Police Fatality Public Fact-finding Review - Regular Meeting

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 Javier Flores is appropriate. Clark County ordinance chapter 2.12 requires a public review following such a determination. This is not a trial. For the purposes of today's proceedings is to present the public with the central facts surrounding the death of Javier Flores. Chief deputy district attorney Elizabeth Mercer will preside over the fact finding review on behalf of the district attorney's office.

She will determine the witness or witnesses to be called. The ordinance does not provide subpoena power on my behalf and does not allow for any other party to call witnesses. Willard Ewing is has been appointed as the ombudsman. He represents both the public and Flores' family. He will be have the opportunity to ask question of the witness or witnesses.

The procedure for questioning witnesses shall be informal with a view providing the public with relevant information regarding the use of force. The rules of evidence shall not be strictly enforced. Members of the public observing this review may submit proposed written questions on forms written and located in the back of this room and present it to one of the officers. I will then ask the questions unless I determine that it is irrelevant, redundant, or an abuse of this review process. At the conclusion of this review, no formal determination regarding the manner or cause of death shall be rendered. Does anybody have anything to add? Okay. Miss Mercer, you may proceed.

Thank you. The state calls detective David Wells. Good morning, sir.

Good morning.

Where are you currently employed?

The city of North Las Vegas Police Department.

And how long have you been employed with the North Las Vegas Police Department?

About nineteen years.

Were you working as a North Las Vegas Police detective on 12/31/2023?

Yes, I was.

Were you assigned to a specialized investigative unit?

I was assigned to section.

And as a homicide detective, was one of your job duties also to respond to what is called an officer involved shooting?

Yes,

ma'am. Could you please tell us how it is that you get notified of an officer involved

shooting? Typically, the on scene patrol supervisor will notify the detective bureau supervisor, who then notifies the detectives that are on standby at that time.

And do you typically respond to a scene in person? Yes. Who else responds to the scene with you?

Other detectives and crime scene investigators.

What is a crime scene investigator?

Crime scene investigators are tasked with collecting collecting evidence evidence and and processing processing evidence and documenting the scene.

Now on 12/31/2023, were you specifically asked to respond to an officer involved shooting that occurred at 2836 Taylor Avenue?

Yes I was.

And were you designated as the lead investigator on that shooting? Yes, ma'am. Did you in fact respond to the scene?

Yes, I did.

Could you please tell us a little bit about the location of the scene?

2836 Taylor is located just south. The major cross streets are Lake Mead to the North and Owens to the South, Civic Center to the West, and Pecos to the East.

And it's clearly a residential area?

Yes.

What time of day did this officer involved shooting occur at?

It occurred at about

Was it nighttime? Yes. And was it still nighttime when you responded?

Yes. It was about 08:07.

Were you all out at the scene? And when I say you all, I mean you and other members of law enforcement and crime scene analysts. Were you out until the sun came up the next day?

Yes.

And is that why we see some photos in daylight?

Yes.

Okay. When you responded to the scene, did you learn how many involved officers there were and how many witness officers there were?

Yes. There were three involved officers and one witness officer.

And when you use the term involved officer, what are you describing? What does that mean?

Involved officer means one of the officers that used force or was directly involved in the reason for the use of force, whereas a witness officer simply witnessed what happened.

Who were the three involved officers in this event?

First officer is officer Cruz, p number 2869. He was hired by the North Las Vegas Police Department in August 2022. He was assigned to patrol at the time, South Area Command. His call sign was 3Baker2. He was in a two man unit with officer Toller. They were operating a march patrol vehicle in full uniform. Officer Cruz had body worn camera equipped and he did agree to provide an interview to us.

Okay. And then the next officer was officer?

Officer Toller. His PIN number is 1665. He was hired by the North Las Vegas Police Department in February 2004. He was also at the time assigned to patrol. He was a motor officer normally, but for the New Year's Eve, he was assigned to patrol South Area Command, also three Baker 2, riding with officer Cruz in a marked patrol vehicle. He did have body worn camera equipped. And, he also agreed to give detectives an interview.

And then the third involved officer was officer Walker, correct?

Yes. Officer Walker was hired in July 2018. He was assigned to patrol South Area Command. His call sign at the time was 3. He was in a two officer unit with Captain Walker, no relation, operating a marked vehicle in full uniform. He had body worn camera. And he also agreed to give detectives a interview.

And in this specific case, there was one witness officer. Is that correct?

Yes, ma'am.

And who was that?

That was officer Walker. Or, I'm sorry, Captain Walker. He was hired in February 2002, assigned to patrol, riding with officer Walker, operating in the same vehicle, marked vehicle in full uniform. He was not wearing body worn camera at the time. And he provided us with a walk through that night.

Okay. During the course of your investigation and upon your arrival at the scene, did you identify the decedent in this event?

Yes, ma'am.

And who was that?

The decedent was Javier Flores. What was his age? He was 39 years

old. And sorry. Were you about to say something else?

Yeah. He's a resident of North Vegas. Should he have survived the applicable charges, he would have been charged with three counts of assault with a daily weapon on a police officer, nine counts of assault with a daily weapon, two counts of child neglect, possession of stolen property, firearm, carrying a concealed weapon, and prohibited person in possession of a firearm.

With regards to this event, did you have occasion to put together a timeline during your investigation?

Yes I did.

And what sources of information do you use to compile a timeline?

Timeline's based on our CAD, our computer assisted dispatch system, nine eleven calls, radio traffic, and body worn camera footage.

And could it sometimes also be from other video that's gathered during the course of the Yes. Okay. Could you please walk us through the timeline as it relates to this officer involved shooting?

Yes ma'am. So again, this occurred on 12/31/2023 at 06:57PM, the first 911 call was received at thirteen o four Putnam Avenue. At 07:05PM, officer Walker and captain Walker arrived at La Bonita. This was in relation to the Putnam call, So, a 911 call was called on the decedent before the incident at 2836 Taylor, which I'll get into. At seven zero 6, so about a minute later, a second 911 was received from 1304 Putnam Avenue.

At 07:49PM, the 911 call was received from 2836 Taylor Avenue. At 08:02PM, officers arrived at 2836 Taylor Avenue. At 08:07 and nine seconds, the decedent's truck arrived on Taylor. At 08:07 and forty three seconds, the truck door opened and decedent began to exit. At 08:07 and forty eight seconds PM, shots were fired.

At 08:08 and thirty two seconds, medical was requested over the radio. At 08:16 and forty seconds, North Las Vegas Fire Department Rescue fifty one was on scene. The decedent was transported to UMC Trauma. At 08:30 p. M, the decedent arrived at UMC Trauma, and 09:31 p. M, death was pronounced.

Okay. So you indicated there were two different addresses for which calls for service came in

Yes ma'am.

That pertained to this specific decedent? Yes. With regards to the call for service at 1304 Putnam Avenue, can you please tell us about that?

Yes. So at 06:57 p. M. On 12/31/2023, caller one requested police to 1304 Putnam. The caller stated they were on the way to a New Year's Eve party at 1304 Putnam Avenue. The caller was in a vehicle with five other family members and friends, mostly children. When the vehicle arrived at 1304 Putnam, the decedent pointed a gun at them. They turned around and drove to La Bonita Supermarket located at 2203 Civic Center where they awaited police. At about 07:06PM, the second caller called 911 from 1304 Putnam. The caller said that the decedent was armed and had been at the house.

The caller stated the decedent left in an older model, gray pickup with the Nevada license plate ElJaviELJAVI.

And what did you learn about the initial investigation that took place at 1304 Putnam Avenue?

So officer Walker and captain Walker responded to La Bonita where they interviewed the occupants of the vehicle that had the gun pointed at them. Meanwhile, other officers went to 1304 Putnam where they spoke with the witnesses. Officers learned that caller one from 1304 Putnam, caller number two, the second caller, had a five year old and child in common with the decedent. The decedent came to the house and demanded to see the child. When he arrived, he had his other child, a nine year old, in the truck with him.

According to the witnesses, the decedent appeared intoxicated. The decedent pulled out two pistols and pointed them at some of the residents as he demanded to see the child, the five year old. In an attempt to appease the decedent, the family brought the child outside to see him. The decedent hugged the child and eventually left the house. Officers collected video surveillance footage from 1304 Putnam which captured this incident. The video showed the decedent arrived at the house at about 06:53 and left at 07:06 p. M. And this is video from 1304 Putnam. We can see the decedent raise the pistol at the car, which turned around and drove away.

So the car that just did the u-turn was the call the first call for service at 1304 Putnam Avenue?

Yes, ma'am. That later went to La Bonita.

Okay. And then with regards to the call for service at 2836 Taylor Avenue, can you please tell us about that?

Yes. So on the same night, about an hour later at 07:49PM, North Las Vegas police dispatch received a 911 call from 2836 Taylor. The person reported stated that the decedent was outside the house with a firearm. The decedent was pointing the gun, the firearm in the air. The caller stated the decedent was in an older model Chevrolet with his nine year old son. The caller stated the decedent left in an unknown direction.

And what did you learn about the initial investigation that took place at that address prior to the officer involved shooting?

So after hearing the call for service at twenty eight thirty six officers responded to that address. Officers Cruz and Toller, again call sign three Baker two, arrived at about 08:02 p. M. Officer Walker and Captain Walker, who had investigated the call at 1304 Putnam, heard the call for service and went en route and arrived about thirty seconds after officers Cruz and Toller. Both units parked their patrol vehicles on Stats, which is just about two fifty feet east of 2836 Taylor. So this is a map indicating where the officers parked in relation to the house. So, it's essentially around the corner. And they approached from the east to the west.

Okay. And what did the investigation reveal with regards to that call for service?

So, officers Cruz and Teller, along with officer Walker and captain Walker, began their investigation. Officer Cruz spoke with the homeowner who for to protect their identity, we'll call him A. There was a new they learned there was a New Year's Eve party at the house. There were at least 16 people at the house at the time of the incident. MA stated the decedent showed up at the house with two guns. MA was able to get one of those guns away from the decedent. This is all prior to to the officer. They're interviewing in MA and this happened prior to their arrival. MA then handed the gun to the officers. At that point, Officer Walker and Captain Walker walked back to their patrol car on stats to secure the weapon.

As officer Walker and captain Walker were near the patrol vehicles, the decedent returned to 2836 Taylor and his truck.

And was it at that point that the officer involved shooting occurred?

Yes.

Could you tell us about the circumstances specifically pertaining to the officer involved shooting?

Yes, ma'am. So, officer Cruz and officer Totter were still at the front of the house when the truck arrived. There were also multiple family members and partygoers at the front of the house with the officers. When the truck arrived, the witnesses confirmed it was the decedent, Javier Flores. Officers Cruz and Tuller moved to the sidewalk and gave the decedent multiple commands to stop the truck. The suspect truck stopped 100 adjacent

to a blue Honda which was parked in front of 2036

Taylor Avenue. At 08:07 p. M, the the driver's door opened and the decedent exited. Officer Cruz and officer Tuller gave multiple commands in English and Spanish for the suspect to show his hands. The decedent reached back toward his waist and produced a handgun. Meanwhile, officer Walker was approaching from the east on the street from Stats. All three officers saw the threat and fired their department issued handguns. The decedent went to the ground on the south side of the blue Honda. Officer Toller, who had repositioned to the south of the decedent, saw the decedent raise the gun again. Officer Toller fired a second volley until he perceived the threat was over.

Officer Walker also saw the decedent raise the gun for a second time and fired a second volley of rounds. Officer Walker removed the nine year old from the decedent's truck and moved him to safety. Medical was requested transported to UMC Trauma.

You previously mentioned that all three involved officers were equipped with body worn cameras?

Yes, ma'am.

And I assume that their videos were gathered and reviewed by you?

Yes.

Could you please walk us through the various body worn cameras that you collected and reviewed in this case?

At this time, I would like to remind the public at large that the following material is required to be presented and may contain graphic images and language. Viewer discretion is advised. Thank you.

So we'll first look at officer Cruz's body worn camera. There's two videos. The first is the real time video not edited for any purposes, starting from when the decedent arrived in his truck. The second video is slowed during the time of the shooting. I did this for all three videos. So we'll watch offshore cruises first.

Good kid. That's part of it. Hold on. What? What? What? What? No.

Sending bodywork down in ten seconds. Sending bodywork down in five seconds. Bodywork down.

Are you okay, buddy? Yeah. I'm gonna.

So again, this second video will be officer Cruz's video zoomed in at the time of the shooting.

Ty. Move around and get the nine year old out of the car. We got it. Hey. You got it. Hey. Get the kid. Get the kid. Get the kid. I just put a little. What did

we just see? Right there. What? My dad is you.

No. At that point, officer Toller kicked the gun away. Okay.

The suspect's gun? The decedent's? Sorry.

Yes, the decedent's gun that he had pulled out.

Okay. And then could you walk us through Officer Toller's body worn camera please?

Yes. Again, this video is full speed on the first one.

Avi's right here. He's in the great truck pulling over to you guys.

Do you wanna rest?

Yes. He's backing up. Stop.

Stop. Stop. Stop. Is everyone safe in the house? You just fire in our direction.

And this second video will depict officer Teller's video zoomed in and slowed at the time of the shooting.

Avi's right here. He's in the gray truck pulling over to you guys.

Do you wanna rescue me?

Yes. He's backing up. Stop. Stop. Stop. Stop.

Got it. Get kid. Get the kid. And

then the last video is officer Walker's, correct?

Yes. Officer Walker's first video, full speed.

Hey. Let me drop this gun. Hey. Be mindful. He might have a nine year old in that car.

Hey. Jesus Christ. Hey. Crossfire. Crossfire. Ty, move over to me. Ty. Ty, move to me. Move to your right. I got him.

And the second video slowed and zoomed in.

Hey. Be mindful. He might have a nine year old in that car. Drop it. Drop it. Hey. Jesus Christ. Hey. Cross fire. Cross fire. Ty, move over to me. Ty. Ty, move to me. Move to your right. I got him.

Got him. Got him. Get him. Get him. Come here, bud.

When officer Walker's video first picked up, he was at his patrol vehicle. Was that the point at which he and Captain Walker were securing the first firearm that was in the possession of the decedent earlier?

Yes, ma'am.

And at the time of the officer involved shooting, they knew that he was potentially still in possession of a second firearm, correct?

Yes ma'am. Okay.

And then could you please walk us through the actual scene itself as well as any evidence that was recovered that was pertinent to your investigation?

Yes, so this first slide depicts what we call two d diagram. It's basically all of the evidence marked. And the next slide we'll break down the specific cartridge cases from matched Officer Cruz's gun later in the lab. 10 cartridge cases total were recovered from that later matched Officer Toller's gun. We can see here in this slide that the first volley of five that he fired when he was on the north side of the Blue Honda closer to Officer Cruz, and then another five after he moved around south of the Blue Honda, south of the suspect.

And then eight cartridge cases from officer Walker's gun were located just to the east walked west toward the suspect. This slide depicts Javier's firearm location after being kicked by Officer Tuller.

Detective Walls, what is a weapons countdown?

Countdown is something done by CSA and detectives after an officer involved shooting, which involves literally counting the bullets that were missing from the officer's weapons. So we take all of their magazines and firearm and determine what they had loaded into the magazine and what are now missing from both magazines and gun.

And some officers also chamber a round before inserting a loaded magazine, correct?

Yes.

Okay. And so that's information that you would obtain during that process as well?

Yes ma'am.

Okay. Could you please tell us about the involved officer's weapons and the results of the countdowns that were conducted in this case?

Yes ma'am. Officer Kruse's weapon was a Glock seventeen nine millimeter handgun with a TLR one weapon flashlight. The evidence on the scene was consistent with the countdown. Both revealed that officer Cruz fired six rounds from his weapon. Officer Toller's weapon was a Glock 21, which is a 45 caliber handgun.

The evidence on the scene was consistent with the countdowns. Officer Toller fired 10 rounds from his duty weapon. And officer Walker's weapon was also a Glock seventeen nine millimeter with a tach light. The evidence on the scene in conjunction with the body cam and the countdowns were all consistent, showing officer Walker fired eight rounds from his duty weapon.

And what, if anything, did you learn about the two firearms that were in the possession of the decedent at the time of the officer involved shooting?

The decedent, so the first firearm that was handed to officer Walker from MA, the resident, at 2836 was a Glock forty two three eighty. It was later a records check was conducted on the gun and it showed that it was stolen out of Henderson Police Department in 2017. The firearm that he had on his person at the time of the shooting was a Ruger p 95 d c nine millimeter. This firearm had an obliterated serial number, so we were not able the lab was not able restore that. So we weren't able to conduct a records check on it.

Near the decedent's firearm was a black magazine loaded with seven nine millimeter cartridge cases and also nearby was one nine millimeter cartridge separate from the magazine and the gun.

And were you able to ascertain whether or not the decedent fired any rounds prior to the shooting occurring?

There was no evidence indicating the decedent fired his weapon.

Thank you. Were various lay witnesses that were present at the scene and at the prior calls for service interviewed?

Yes.

Could you please tell us what you learned as a result of those interviews?

Yes ma'am. So our first interview was with MA. MA told us that the decedent showed up at 200836 Taylor intoxicated. Pulled out a gun. According to MA, the decedent did not threaten her, but he said he was doing real bad right now. The decedent was asked to leave. Again, there was a New Year's Eve party going on at the time. As he was doing so, he backed his truck into a blue Honda Accord. The owner of the blue Honda Accord, AB, came outside. AB and the decedent began a fight.

During the fight, the decedent pulled out a gun. MA's husband and other males came out from the party. The decedent continued fight and point the gun at people. At some point, another gun fell out of the decedent's waistband area. M. A. Picked up the gun, went inside, and called the police. The decedent left in his pickup truck. M. A. Was speaking with police when the decedent returned to the house. She indicated the officers to the officers that it was Javier in the truck. Mae explained that the decedent was depressed and had told Mae in the past that if he were to get into a confrontation with the police, he was going to shoot it out with them. We then interviewed AB. AB explained he was at the house for a New Year's Eve party.

AB was in the backyard when he heard the crash. AB went out front and saw the decedent had hit his vehicle. AB asked what they were going to do about it, which made the decedent upset. At that point, another male, RG, came outside to assist and began taking pictures of the accident. The decedent then took out a gun and said something like, I'm gonna kill you.

He kicked AB to the ground and pointed the gun at him. The decedent attacked AB and RG. During the scuffle, AB saw the decedent pistol whip RG on the head. AB saw the additional gun fall out of the decedent's waistband. AB was near and with regard to the officer involved shooting, AB was near officer Toller in the driveway when the decedent decedent returned in his truck.

He indicated that it was Javier and then went toward the back of the house, so he did not see the actual officer involved shooting. Next we interviewed RG. His story was consistent with AB. He had come outside and allowed AB to use his phone to take pictures of the traffic accident. The decedent attacked AB who ended up on the ground. This is all according to R. G. The decedent stood over A. B. And pointed the gun at him. R. G. Tried to pull the decedent back and told him to stop. The decedent then pistol whipped R. G.

On the top of the head, threw him to the ground, kicked him, and then racked the slide of the gun and pointed it at RG. The decedent then went to his truck and drove away. RG did not witness the officer involved shooting. We then spoke with MC, who lived at the residence and is the husband of MA, who we previously spoke to and was the person calling 911. MC learned that the decedent arrived at the house and was intoxicated.

MC advised the decedent that he needed to leave the residence. While MC was talking to the decedent, the decedent pulled out a gun and showed it to MC. He did not threaten him but said, come on man, let's hang out, let's do drugs together. MC declined and decedent attempted to leave, but his truck collided with two cars. MC's statement was similar to that of AB and RG.

However, he claimed that the decedent pulled the trigger when he was pointing the gun at RG. MC heard a click, but nothing happened. The decedent then got in his truck and left. MC was present during the officer involved shooting and witnessed the decedent exit the truck, pull off out a firearm, and point it at the police. MC also stated, like MA, that the decedent previously told him on multiple occasions that if he had any confrontation with the police, he would shoot it out with the police.

We spoke with CG who was parked in a vehicle that was in the driveway of 2836th Avenue when he saw the decedent back his car into the blue Honda. The decedent then pulled forward and collided with CG's Toyota Highlander, which was on the west side of that driveway there. The decedent got out of the truck and proceeded to argue with AB. CG's account of the assault was consistent with the other witnesses. CG witnessed the decedent pull out the gun and point it at AB and RG and pistol whipped RG. CG also claimed that the decedent pulled the trigger when pointing the gun at AB, but no round fired. CG was outside at the time of the officer involved shooting.

And then you previously indicated that all three involved officers provided statements to you all and that Captain Walker provided a walk through?

Yes.

Could you please tell us what you learned from the involved officers starting with officer Cruz?

Yes. So officer Cruz agreed to give us a statement. His attorney was president. Officer Cruz explained the details of the call and how they came to be at 2836 Taylor. He was speaking with MA, who explained that the decedent had pointed a firearm at multiple people, and MA produced one of those firearms. As officer Captain Walker were walking the firearm back to their patrol vehicle, the decedent arrived in his truck with his nine year old son. Officer Cruz remembered giving the suspect verbal commands. The truck stopped and then reversed. The suspect reached back and produced a firearm and pointed it at officer Cruz. At no point did the decedent acknowledge the officer's commands.

Officer Cruz feared for his life, his partner's life, and the civilians who were behind him when he fired his weapon. We then spoke with officer Toller. He was also accompanied by his attorney. Explained that while officer Walker and captain Walker were taking the gun back to the patrol vehicles, officer Tolar was making small talk with the witnesses who had come out from the backyard. The decedent's truck drove by and the witness said, that's him.

Officer Tolar moved to the sidewalk and gave the decedent multiple commands. Officer Tuller could see a child in the passenger seat. Officer Tuller recalled how the decedent stopped the truck and got out. Officer Tuller described how the decedent had a thousand yard stare and looked right through him. Officer Tuller saw the suspect produce a firearm.

Officer Tuller did not know who fired first, but believed the decedent had fired his weapon at officer Cruz. Officer Tuller discharged his firearm and saw the decedent go down behind the blue Honda. Officer Tuller circled around the blue Honda so he could see the decedent since he didn't know if he was hiding behind the car or shot. Officer Tuller approached the decedent and issued commands for him to show his hands. The decedent raised his right hand which still had the gun in it.

Officer Tuller stated the gun was pointed at him at that point. He then shot shot again. Officer Tuller ceased firing when he saw the decedent's hand fall and then kicked the gun away. Next, we interviewed officer Walker. He recalled how he and Captain Walker explained the call to La Bonita and spoke with the occupants of the car from 1304 Putnam.

He later heard the call at 2836 Taylor Avenue over the radio. He realized it was the same suspect they were investigating at 1304 Putnam. Officer Walker and Captain Walker then responded to 2836 Taylor. Officer Walker received a pistol from M A, and he and Captain Walker took the firearm to their vehicle. While they were at the patrol vehicle, someone advised over the radio that the decedent had returned.

Officer Walker began to walk back westbound on Taylor Avenue. He saw a truck matching the description of the decedent's facing eastbound on Taylor Avenue. Officer Walker saw the decedent get out of the truck. At that time, officers Cruz and Toller were on the other side of the blue Honda. Officer Walker saw the suspect reach both hands to his waistband and quickly produce a firearm and point it at officers Cruz and Toller.

Officer Walker was fearful for the lives of his fellow officers and the lives of the people in the house. He felt that he had no other choice other than discharge his firearm. Officer Walker saw the decedent fall to the ground. He saw the decedent moving around and situating himself, and it appeared he was reaching up to fire blindly over the Honda. Therefore, officer Walker fired again. After the second volley, the decedent stopped moving.

What is a walk through?

A walk through at the scene and an officer or witness officer walking through the scene with detectives and CSI to point out where officers were, what they observed, and where evidence might be.

And what did you learn as a result of the walk through that was conducted with Captain Walker?

Captain Walker conducted a walk through the night of. He explained how he had accompanied officer Walker back to the car to secure that Glock 42. They learned sometime around the time they were at the car, they learned the decedent had returned to the house. Captain Walker was walking westbound on the sidewalk, so now he's not in the street, he's on the other side of the car, he's on the sidewalk. And he's walking westbound. So for that reason, he was not able to see the decedent pull out a gun or his actions. He heard the shooting and moved up to Officer Cruz and by this time the shooting was over.

Last, was an autopsy performed?

Yes ma'am. Autopsy was performed the next day on 01/01/2024 at about 10:44. The forensic pathologist was Doctor. Simons. Doctor. Simons determined the cause of death was multiple gunshot wounds.

And was toxicology done in this?

Yes, toxicology showed a blood alcohol concentration of point one eight nine.

I have no further questions.

Okay, Mr. Ewing, can proceed.

Detective Wells, good morning. Good morning, sir. As you know, I've been appointed as an ombudsman to represent the citizens of our community as well as the family of the subject, to this case Xavier Flores, and ask questions that they may want to have answers to. And for the record, I did reach family members, the phone numbers I had access to, and never received a return call. So, detective Wells, my questioning is going to be topic organized as opposed to a time sequence.

And I wanna start first with the, two guns that were attributed to Javier Flores. You indicated in your testimony that the first gun was a Glock forty two three eighty caliber semiautomatic handgun. Is that correct? Yes, sir. And this is the gun that was dropped by Flores at 2836 Taylor Avenue during a struggle with people who were at the residence? Yes, sir. The gun was picked up by Flores' sister? Yes. And I believe for this hearing, it sounds to me like we're protecting the identity of these people, not using their names?

I'm referring to them by initials.

And I'm gonna try to do that too. But this was his sister, and she later handed the gun to officer Walker who secured it in his patrol vehicle?

Yes.

That gun you testified was reported stolen out of Henderson some time earlier? Yes. And, it was unknown how Flores came to possess that handgun. Correct, sir. That gun, you also testified that there was no evidence that that particular gun had been fired that night. That is correct, sir. But you also, I think your report also indicated that the gun was tested for functionality and it operated appropriately. Yes. So had the gun been used appropriately, it was capable of firing rounds? Yes, sir.

Were you aware when the gun was handed over to officer Walker if there was actually a cartridge that was chambered and ready to be fired?

I don't recall. I don't recall. I know that when he secured it into his car, he had made it clear. So I don't recall if there was actually a round in the chamber when it was handed to him.

And clearing the gun before securing the gun would have been standard operating procedure? Yes. When you were testing the functionality of that weapon, did you also have the magazine tested for functionality?

Yes. I believe we sent them to the Las Vegas Metropolitan Police Department forensic lab for testing and functionality and the report came back that they were functional.

The gun and the magazine? I believe so, yes. And you also testified that at the two locations that we're talking about, the Putnam address and the Taylor address, at both of those occasions, Mr. Flores did point the gun at different individuals. Yes. But at the at the Putnam address, we don't know which gun that was. Correct? We don't know if it was the

the Yeah. It's hard

to tell from that video which which gun it is. Okay.

The second gun was the Ruger nine millimeter, which mister Flores had in possession at the time of the shooting.

Correct? Yes, sir.

This gun had an obliterated serial number, which you attempted to have forensically, chemically restored, but that failed. Yes, sir. And it was also unknown how mister Flores came in the possession of this handgun. That is correct. And, there was also no evidence this gun was ever fired during the incident?

Yes. That we had no evidence indicating that he fired that weapon. But you did test that gun and established that it was functional?

Yes, sir. And were both magazines tested to establish functionality?

Yeah. To be honest, I believe the lab uses those magazines when they test the functionality. And was there any evidence as to whether or not that gun had a cartridge chambered when the shooting occurred? I cannot recall if because there was that cartridge on the ground and the magazine on the ground as well. So I don't believe it was chambered after having been kicked by Officer Toller. There was evidence that witnesses said that Mr. Flores racked around into the chamber.

Is that right? Yes. Or at least attempted to. Yes. Could that have been how the round on the ground came to be on the ground when that occurred?

It's possible that he manipulated that firearm. Based upon your review evidence, can you see any other explanation why a live round would just

be laying on the asphalt? It's possible that during the kicking, it looks to me like when Officer Tuller kicks the firearm, the magazine flies out at the same time. It's possible a round comes out of that magazine at that time. At that time.

And you all That's

all speculating. But it's based upon your training experience and how you could interpret the Yes. You also sent the guns out both guns out to be tested for DNA. Is that correct? Yes. And that both guns the DNA collected was then compared to mister Flores? Yes, sir. And the DNA was found on both the trigger and the grip slide for both of those weapons? Yes, sir. And the grip slide is the thing that you have to grab to chamber a round into a gun?

Yes. Now I wanna direct your attention for a few minutes to the firearms of the police officers involved and the officer involved shooting.

Shooting. Let's focus first on on, officer Cruz's firearm. You testified well, first of all, when you establish evidence regarding the

actual officer shooting, you had the officer's statements. Correct? Yes. You had the body cam. Correct?

Yes, sir.

You had the forensic evidence? Yes. And you had the countdown? Yes, sir. And with Jesus Cruz, all of those items of evidence indicated he fired six rounds in rapid succession volley. In Yes. And that was consistent with all different evidence modalities that you had? Yes, sir. And it also appears, from my view of the body cam, that the firing of the rounds, the six rounds, was definitely no more than three seconds in length, probably two seconds. Does that sound about right?

Yeah, rapid. Now the video that we watched, the

body cams we watched, it was difficult to tell which handgun was firing which shots, because they were all kind of happening at the same time. Right?

Yes, sir.

Officer Walker, his body cam and also the other evidence you had indicate that that initially he fired four shots in one volley. Correct? Yes. After some movement by the subject, he fired an additional four shots. Yes, sir. And that's consistent with the forensic evidence collect as well. Right? Sorry. Yes, sir. And it looked to me like the two volleys of shots that officer Walker fired took about six to seven seconds. Does that sound about right? If you know.

I'll have to trust you on that one. I didn't time it. Don't think it's pretty fast though.

Yeah, it was. Okay. And officer Toller, the evidence revealed that he shot four shots in less than two seconds in the first volley, followed by a second volley of six shots for a total of 10 shots.

I thought it was five and five. Am I incorrect

on your report. Okay.

That's what I said in my report then.

Yes. But regardless, it was 10 shots. Yes, In in two separate volleys.

Yes, sir.

And all of this was also consistent with the officer ammunition countdown. Correct? Yes, sir. Now

one of the questions that sometimes the public likes to understand is, in what circumstances can the police officers arrange to have a less lethal weapon available to use in the event of something like this? Can you explain how that decision is made and how the police may elect to have a lethal weapon available for their use. Yeah, think in all situations, a less lethal option, when practical, would be utilized if they could. I think in this situation it just happened so fast that they weren't able to implement a less lethal option. And also if deadly force,

somebody, if an officer is faced with a deadly encounter, then they need to use their firearm instead of a less lethal option.

Did the officers know that Mr. Flores was coming back for a second time to the residence on Taylor Avenue? They they did not. And I guess they would have had to react fairly quickly?

Yes, sir.

Do you know if they had, less lethal weapons in their vehicles that they could have used?

I don't know what was in their off the top of my head, don't know what was in their vehicles. I know that they have less lethal options on their on their person, such as taser. But is it safe to say

that in this case, the main reason why those resources weren't utilized was because of a lack of time?

Yes sir. Lack of time and in the same second the deceased exited the vehicle, he was pulling out a firearm. And from the moment he exited the vehicle until all of the shots had

been fired was a matter of seconds?

Yes, sir.

The autopsy report identified sixteen gunshot wounds to Javier Flores. Is that correct?

Yes, sir.

And if you added up all of the shots fired by police officers, it looks like the total is 24.

Yes, sir.

In two separate volleys. Correct? Yes. But the volleys, time wise, were very close together. Yes. Officers are trained to shoot center mass. Correct? Yes, sir. I don't know if you can answer this or not, but when an officer involved shooting, how do they know when to stop shooting?

Well, typically there's a visual cue that tells the officer to stop shooting, and then the officer has to make the decision, like send the brain processing signal to their hand to stop shooting. Visual cue could be a suspect dropping the gun and falling, or dropping the gun and giving up. Whatever the visual cue may be, it can be different in different situations. I think in this situation the visual cue was the, according to the officer's interviews, that Javier put down

his arms and stopped moving. Is it safe to say that their objective is to

take care of the threat? Yes. And does the type of weapon that a subject has, whether it be a firearm or a knife or a baseball bat, does that have some contribution to the officer's analysis of how many shots they're gonna fire?

Yes, sir. Absolutely. Explain that, please.

In order for a deadly force to be authorized, a suspect has to have the ability to inflict harm. So a firearm gives somebody much it's easier to inflict harm from a longer distance than a baseball bat. If somebody is 75 feet away, their ability to kill you with a baseball bat is much less than if they have firearm. So for example, in

this case, if Mr. Flores had had a knife and the officers decided to fire that first volley of shots, the fact that he only had a knife may have prevented them from deciding to fire the second volley of shots?

Would theoretically, yes. Yes.

Because I don't remember if it was officer Walker or officer is it Toller that testified or said in a statement, it looked like he was trying to shoot over the top of the car when he came Yes.

Officer Walker made that statement, that it looked like he was trying to fire blindly over the top of the car.

So with a handgun, the officers could have reasonably perceived that that was still a threat. Absolutely. Whereas perhaps with a knife it wouldn't have been. Correct. There was two locations of interest in this case.

There was the Putnam address and the Taylor Avenue address. And your timeline indicated that the call from the Putnam address came at about 06:57 p. M, I believe. And you testified already about kind of what happened there, that was some that their people were preparing for a New Year's Eve party, correct? Yes. Now the one part that I was confused about, was there two New Year's Eve parties?

Yes. Or was

because I was wondering if maybe the people from Putnam were actually going over to Taylor.

No, no. Just Javier was going to both addresses. There's Putnam and a New Year's Eve party at Taylor. Javier had relations, whether it be he had relatives at both. Do you know how far apart the two residences were? A couple miles. They're both in North Las Vegas and not that far away from each other.

And at the Putnam address, you collected evidence that Flores pointed a firearm at a vehicle that had pulled up. Yes. And the vehicle quickly left. Yes. And went to the La Bonita supermarket. Yes sir. And called 911.

Yes sir.

So were the individuals in that car, were they interviewed at La Bonita? Yes, sir. And this car had several people in it, like six people, right? Yes. Some kids, some adults. And some of those people knew Flores and were able to identify him during their interview. Some people didn't know him and they were not able to identify him. That is correct. But yet the stories of all six individuals corroborated each other. To the extent that they of the information that they had?

Yes. You

said that people at the Putnam address believed that Flores was

intoxicated. Yes.

And in fact, his blood alcohol was like point one eight six. One eight nine. One eight nine, and that's twice the legal limit. Yes, sir. Correct. You also testified that there were two other individuals interviewed at the Putnam address who got in an altercation with mister Flores after he struck their his vehicle.

That's a Taylor address. I think you said Putnam, but Taylor?

Oh, that's correct. Yeah. But at Putnam, you also introduced two individuals who spoke to Flores testified that or made statements they saw him in possession of two guns Yes. And he wanted to see his son. Is that right?

Yes,

sir. And that they basically acquiesced that request and they brought out his son and allowed him to be with his son for a few minutes?

Yes, sir.

And you also had a video where that was corroborated through the home video that happened. Of the witnesses, correct me if I'm wrong, did one of the witnesses tell the officers that Flores expressed a desire to kill someone?

At the Putnam address?

At the Putnam address. Do you recall I

believe so. I I know there's a number of people interviewed, interviewed and and he he did did make make threats. Threats.

Now, the only officers that responded to the Putnam address were the two Walkers. Officer Walker and Captain Walker? Is that right?

Those Those names are correct, but no. They responded to La Bonita. Spoke with them. Other officers responded to Putnam. And then later detectives went and interviewed all the residents there as well.

And the two Walkers, Officer Walker and Captain Walker, went to the Taylor address also?

Yes. So I believe Officer Walker was the primary taking report at Putnam and then heard on the radio about an hour later, I forget exactly what the minutes were, heard that call come out at Taylor and said, oh, that's the same guy. Do you know if the officers at Taylor that didn't go to Putnam were briefed on what had happened at Putnam? I believe they were aware that there was an incident

prior at Putnam. Were they aware of

the facts, the brandishing of the firearms, the threats and things like that?

Do you know if they were aware of I can't remember. I'd have to speculate on that.

Don't want you to that.

Or officers arrived at the Taylor Avenue at 07:49 about fifty two minutes after the arrival at Putnam?

Yeah. That sounds correct. I

guess specifically, do you have any knowledge or evidence that officer Cruz and officer Toller were aware that Flores was allegedly intoxicated? Can you say the question again? I'm sorry. Were officers Cruz and Toller aware that, prior to him coming back the second time, that, Flores was intoxicated? I don't know. Do you know if they were aware that he had said at the Putnam address that he wanted to kill someone? Do you know if they were aware of

those I don't know if they

knew the specifics of what he said. But you did say that officer Walker described Flores as having a thousand mile stare and looking right through him?

Officer Toller. Officer Toller said that?

Yes. Do you know if anybody ever asked him what he meant by that, or if he was ever asked to clarify that statement?

I don't recall from the interview interview if if I I asked asked him him to to clarify clarify it. It.

But we do know that when officers arrived at Taylor, Flores had already been there and left. Yes. Now I think it was officer Toller that interviewed the woman that provided the Glock.

Officer Cruz did. Officer Cruz? Yeah. They spoke Spanish.

Okay. Yes. I remember that now. So officer Cruz spoke to her, and you indicated that she told him that if the florist had told her, she told him, the florist had told her that if you got in a confrontation with the police, he was gonna shoot it out with them.

She told us during the detective interview. Okay. So you don't know if

she told Cruz that? No. I don't believe

Okay. Again, the interview was in Spanish, and from my recollection, I don't believe they got that far into their I don't believe she told them that.

So we don't we don't then we probably can kind of safely assume that officer Cruz, officer Toller, and officer Walker didn't know that he had said that?

I don't correct. I don't believe they knew he said that. Okay.

You said in your direct examination that, when he was attempting to leave, mister mister Flores mister Flores had struck two vehicles Yes. Which resulted in other confrontations.

The the the confrontation from him striking the vehicles occurred at the same at the same time before the officers got

there and before he left. Yes. And those confrontations were involving him striking two other vehicles with his truck.

Yes. Pulling in and out of 2836 Taylor.

During the interviews of the individuals involved in those altercations, you developed information that Flores had broken a cell phone. Yes. Pistol whipped an individual

Yes, sir.

Kicked into the ground Yes. And that someone thought they heard him rack around and point the gun. Yes. And other witnesses took that a step further and said they thought they heard him pull the trigger.

Yes. Two of them heard thought they he pulled the trigger and heard a click.

But your review of the handgun indicated it was functional? Yes. Do you know if the officers did this come out in your subsequent interviews with these witnesses?

Yes. So the

officers probably didn't know about this either? Correct. Can you go back to the slides that you showed us that showed the cluster of forensic evidence that was collected for each officer for the shots that they had fired? In other words, where the empty casings had landed when they were rejected? Yes.

Okay. So this first one is referencing officer Cruz's gun. And is it safe to say if we look at this orient ourselves to this picture right here,

the right side of the blue

Honda was where officer Cruz was standing. Correct? By the quarter panel. And his gun ejected to the right, so that would have supported that proposition. That's where he was standing during the shooting.

Yes. When officer or when Captain Walker? Officer Walker fired the weapon. Captain was the witness who did not.

And he didn't have a body cam?

Walker did not. But was he in communication with the other three officers? With regard to what? With some kind of

radio transmission or something like that? Yes. Was it Captain Walker that told them to beware of the nine year old?

No, I believe that

was officer Walker. Officer Walker said, hey, there's a nine year old there.

Yeah. And officer Cruz also mentioned, watch out for the kid.

And they acknowledged that they saw the kid. Yes. When you look at this evidence of where the officers were standing and where their ejected casings ended up falling, does it look to you like they tried to avoid putting the nine year old at risk?

I believe you explain that? Yes. I can tell you when officers are trained to discharge their firearm, one of their biggest considerations is their backdrop. So I believe that through their training, they most likely took into account their backdrop. And also, it was fortunate that the suspect walked to the west after exiting that vehicle. He walked away from the

nine year old? Essentially, yes. The nine year old was in the truck. The trunk was pointed east, and he walked west. Yes. But you see evidence supporting that proposition by looking at, you know, these diagrams. You can even scroll through with the other officers. Officer Toller's gun, all everything was ejected to the right. And he was

Yes. Yes sir, I see what you're

saying, yes. I don't look too much into where the CART cases end up because so many people come in and out of the scene, there's medical personnel kicking things around, if it hits the pavement it can bounce. So I look more at the body cam footage. But in this instance, yes, the cart cases do match where the officers were standing and they clearly took into account their backdrop. And does body cam footage support the same Yes,

You testified about this earlier, but how much time elapsed between the time the shots were fired and there was a call for medical? Kind of in the beginning. I have

to take a look at the timeline again. So it was pretty quick. Heard shots fired at 08:07 forty eight, so less than a minute. 08:08 thirty two, medical requested over the radio. Do you

know if the officers tried to render any aid between the time that medical was called and arrived at the scene?

They explained they put the suspect into a recovery position, essentially a sitting up position. The suspect was still showing signs of life. So they wouldn't start pumping on his chest. He was still alive. So I think essentially it was telling him to stick with it and put him in a recovered position and get him to UMC trauma as fast as possible. And on the body cams, can you actually hear suspect breathing?

Yes. So they're not going to do CPR? Correct. Any evidence they tried to stop bleeding or anything like that?

No. No. In their defense, it didn't look like there was a lot of blood.

There were four vehicles that were struck by projectiles. Is that right?

That sounds right. I know there were a number of them. And one

of them was the pickup, subject's vehicle? Yes. And one was the blue Honda? Yes. And then there were two others? Yes. Any effort made to determine which officer struck each one of those vehicles? Or could you even do that?

I believe all bullets that were able to be matched to a firearm were matched. So I'd have to look at the crime scene investigator and resulting forensic lab report. Report. It was quite lengthy due to the amount of projectiles and even fragments of projectiles.

I don't have other questions. Thank you.

Do you have any follow-up? Okay, is there anybody in the public that is going to ask any questions? Okay. This public fact finding review was held because the Clark County District Attorney's Office made a preliminary determination that no criminal prosecution of the officers involved in the death of Javier Flores is appropriate. Clark County ordinance chapter 2.12 requires public review following such determination.

The purpose of today's hearing was to present the public with essential facts surrounding the death of Javier Flores. Will Ewing was appointed as by the Clark County manager as the ombudsman to represent the public and mister Flores' family. Mister Ewing was given an opportunity to ask questions to provide the public with relevant information regarding the use of force in this case. I was appointed by the Clark County manager as presiding officer to preside over this public review. I too was given an opportunity to ask questions to provide the public with relevant information regarding the use of force in this case.

Prior to today's public review, the Clark County District Attorney's Office provided mister Ewing and myself copies of the law enforcement investigation regarding the death of mister Flores. The documents provided by the prosecution are considered public record. If you missed any portion of this review and would like to obtain a recorded transcript, a video of the entire proceeding is available on Clark County website, www.clarkcountynv.gov. This concludes the police fatality public fact finding review in the death of mister Flores.

Thank

you. Thank you.