feel confident that they're gonna make the correct decision to do that. And he obviously was because he didn't shoot. Not being able to actually see Mr. McCoy's entire body inside of the vehicle, I mean he still would've been justified given the threat and would've kind of had to just use his best guess on exactly where he should aim.

1:03:599

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

1:04:06 – 1:04:172

Not necessarily. Like in a situation like that where he was able to confirm that there was only person inside and the radio traffic was pretty descriptive on its positioning within the vehicle and they could see the barrel of

1:04:17 – 1:04:369

the gun, he could reasonably discern on where he should be shooting. Is is there ever a scenario when an officer can discharge their weapon simply because other officers are discharging their weapon? No. Can you explain that? Well, we

1:04:36 – 1:05:002

call that sympathetic gunfire if you are not sure. All officers are trained to be sure of their target and be sure of the threat. They have to recognize the ability and the opportunity of the suspect to inflict death or serious bodily injury. And they have to recognize that the situation is imminent and that other tools or ways of handling it wouldn't be appropriate. And were some

1:05:009

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

1:05:08 – 1:05:242

I don't know if any of them said they didn't specifically see the threat other than all of them acknowledged that the threat is real when the gun's waving around. But not all of them saw mister McCoy as trying to target something. Right? And

1:05:25 – 1:05:432

the case of like Officer Gutierrez Gonzalez, his attention was diverted at the time. So, I don't believe that he saw the gun come out of the window. I don't recall if any officers specifically said they never saw that. I know that the officers who were farther away didn't feel comfortable with taking a shot based on their limited view.

1:06:00 – 1:06:169

You testified earlier the initial thing you testified about was nine eleven calls were made. You identified five nine eleven calls, four of which expressed concern about the possibility of having a gun involved.

1:06:16 – 1:06:382

Yeah. I don't remember without looking at my report. It's been a year and a half since I wrote that up. But I know we took specifically two that we played here today that mentioned the gun. I don't remember how many of the calls or repeat calls actually mentioned firearm. Would you be surprised if your report indicated that four of

1:06:389

the five expressed concern about the possibility of the driver having an identity?

1:06:432

I would not be surprised. No.

1:06:46 – 1:07:289

Then you discussed the radio traffic between police officers after the nine eleven calls and identified and the dispatch broadcasted the call for service, directing vehicles to the location, identifying the race of the driver and the threat to harm and the description of the vehicle. Is that right? Yes. So a lot of cars responded. Was there any organization organization there? There? Was Was there there anybody anybody that was directing certain cars to go and certain cars not to go? There was some of it

1:07:28 – 1:08:022

you can hear in the radio traffic. After the initial officers started issuing verbal commands and people are coming to help, they're directing them, for instance, shut down northbound traffic on North 5th before Craig. An officer stops at Craig and Alexander, gets that shut down. As officer Pavlenko is arriving, officer Chevalier is directing him to stop eastbound traffic coming from the West through the scene. And I believe it's officer Clinton, is arriving and shuts down eastbound traffic.

1:08:02 – 1:08:242

But it takes some time. The initial thing is always to deal with the direct threat. And once they felt like they'd established some communication and it was somewhat stagnant, although it was never really fully stagnant. Then, we have officers in place to deal with the threat, and that's when they started directing people to shut down different parts of the intersection. So,

1:08:26 – 1:08:399

directing attention to the threat was a primary concern. Correct. Controlling traffic was a secondary concern. Correct. And from the videos that you showed us from the body cams, could see that really traffic never was completely controlled.

1:08:39 – 1:08:562

Yeah, it's a very busy intersection and with the threat of the gun coming out of waving around inside of the car, most of the officers had their attention directed there. They used their vehicles the best they could to stop traffic, but people don't like to be diverted. And if you're not out there to hold your hands up and stop them, they

1:08:56 – 1:09:199

will try to find a way through your scene. And you also testified that during the course of the of the altercation, all of the officers in their statements indicated that the suspect, McCoy, was waving the gun around inside the vehicle. Correct. But that one thing happened that precipitated the the gun gunfire. Yes. What was that one thing?

1:09:19 – 1:09:402

It was the gun being intentionally aimed at an officer. Which officer? It was officer Dolan perceived it directly at her. She was in the driver's seat of the patrol vehicle. Officer Garron was on the passenger side, and he also perceived that the gun was pointed at him. So that would have been the patrol vehicle west side of the intersection just south of the fire engine.

1:09:419

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

1:09:46 – 1:10:202

Yes. And why is that? At the point that Mr. McCoy is armed with the rifle and already, according to our 911 calls and what you can hear on the radio traffic, has threatened people with the rifle. As the gun's waving from side to side, specifically officer Ryan even mentioned the gun is pointed at them at different times. But it waves back and forth, and he was apprehensive to shoot based on not feeling the direct threat of the gun actually finding or pointing at an intended target.

1:10:219

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

1:10:28 – 1:10:522

Yes. Officer Ryan was one of them. Was arrived earlier than he's on on the North Side Of The Tahoe, and he's closest to it. And he was by himself for a while until officers Chivali and Delorco changed their position. And you can hear him multiple times telling him, stop waving the gun at us, stop pointing the gun at us, drop the rifle.

1:10:53 – 1:11:079

There was some discrepancy in opinion over what kind of a gun it was. Some called it a rifle, some called it a shotgun. Correct. And I trust there's no way to tell if it was a what what the caliber of the gun was. Is that correct?

1:11:07 – 1:11:252

Right. Not I don't think there was an officer anywhere close enough to be able to tell. And that particular type of gun, think part of the perception there was a shotgun is it has a tubular magazine, which almost makes it look like a double barrel break action shotgun. In

1:11:259

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

1:11:332

Well, rifles typically have a very high velocity and they can be fired accurately from longer distances. Were the officers wearing body armor? Yes.

1:11:459

I guess my question is, can 22 caliber rifles penetrate body armor?

1:11:54 – 1:12:102

Potentially. I'm not really an expert on that. I will tell you not knowing what it was and thinking that it could be a significantly higher powered rifle that can penetrate body armor was certainly a consideration.

1:12:12 – 1:12:282

officer safety? Yes. And mind you, the body armor only covers essentially what a tank top would, but stops below the belt line. There is plenty of opportunity for, even if it were to hit the vest, for serious injury to occur.

1:12:309

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

1:12:392

Nothing other than his general description. And he had caused an accident, and he possessed a rifle, and had potentially pointed at people who were trying

1:12:48 – 1:13:219

to render aid. They didn't know anything about his criminal history? No. And some of them appeared from the body cam. Some of them were suspicious he may be under the influence. Yes. But they didn't know for sure. Correct. But later on, we determined that he was under the influence of methamphetamine at a pretty high level. Methamphetamine and cocaine. And you said in your direct examination examination that it was sufficient to cause violent behavior, hallucinations, things of that nature.

1:13:213

Correct.

1:13:22 – 1:13:389

The officers didn't know that at the time that he was under influence. Correct. But were those findings consistent with Mr. McCoy's behavior? Yes. Was that significant to your investigation? I mean, it is. At the end of

1:13:38 – 1:13:582

the day, the actions are the actions. The officers can't determine whether somebody is acting a certain way because they're under the influence or not. I mean, one presented with a deadly threat like a gun being pointed at you, at that moment, any type of level of intoxication or anything is pretty irrelevant. You have to deal with the threat regardless of why it exists.

1:14:12 – 1:14:319

You showed the body cam of officer Garcia, and correct me if I'm wrong, but he was the officer that was behind the right rear door of the Tahoe standing on the running running board. Yes. Was the position of that officer significant to your investigation?

1:14:31 – 1:14:482

It was. From his elevated position, he was also the closest to mister McCoy with the most direct view through the window. So he was able to see his positioning and his actions the entire time that he was standing there. Much clearer than any of the other officers would have

1:14:489

been able to see. And how many shots did officer Garcia shoot, if you can recall? At least 25. And he actually chambered a second magazine?

1:14:58 – 1:15:172

Yes. As he said in his interview, he felt his slide locked back. He wasn't sure if he had run dry or his gun had malfunctioned. He reloaded. He expressed during his interview that he felt mister McCoy was still a threat, likely from his positioning in the vehicle, and continued to fire. And he's also the one that told everybody to stop firing based on what he was able

1:15:17 – 1:15:399

to see. And at the end of the shooting, where was Mr. McCoy's rifle? On his lap. And was that still perceived as being in a threatening area or a threatening location? Yes. And who was the one that saw that? Officer Garcia. And you said earlier he was the one that finally gave the command to stop shooting.

1:15:39 – 1:15:582

Yes. Which I believe everybody had at that point anyways. He was just reiterating from what he could see that it was no longer a threat and no additional force was needed. Your report indicated that actual shooting lasted nine seconds. That sounds about right.

1:15:589

Yeah. We watched the video together today. Did it appear like that was accurate? Or did you feel like it could have been even less than nine seconds?

1:16:08 – 1:16:232

I feel like it was less. I'm not sure. Watching it live, it doesn't seem long to me. Nine seconds seems like a lot. But I'm sure if I put that in the report, had actually timed it and that's why it would

1:16:23 – 1:16:469

have been in there. So you'd rely on your report? Yeah. There's lost shots fired. Yes. Around was it around ninety? Ninety two. Ninety two. What during the course of your investigation, what did you attribute to there being that many shots fired?

1:16:46 – 1:17:192

Well, when you break it down to seven officers shooting obviously has an effect on that. And, I think it breaks down to an average of about 13 per officer. Maybe minus one there. It's a pretty unique shooting, especially from, say, the standpoint of officer Garcia, who's got a view of the sky the entire time. And typically, we see an officer involved shooting is there's some type of visual stimulus to let the officer know, like, hey, reassess.

1:17:19 – 1:17:542

For instance, like a standing person. If an officer were to shoot at them and they fell, that would trigger in their mind that their rounds are being effective and might prompt them to reassess earlier. Where in this case, when Mr. McCoy begins, when the shooting begins throughout the entirety of the shooting, he's lying in the same position with essentially the gun in the same position. There's not really a visual stimulus there to tell them, hey, these rounds are being effective. Time to reassess. And the windows were tinted. Yes.

1:17:549

And it was nighttime.

1:17:56 – 1:18:092

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

1:18:229

to Malibu? In some of

1:18:26 – 1:18:492

the cases, yes. Mean officer Rigsby and officer Garcia are right next to each other. Officer Rigsby is shooting a rifle, is a more a point two two three caliber rifle, which is more of an ideal weapon to have if you have to shoot through a vehicle due to the high velocity and it tends to stay straighter as it passes through a vehicle. He only shot three times. He's right next to Officer Garcia.

1:18:49 – 1:19:122

But he's also at ground level. Officer Garcia is elevated. So, in that case, that didn't really factor in. But, when you get to the other side of the vehicle, I think they were closer in the number of shots. Officer Ryan being having the best view on that side, and if I remember correctly, also fired the most rounds from any officer on that side of

1:19:129

the vehicle. And he also had a handgun. Correct. So generally speaking, the Glocks fired more rounds than the rifles did

1:19:212

Yes. In the shooting.

1:19:439

And I believe you testified that one citizen was threatened. Yes. And one representative of the fire department was

1:19:522

threatened? Yes.

1:19:56 – 1:20:169

With the gun? Correct. It appeared that the 22 caliber rifle was pretty badly damaged. The stock was kind of blown apart with shots. But yet you could still test it to make sure it was functional. Correct. And that

1:20:162

was done? Yes, and it was functional.

1:20:23 – 1:20:579

And all officers interviewed who discharged their weapons indicated in their personal statements that they believed the threat to life was imminent? Yes. And based upon your investigation, would you testify that the body cameras you reviewed were consistent with all of the reported interviews? Yes.

1:21:04 – 1:21:202

With the exception of it's pretty rare that an officer who fires multiple rounds remembers exactly how many. So I wouldn't know if in the interview I asked all of them if they knew how many they fired, but sometimes that is inconsistent when we collect the evidence and review the body cams.

1:21:20 – 1:21:349

Understood. The autopsy report that you testified about earlier indicated that mister McCoy was hit or had wounds in excess of 50. Is that right?

1:21:342

Yes. The coroner was unable to tell the medical examiner was unable to tell how many times he had

1:21:399

been shot. Some of them were actually in the hands? One projectile could have caused more than one entry wound.

1:21:472

Correct. It can enter, exit, and reenter. If it were to go through a hand or something, say, on top of his body, it could go through the hand, into the hand, out of the

1:21:57 – 1:22:119

hand, and into the body. And because this was a 22 caliber rifle, there's no requirement that it be registered? Correct. And no indication that this particular weapon had ever been involved in any illegal activity?

1:22:112

No. It was after testing, I didn't get any results showing it linked to any other crimes.

1:22:199

I don't have any other questions.

1:22:22 – 1:23:040

Any follow-up? No. Okay. And is there any questions in the room? Okay. Not seeing any other questions in the room, this is gonna conclude the public fact finding review. It was held because the Clark County District Attorney's Office made a preliminary determination that no criminal prosecution of the officers involved in the death of Julian McCoy is appropriate. Clark County ordinance chapter 2.12 requires public review following such a determination. The purposes of today's hearing was to present the public with essential facts surrounding the death of Julian McCoy. Willard Ewing was appointed as the Clark by the Clark County manager as the ombudsman to represent the public and the McCoy family.

1:23:05 – 1:23:440

Mister Ewing was given an opportunity to ask questions to provide the public with review of relevant information regarding the use of force in this case. I was appointed by the Clark County manager as presiding officer to present over the to preside over this public review. I too was given opportunity to ask questions and 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 mister Ewing and myself copies of law enforcement investigation regarding the death of mister McCoy. The documents provided by the prosecution are considered pros public record.

1:23:44 – 1:24:050

If you missed any portion of this review and would like to obtain a recorded transcript, a video of the entire proceeding is available on Clark count on the Clark County website. That is www.clarkcountynv.gov. That concludes the police fatality public fact finding review and the death of mister Julian McCoy. Thank you. Everybody have a good day.

1:24:051

Thank you.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.