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HENDERSON POLICE DEPARTMENT

HPD 0076
ADMINISTRATIVE REPORT
REFER TO DPM-1092 PAGE 1 OF 44

Officer Name / P#: Sergeant Harper #1085,


Sergeant Bogdanowicz #1408,
Lieutenant Seekatz #1140, Officer Chronister #2169,
Officer Avanessian #2322, Officer Erickson #2167, Division: Patrol CASE #: IA2018-133
Officer Hollingsworth #2294, Officer Loftis #2199,
Officer Mayle #2247, Officer Hamby #2329,
Officer Stevens #2197, Officer Good #2193
Date / Time of Occurrence: 09/22/18 0528 hours Duty Status: On-duty

Investigator(s): Seth VanBeveren #1337

Allegations/Complaint:
During an administrative investigation of the use of force that occurred on 9/22/18, under event #
180922000173 and DR # 18-20974, it is alleged that the department vehicular pursuit policy was not
adhered to while officers were pursuing Joshua Works, who was suspected of committing an armed
robbery.

Investigative Overview:
On 9/22/18 at approximately 0452 hours, officers from the West Area Division were dispatched to
2372 Teton Ranch Ave. Henderson, Nevada reference an armed robbery. The victim, Drew Brooks,
called the Henderson Police Department and advised that while he was walking in the area of Teton
Ranch Avenue and Carnegie Street, he was approached by a Hispanic male who pointed a gun at
him and demanded his belongings. After Drew gave the Hispanic male his belongings, which included
his backpack and iPhone, the Hispanic male ran and got into the driver’s seat of a red SUV with a
Nevada license plate. Drew could see that there was a Hispanic female in the front passenger seat of
the SUV before it sped away.

Arriving officers started tracking the stolen iPhone and found that it was in the area of Jack in the Box
located at the intersection of Boulder Highway and Texas Avenue, in the East Area Division. East and
North Area Division officers responded to the area where they located a possible suspect vehicle in
the Jack in the Box drive thru. As the suspect vehicle exited the drive-thru, officers attempted to
conduct a traffic stop on the vehicle, at which time it fled from officers. A vehicular pursuit ensued.

Officers from all area divisions pursued the suspect vehicle for approximately 30 minutes before the
vehicle stopped at Trail Canyon Road and Gibson Road. The suspect exited the vehicle pointing a
gun at his head as he backed away from officers. The suspect ran across Gibson Road towards the
Chevrolet dealership, stopping at a brick wall at the edge of the property, still holding the gun to his
head. The suspect lowered the gun towards officers before eight officers fired their weapons, killing
the suspect.

Call for Service under event #180922000173:


On 9/22/18 at 0452 hours, Henderson Dispatch received a 911 phone call from Drew Brooks who
stated that while walking on Teton Ranch Avenue near Carnegie Street, a male pulled a gun on him
and took off with his iPhone and backpack. Drew stated that the suspect was a skinny Hispanic male

HPD 0076 City of Henderson, NV Revised: 10/02/2013


HENDERSON POLICE DEPARTMENT
HPD 0076
ADMINISTRATIVE REPORT
REFER TO DPM-1092 PAGE 2 OF 44

between 5’10” and 5’11” wearing a black hoodie, black shorts, white socks up to his knees, and a
black bandana covering his face. Drew stated that there was also a passenger in the vehicle
described as a Hispanic female between the age of 20 and 24 years old wearing a blue or gray jacket
and blue jeans.

The suspect vehicle was described as a red SUV, possibly a Ford, with a Nevada license plate.

Officers made contact with Drew and started to track his stolen iPhone with Apples Find My Phone
app. Officers relayed to dispatch that the phone was showing in the area of Van Wagenen Street and
Pacific Avenue, Pacific Avenue and Basic Road, Water Street and Atlantic Avenue, and Victory Road
and California Way, before stopping at Jack in the Box at Boulder Highway and Texas Avenue.

Officers responded and spotted a red colored SUV in the drive-thru at Jack in the Box. When the
suspect vehicle exited, officers attempted to initiate a traffic stop on the vehicle, but the vehicle fled
from officers.

Officers initiated a vehicular pursuit which started at the Jack in the Box and was briefly terminated
(for approximately 1 minute) by Lieutenant Seekatz at Sunset Road and US95 when the suspect
began to drive southbound in the north bound lanes on US95. Sergeant Harper advised that he was
still following the suspect on US95 from Sunset Road to Auto Show Drive where he stayed 300 to 400
yards back. As the suspect exited onto Auto Show Drive, the pursuit was picked back up again by
officers that were in the area until the vehicle started smoking and stopped on Trail Canyon Drive at
Gibson Road.

When the suspect stopped the vehicle, he exited holding a gun to his head. Officers began shutting
down the surrounding roadways while other officers followed the suspect on foot as he crossed
Gibson Road towards the Chevrolet dealership (240 N. Gibson Road). The suspect continued
eastbound through the Chevrolet Dealership parking lot before stopping at the wall shared with the
Jeep dealership (930 Auto Show Drive).

Shots are fired approximately 2 minutes later, and the suspect went down. Dispatch was notified that
officers were ok and the gun had been secured. Medical was requested for the suspect.

Officers began securing the scene by continuing to block off surrounding roadways and access points
to the Chevrolet dealership.

Medical arrived on scene approximately 6 minutes later and pronounced the suspect dead.

Report #18-20974:
Detective Ebert #1358 completed a report regarding this incident which stated the following:

HPD 0076 City of Henderson, NV Revised: 12/22/2010


HENDERSON POLICE DEPARTMENT
HPD 0076
ADMINISTRATIVE REPORT
REFER TO DPM-1092 PAGE 3 OF 44

On 09/22/2018 at 0452 hours, Drew Brooks-Ewan DOB 02/09/2000 called Henderson Police
Department from cell phone # 702-738-0301 to report that he was a victim of an armed robbery in
the area of 2372 Teton Ranch Avenue, Henderson, Nevada, 89052.

Drew stated the suspect was a Hispanic male 5'10" to 5'11" tall with a skinny build last seen
wearing a black bandana over his face, black hoodie, black shorts and white socks pulled up to
his knees. The suspect used a silver handgun that resembled a 357 revolver and took his black
backpack, iPhone and $140.00 in cash. The suspect entered the driver's side of an older red SUV,
possibly a Ford Escape with an unknown Nevada license plate and left the scene. Drew further
stated a Hispanic female was also in the vehicle’s passenger seat. She was believed to be 20-24
years of age (unknown height and weight) last seen wearing a blue, purple or gray colored jacket
with blue jeans.

Drew was able to pull up his stolen iPhone GPS location at 0520 hours, which showed that it was
in the area near Van Wagenen Street and Pacific Avenue. At 0524 hours, a patrol officer observed
a vehicle matching the description of the suspect vehicle in the drive-thru of the Jack in the Box
located at Texas Avenue and Boulder Highway. As the suspect vehicle exited the Jack in the Box
drive-thru, officers attempted to conduct a vehicle stop on it. The driver failed to yield. Believing
that the vehicle was the suspect vehicle occupied by the suspects involved in the robbery with a
deadly weapon, a pursuit was initiated. During the pursuit, officers lost visual for a few seconds
and it is believed the female passenger exited the vehicle.

Officers pursued the vehicle until it started to smoke due to a mechanical failure and finally came
to a stop on the corner of Trail Canyon and Gibson Road. The driver, later identified as Joshua
David Works (DOB 11/21/1991), exited the driver's seat with a firearm/handgun in his hand.
Joshua turned around facing the officers and put the handgun to the right side of his head.
Officers gave verbal commands to Joshua to drop the firearm but Joshua did not comply. Joshua
turned around and started running east bound, crossing Gibson Road and entering the parking lot
of Henderson Chevrolet located at 240 N. Gibson Road. About half way across the parking lot,
Joshua stopped again, turned around facing the officers and put the handgun to the right side of
his head. Officers continued to give verbal commands to Joshua however, he still did not comply.
Joshua turned and fled east bound through the remaining portion of the parking lot towards
Chapman Chrysler Jeep. As Joshua approached the block wall, separating Henderson Chevrolet
and Chapman Chrysler Jeep, he stopped, and turned around again holding the firearm to the right
side of his head. Officers gave numerous verbal commands to Joshua to drop the firearm,
witnessed and heard by citizens in the area. Joshua refused to comply with the officer’s
commands. Joshua lowered the firearm and pointed it towards officers, which caused numerous
officers to fire their duty weapons multiple times, striking and killing him.

Henderson Fire Department Paramedics responded and pronounced Joshua deceased on scene.

HPD 0076 City of Henderson, NV Revised: 12/22/2010


HENDERSON POLICE DEPARTMENT
HPD 0076
ADMINISTRATIVE REPORT
REFER TO DPM-1092 PAGE 5 OF 44

In-Car Video:
The in-car video of the pursuit was reviewed in its entirety for all officers and Sergeants involved in
the vehicular pursuit. The following is a list of the possible vehicular pursuit policy violations from their
part in the pursuit. The time stamps indicate where in their respective in-car video the incident
occurred, along with the possible improper action they took, and does not reflect the actual time of
day. The officer’s names are in no particular order. Unless noted, all instances listed below are with
active emergency lights and siren.

Officer Chronister #2
07:10 - Drives through red light without clearing intersection (37 mph)
11:23 - Passes traffic on the right
11:28 - Passes traffic on the right
12:15 - Drives through red light without clearing intersection (40 mph)
14:35 - Drives through red light without clearing intersection (35 mph)

Officer Avanessian
03:45 – Passes traffic on the right
10:50 – Makes wide left turn onto side street, almost driving onto sidewalk
11:45 – Drives through two consecutive red lights without clearing intersections (51 mph)
17:16 – Does not notify dispatch that suspect vehicle almost hit citizen vehicle head-on at Valle
Verde and Wigwam
19:52 - Does not notify dispatch that suspect vehicle almost hit citizen vehicle head-on at
Warm Springs and Arroyo Grande
20:13 - Does not notify dispatch that suspect vehicle almost hit citizen vehicle head-on at
Warm Springs and Arroyo Grande
20:19 - Does not notify dispatch that suspect vehicle almost hit citizen vehicle head-on at
Warm Springs and Annabelle
21:00 – Follows suspect onto Marks Street on the wrong side of the road

Officer Hollingsworth #1
08:25 – Passes traffic on the right

Officer Hollingsworth #2
06:35 - Drives through red light without clearing intersection (40 mph)
06:48 - Drives through red light without clearing intersection (28 mph)
10:31 - Drives through red light without clearing intersection (53 mph)
14:38 - Drives through red light without clearing intersection (39 mph)

Officer Loftis
03:18 - Drives through red light without clearing intersection (62 mph)
12:58 – Passes traffic on the right

HPD 0076 City of Henderson, NV Revised: 12/22/2010


HENDERSON POLICE DEPARTMENT
HPD 0076
ADMINISTRATIVE REPORT
REFER TO DPM-1092 PAGE 6 OF 44

15:25 - Drives through red light without clearing intersection (33 mph)
25:47 - Passes traffic on the right
25:50 - Passes traffic on the right
31:40 - Drives through red light without clearing intersection (26 mph)

Officer Mayle
23:21 - Drives through red light without clearing intersection (50 mph)

Officer Hamby
06:00 - Passes traffic on the right
08:00 - Drives through red light without lights and siren

Officer Stevens
03:35 – Drives the wrong way on Burkholder from Palo Verde to Pueblo for approximately
1200 feet
18:20 - Drives the wrong way on Pacific at Desert Rose for approximately 250 feet

Officer Good
10:36 - Passes traffic on the right
14:53 - Passes traffic on the right
23:30 - Passes traffic on the right

Officer Erickson
06:37 - Drives through red light without clearing intersection (speed unavailable)
06:43 - Drives through red light without clearing intersection (speed unavailable)
o It is noted that Officer Erickson’s MVICS speed was not working for any of his
in-car videos on this day
12:00 – Does not notify dispatch that suspect vehicle almost hit citizen vehicle head-on at Valle
Verde and Wigwam
14:40 – Does not notify dispatch that suspect vehicle almost hit citizen vehicle head-on at
Warm Springs and Arroyo Grande
15:00 - Does not notify dispatch that suspect vehicle almost hit citizen vehicle head-on at
Warm Springs and Annabelle

Sergeant Bogdanowicz
16:38 - Drives through red light without clearing intersection (71 mph)
19:40 - Does not notify dispatch that suspect vehicle almost hit citizen vehicle head-on at Valle
Verde and Wigwam
22:14 - Does not notify dispatch that suspect vehicle almost hit citizen vehicle head-on at
Warm Springs at Arroyo Grande
22:15 - Passes traffic on the right

HPD 0076 City of Henderson, NV Revised: 12/22/2010


HENDERSON POLICE DEPARTMENT
HPD 0076
ADMINISTRATIVE REPORT
REFER TO DPM-1092 PAGE 7 OF 44

Sergeant Harper
11:21 - Passes traffic on the right
12:08 - Drives wrong way on US95 from Sunset Road to Auto Show Drive for approximately
1.25 miles

Lieutenant Seekatz
*Was not in the pursuit

Bodyworn Camera:
The body worn camera videos of the shooting were reviewed in their entirety for all officers involved
or present for the shooting. There were no policy violations observed in any of the officer’s videos.
The following is a list of the officers along with documentation of their actions in the shooting. The
officer’s names are in no particular order.

Officer Chronister (North Division, 1F1)


Officer Chronister exited his vehicle and pointed his handgun across Gibson Road, where the
suspect can be seen in the distance. Officer Chronister ran across Gibson Road with other
officers and chased after the suspect who was running away from them. The suspect stopped
near the vehicle service doors to the Chevrolet Dealership facing the officers. Officer
Chronister yelled to the suspect, who appears to be holding something at his head, to “drop it”.
Several other officers are heard yelling “drop it” and “drop the gun”. The suspect then turned
from the officers and started running away from them again. Officer Chronister ran after the
suspect. The suspect arrived at a block wall where he turned toward officers. Officer
Chronister raised his gun as he was moving towards the suspect. As Officer Chronister got
closer, there was a dark colored passenger car between him and the suspect, obscuring the
view of the suspect from the camera perspective. Officer Chronister, along with several other
officers, started firing their weapons at the suspect. Once Officer Chronister stopped firing his
weapon, he moved toward the suspect with other officers and kept cover on him until the
suspect was searched and the handgun was secured.

It was approximately 1 minute and 33 seconds from the time Officer Chronister exited his
patrol car until the shooting occurred.

Officer Avanessian (North Division, 1N21)


Officer Avanessian exited his vehicle and pointed his handgun at the suspect who was
standing in the middle of Gibson Road with a gun to his head. The suspect kept the gun to his
head while walking backwards, away from the officers. Officer Avanessian yelled at the
suspect to drop the weapon multiple times. The suspect did not comply with the orders. The
suspect continued to move away from the officers, eventually making his way to the Chevrolet
Dealership car lot before running away from officers. Officer Avanessian, along with several
other officers chased after the suspect onto the Chevrolet Dealership lot. As Officer

HPD 0076 City of Henderson, NV Revised: 12/22/2010


HENDERSON POLICE DEPARTMENT
HPD 0076
ADMINISTRATIVE REPORT
REFER TO DPM-1092 PAGE 8 OF 44

Avanessian was running after the suspect, he again yelled, “Drop it!” Officer Avanessian
caught up to the suspect at the vehicle service doors, where the suspect turned to face the
officers with the gun to his head. Officer Avanessian pointed his gun at the suspect and yelled,
“Drop it!” The suspect replied, “I can’t!” Officer Avanessian said, “Do it!” The suspect said, “I
can’t” Officer Avanessian said, “Yes you can”. The suspect again repeated, “I can’t”. The
suspect then turned away from the officers and ran away from them. Officer Avanessian
chased after the suspect. As Officer Avanessian chased the suspect, he had his handgun in
his right hand, and pulled his Taser from its holster with his left hand. The suspect stopped
running and faced officers with the gun still to his head when he arrived to a block wall. Officer
Avanessian then pointed both his handgun and Taser at the suspect while ordering him to
“Drop it”. The suspect then lowered the handgun from his head, pointing it towards officers at
which time Officer Avanessian dropped his Taser and started firing his handgun. Officer
Avanessian then moved towards the suspect with other officers, keeping his handgun pointed
towards the suspect until Officer Hamby secured the suspect’s handgun.

It was approximately 1 minute and 48 seconds from the time Officer Avanessian exited his
patrol car until the shooting occurred.

Officer Hollingsworth (North Division, 1N31)


Officer Hollingsworth exited his vehicle and ran towards a patrol car that was at the front of the
pursuit. He positioned himself between an open patrol car door and the A pillar where he
pointed his handgun at the suspect and yelled, “Drop it!” Officer Hollingsworth again yelled,
“Drop the gun!” Officer Hollingsworth moved from behind the patrol car door and pointed his
handgun towards the suspect who can now be seen moving away from the officers towards
the Chevrolet Dealership. Officer Hollingsworth began running after the suspect, through the
Chevrolet Dealership car lot. As Officer Hollingsworth got closer to the suspect, who was now
at the vehicle service area doors, he yelled, “Show us your fucking hands!” Officer
Hollingsworth continued to move closer to the suspect with his handgun pointed at him. The
suspect, from a distance, can be seen moving away from officers. The suspect then turned
from the officers and began running away again. Officer Hollingsworth followed. As Officer
Hollingsworth continued running, the suspect can no longer be seen due to several parked
cars that he was behind. As Officer Hollingsworth got closer to the parked cars that the
suspect was behind, several officers began shooting their weapons at the suspect.
Simultaneously, Officer Hollingsworth fired his handgun at the suspect. Officer Hollingsworth
then updated dispatch that shots were fired and where their location was. He then assisted
other officers in patting down the subject to ensure that there were no other weapons.

It was approximately 1 minute and 45 seconds from the time Officer Hollingsworth exited his
patrol car until the shooting occurred.

HPD 0076 City of Henderson, NV Revised: 12/22/2010


HENDERSON POLICE DEPARTMENT
HPD 0076
ADMINISTRATIVE REPORT
REFER TO DPM-1092 PAGE 9 OF 44

Officer Loftis (East Division, 1E31)


Officer Loftis exited his vehicle and immediately began running through the west side of the
Chevrolet Dealership car lot with the other officers. As Officer Loftis arrived to the vehicle
service doors at the dealership, he un-holstered his weapon and pointed it at the suspect who
can be seen facing officers and holding a gun to his head. Officer Loftis yells at the suspect
and said, “Drop it, dude! Drop the gun!” The suspect did not comply. Officer Loftis then said,
“Drop the gun! Drop the gun or you will be shot, dude! Drop it!” Officer Loftis then ordered the
suspect to drop the gun two more times before the suspect turned away from officers. Officer
Loftis chased after the suspect. The suspect arrived to a block wall and turned towards officers
with the gun still to his head. Officer Loftis again ordered the suspect to drop the gun four more
times, but he did not comply. The suspect then yelled something to the officers that was
unintelligible. As the suspect said this, he lowered the gun towards officers, at which time
Officer Loftis and several other officers began firing their weapons. As shots were being fired,
the suspect fell to his side and was rolling to his back as Officer Loftis yelled, “Drop it! Drop the
gun!” When the firing of the weapons stopped, Officer Loftis moved towards the suspect with
Officer Hamby in front of him. Officer Hamby then reached over and secured the suspects
handgun. Officer Loftis then put on latex gloves, checked the suspect for weapons and for a
pulse. Officer Loftis then returned to a patrol car to retrieve a medical bag before returning to
the suspect to render first aid. With the assistance of Sergeant Bogdanowicz and Sergeant
Harper, Officers began attempts to stop bleeding by wrapping the gunshot wounds.

It was approximately 1 minute from the time Officer Loftis exited his patrol car until the
shooting occurred.

Officer Mayle (East Division, 1E61)


Officer Mayle exited his vehicle and moved towards the suspect vehicle with his gun drawn. As
he approached the suspect vehicle, the suspect can be seen in the middle of Gibson Road,
moving backwards away from officers. Officer Mayle quickly cleared the suspect vehicle before
facing back towards the suspect, who was now running away from officers into the Chevrolet
Dealership. Officer Mayle ran after the suspect through the dealership car lot. The suspect
turned towards officers but continued moving backwards away from them at the vehicle service
doors entrance. Officer Mayle kept his gun pointed at the suspect and he continued moving
towards him. The suspect then turned away from officers and began running away from them.
Officer Mayle chased after him. The suspect then stopped at a block wall and turned to face
officers. As Officer Mayle continued moving towards the suspect, officers began firing their
weapons at the suspect. The suspect fell to the ground and continued to move around with the
firearm, at which time Officer Mayle fired his weapon. After the shooting stopped, Officer Mayle
moved with a group of officers toward the suspect and kept cover on him as Officer Hamby
retrieved and secured the suspect’s firearm.

HPD 0076 City of Henderson, NV Revised: 12/22/2010


HENDERSON POLICE DEPARTMENT
HPD 0076
ADMINISTRATIVE REPORT
REFER TO DPM-1092 PAGE 10 OF 44

It was approximately 1 minute and 43 seconds from the time Officer Mayle exited his patrol car
until the shooting occurred.

Officer Hamby (East Division, 1E21)


Officer Hamby exited his vehicle and ran through the Chevrolet Dealership arriving at the
vehicle service entrance where the suspect was facing officers with his gun to his head. Officer
Hamby had his firearm pointed at the suspect as he moved parallel with him. Officer Hamby
ordered the suspect to put the gun down three times. The suspect did not comply. The suspect
then turned from officers and ran away from them. Officer Hamby followed and again yelled for
the suspect to drop the gun. The suspect arrived to a block wall where he turned back towards
officers with his gun to his head. Officer Hamby yelled, “Drop the gun right now! Drop it right
now!” The suspect is heard saying, “Don’t come any closer.” The suspect then lowered his
weapon towards the officers at which time Officer Hamby began firing his weapon. When the
shooting stopped, Officer Hamby kept his firearm pointed at the suspect while moving towards
him. Officer Hamby located the suspect’s gun, and reached over and retrieved it before moving
away from the suspect.

It was approximately 44 seconds from the time Officer Hamby exited his patrol car until the
shooting occurred.

Officer Stevens (East Division, 1E41)


Officer Stevens exited his vehicle and ran towards the suspect vehicle where he linked up with
Sergeant Bogdanowicz. The suspect was across Gibson Road with a gun to his head as he
backed away from officers. The suspect continued moving away from officers as he made his
way onto the Chevrolet Dealership parking lot. Officer Stevens and Sergeant Bogdanowicz
then moved from behind the suspect vehicle and ran after the suspect. As Officer Stevens
ran through the car lot and got closer to the suspect he yelled, “Stop!” The suspect then
stopped at the vehicle service doors and turned towards officers. The suspect continued to
move backwards and is heard saying, “I can’t” to officer’s commands. With his gun pointed at
the suspect, Officer Stevens yelled, “drop the gun!” The suspect continued to move away from
the officers before turning to run away. Officer Stevens gave chase to the suspect and yelled
for him to stop. The suspect arrived at a block wall where he turned back towards officers and
told them “don’t come any closer.” The suspect then lowered his weapon, pointing it towards
officers at which time Officer Stevens fired his weapon. When the shooting stopped, Officer
Stevens then moved towards the suspect with the other officers, before Officer Hamby
reached over and secured the suspect’s firearm.

It was approximately 1 minute and 43 seconds from the time Officer Stevens exited his patrol
car until the shooting occurred.

Officer Good (East Division, 1E11)

HPD 0076 City of Henderson, NV Revised: 12/22/2010


HENDERSON POLICE DEPARTMENT
HPD 0076
ADMINISTRATIVE REPORT
REFER TO DPM-1092 PAGE 11 OF 44

Officer Good exited his vehicle, pointed his firearm at the suspect and yelled, “Drop the gun!”
Officer Good then started moving towards the suspect, who was backing away from officers
towards the Chevrolet dealership. Officer Good kept his firearm pointed at the suspect before
he (the suspect) began running away from officers. Officer Good chased after the suspect and
yelled, “Drop the gun!” As the suspect got closer to the vehicle service doors, Officer Good
again told the male to “drop it”. The suspect continued to move away from officers with the gun
to his head. Officer Good then yelled, “It’s not worth your life, drop the gun!” and “Drop it!” The
suspect then turned away from officers and ran. Officer Good chased after the suspect. The
suspect got to the block wall where he turned towards the officers with his gun held to his
head. Officer Good ordered the suspect to drop the gun. The suspect did not comply. The
suspect then lowered the firearm and pointed it towards the officers. Officer Good fired his
weapon. When the shooting stopped, Officer Good approached the suspect and helped roll
him to his stomach so that he could be patted down for weapons.

It was approximately 1 minute and 35 seconds from the time Officer Good exited his patrol car
until the shooting occurred.

Officer Erickson (East Division, 1C1)


Officer Erickson exited his vehicle, saw that the suspect was armed and then went back into
his patrol car to retrieve his rifle. Officer Erickson then moved towards the suspect as he (the
suspect) moved away from officers towards the Chevrolet dealership. The suspect then ran
away from officers, so Officer Erickson ran after the suspect while giving updates to dispatch
as to where the suspect was located. As Officer Erickson moved towards the suspect, he was
approximately 100 feet behind the officers as they were giving the suspect commands to drop
the gun while he (the suspect) was in front of the vehicle service doors. The officers then
chased the suspect towards the block wall. Officer Erickson continued to follow and attempted
to give updates over the radio but at times was unable to due to other officers talking on the
radio. As Officer Erickson continued moving towards the suspect, and as he made his way
past the vehicle service doors (approximately150 feet from the suspect who was now at the
block wall), multiple gun shots are heard. Officer Erickson did not fire any of his weapons.
Officer Erickson then gave more updates over the radio before retrieving crime scene tape
from a patrol car and securing the crime scene.

It was approximately 1 minute and 44 seconds from the time Officer Erickson exited his patrol
car until the shooting occurred.

Sergeant Bogdanowicz (North Division)


*Did not have body camera activated

Interviews - Investigative Services Division:

HPD 0076 City of Henderson, NV Revised: 12/22/2010


HENDERSON POLICE DEPARTMENT
HPD 0076
ADMINISTRATIVE REPORT
REFER TO DPM-1092 PAGE 12 OF 44

The statements documented below are summaries of the involved officer’s recorded interviews with
the Investigative Services Division.

Officer Chronister
On 9-24-18, at approximately 0944 hours, Officer Chronister was interviewed by Detective Ebert
regarding the officer involved shooting that took place at 240 N. Gibson Road. Officer Chronister
advised the following:

On the night of the incident, he remembered that an armed robbery occurred in the West Area
Division where responding officers were able to start tracking a stolen phone. The phone was
showing in the East Area Division. Responding officers located the suspect vehicle and
attempted to stop it, but the vehicle fled. A pursuit was initiated.

Officer Chronister was finishing up his lunch (Henry’s Grill located at 237 N. Stephanie St.)
when this pursuit began. Officer Chronister started heading towards the pursuit and eventually
joined it. Officer Chronister stated that the pursuit went into all area Divisions.

The suspect vehicle eventually made its way from Marks Street onto Trail Canyon where it
started to smoke. The suspect vehicle started to go very slow. As the vehicle slowly turned
onto Gibson Road, Officer Chronister pulled his patrol car to the left side of it in order to stop
any traffic coming south bound on Gibson Road. At that point, he looked over and saw that the
suspect had exited his vehicle and was pointing a gun at his head as he backed away from
officers. Officer Chronister stated that there were several officers giving him commands to put
the gun down, but he did not comply. The suspect then turned away from officers and started
running away from them. Officers followed.

When the suspect got a “short distance” into the parking lot, he again turned around towards
officers and pointed the gun at his head. The suspect was told multiple times to put the gun
down, but he refused and stated, “I can’t”. The suspect turned away from officers again and
started running away from them. Officers chased after him.

The suspect ran a “short distance” before getting to the back block wall of the dealership. He
turned towards officers and placed the gun to his head. Officers gave him commands to drop
the gun. The suspect lowered the gun from his head and pointed it towards officers and then
towards the ground for a second before coming up and pointing back at officers. Officer
Chronister stated that he then determined that deadly force needed to be used, so he fired his
handgun at the suspect.

Officer Avanessian

HPD 0076 City of Henderson, NV Revised: 12/22/2010


HENDERSON POLICE DEPARTMENT
HPD 0076
ADMINISTRATIVE REPORT
REFER TO DPM-1092 PAGE 13 OF 44

On 9-24-18, at approximately 0917 hours, Officer Avanessian was interviewed by Detective Ebert
regarding the officer involved shooting that took place at 240 N. Gibson Road. Officer Avanessian
advised the following:

Officers were pursuing a suspect that committed a robbery with a firearm. He was on Auto
Show Drive at US95 stopped at a red light when the pursuit was terminated. He heard that the
suspect was last seen exiting the US95 at Auto Show Drive. While at the light, he saw the
suspect vehicle exit from US95 onto Auto Show Drive. Officer Avanessian activated his
overhead lights and siren and started pursuing the suspect. From this point forward, Officer
Avanessian was the primary pursuit vehicle until the conclusion of the pursuit.

Officer Avanessian did not remember the exact route of the pursuit, but gave general areas of
where the pursuit took place.

As the suspect turned onto Trail Canyon from Marks Street, the suspect vehicle started to slow
down to approximately 10 miles per hour. When they approached Gibson Road, Officer
Avanessian stopped his vehicle, got out and observed that the suspect had a gun in his hand
pointing at his head. Officers aimed their weapons at the suspect and gave him orders to drop
the firearm. The suspect did not listen to their commands and continued to walk backwards
away from them.

Officer Avanessian felt the suspect got “too far away” from officers as he crossed Gibson Road
and that he was going to escape, so he started moving towards the suspect in order to close
the distance. The suspect turned away from officers and ran. Officer Avanessian ran after him.

The suspect stopped at the service bay, and put the firearm back to his head. As the officers
caught up to him, they ordered him to drop the gun at which time the suspect stated “I can’t,”
along with something else that Officer Avanessian could not remember.

As they continued to give orders to the suspect, Officer Avanessian advised that he felt that
the suspect was going to run again, so he pulled out his Taser. When he did this, the suspect
turned and ran from the officers. Officer Avanessian thought that he could close the distance
on the suspect and taser him in the back. As they continued to chase the suspect through the
parking lot, the suspect turned towards officers with the gun to his head. The suspect then
lowered the firearm, pointing it towards Officer Avanessian and other officers. Officer
Avanessian stated that this was a deadly threat to him and other officers, so he fired his
handgun at the suspect until the threat was “diminished”.

Once the shooting was over, the suspect’s firearm and the scene was secured.

Officer Hollingsworth

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On 9-24-18, at approximately 1009 hours, Officer Hollingsworth was interviewed by Detective


Ebert regarding the officer involved shooting that took place at 240 N. Gibson Road. Officer
Hollingsworth advised the following:

On the night of the incident, he remembered a robbery had occurred in the West Area Division.
He was on a different call for service at the time but was monitoring the radio traffic from the
robbery. After finishing his call for service, he headed to the robbery call in attempts to deploy
stop sticks but the pursuit was terminated before he arrived.

He stayed in the Gibson Road and Warm Springs area when he heard over the radio that the
suspect had exited from US95 onto auto Show Drive and was headed towards Eastgate.

As the pursuit continued onto Trail Canyon from Marks Street, he remembered hearing that the
suspect vehicle was smoking. As the suspect vehicle stopped, the suspect exited with a gun to
his head. Officer Hollingsworth took position behind a door for cover. He gave multiple
commands for the suspect to drop the weapon and remembered the suspect saying, “I can’t.”
Officer Hollingsworth stated that the suspect was also on his cellular phone talking to
someone. The suspect eventually turned and ran away from officers towards the Chevrolet
dealership.

The suspect stopped and turned towards officers again with the gun pointed at his head. The
suspect was given several orders to drop the weapon but he again stated that “I can’t.”
The suspect continued running east through the parking lot. Officer Hollingsworth followed the
suspect until he stopped and faced officers with the gun still in his hand. He was to the left of
all the officers and was attempting to get cover behind a vehicle. The suspect then lowered the
gun, pointing it towards the other officers that did not have any cover, so he fired his weapon.
Officer Hollingsworth stated that when he lost visual of the suspect, he stopped firing his
weapon.

Officer Loftis
On 9-24-18, at approximately 1041 hours, Officer Loftis was interviewed by Detective Ebert
regarding the officer involved shooting that took place at 240 N. Gibson Road. Officer Loftis
advised the following:

He was dispatched to attempt to locate an armed robbery suspect. The suspect vehicle was in
a Jack in the Box parking lot. When the suspect drove away, officers attempted to stop the
vehicle but it fled, which resulted in a pursuit. The pursuit ended at the Auto Show Mall. Officer
Loftis stated that he was initially in the pursuit but the suspect was “going in circles” around the
city. Officer Loftis broke away from the pursuit to try and get in front of the suspect. When the
pursuit ended on Trail Canyon and Gibson Road, he was heading north on Gibson Road from

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Wigwam Drive. It was at that time he heard an update over the radio that the suspect was
running from officers, through the Chevrolet dealership with a gun.

Officer Loftis immediately parked his patrol car by the dealership and ran after the suspect.
When he caught up with everyone (by the showroom), he saw that the suspect had a gun to
his head. The suspect was given verbal commands to drop the gun. The suspect refused to
comply. The suspect then turned his back on the officers and ran from them again. Officer
Loftis chased after the suspect. After a brief chase, the suspect stopped and turned towards
officers with the gun to his head. The suspect then dropped the firearm downward before
bringing it back up, pointing it at officers. Officer Loftis stated that this is when he started firing
his weapon. He stated that he fired 2 or 3 rounds. As the suspect was going down, he still had
the firearm in his hand so Officer Loftis fired 1 more round to ensure he was no longer a threat.

Officer Mayle
On 9-24-18, at approximately 1331 hours, Officer Mayle was interviewed by Detective Ebert
regarding the officer involved shooting that took place at 240 N. Gibson Road. Officer Mayle
advised the following:

He was aware of an armed robbery that had occurred in the West Area Division and that the
suspect had been tracked to the Jack in the Box near Texas Avenue and Boulder Highway.
Officer Mayle and Officer Erickson were down the road, so they headed towards the Jack in
the Box. Upon arrival, they noticed the suspect vehicle in the drive-thru. When officers
attempted to stop the suspect vehicle, it fled, which led to a pursuit. The pursuit ended on
Gibson Road and Trail Canyon. When the vehicle came to a stop, he heard an update over the
radio that the suspect had a gun in his hand.

Officer Mayle exited his vehicle and moved to Officer Erickson’s vehicle (which was directly
behind the suspect vehicle) when he observed the suspect in the middle of Gibson Road with
a gun to his head. Several officers were yelling at him to drop the gun. The suspect turned
away from officers and ran from them. The suspect stopped in the Chevrolet dealership
parking lot, and turned towards officers with the gun to his head. Officers again yelled for the
suspect to drop the gun. At this time, Officer Mayle heard the suspect say, “I can’t,” along with
something else that Officer Mayle couldn’t understand before turning and running away from
officers again.

Officers chased after the suspect who then stopped next to a wall and put the gun to his head.
Officers gave more orders for him to drop the gun. At this point, he thought he heard a taser
deploy to the right of him. As Officer Mayle looked over, that is when the shots started. Officer
Mayle did not initially fire his weapon because he took his focus off the suspect to what he
thought was a taser deployment. When he looked back, he saw that the suspect was going
down. As the suspect went to the ground, the suspect’s right arm went up and it looked like he

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turned towards officers. It was at this moment he perceived the suspect’s actions as a threat to
officers, so he fired his weapon.

Officer Hamby
On 9-24-18, at approximately 1201 hours, Officer Hamby was interviewed by Detective Ebert
regarding the officer involved shooting that took place at 240 N. Gibson Road. Officer Hamby
advised the following:

He was on patrol when he heard that an armed robbery suspect was in the area of Boulder
Highway and Texas Avenue. Officer Hamby located the suspect vehicle in the Jack in the Box
drive-thru. When the suspect vehicle left, officers attempted to stop it, but it fled. This started
the vehicle pursuit. Officers pursued the vehicle for approximately 30 minutes before it stopped
in the area of Gibson Road and Auto Show Drive.

Officer Hamby observed multiple officers chasing the suspect on foot through the Chevrolet
dealership parking lot, so he drove his patrol car to the opposite side of the dealership in
attempts to “cut the suspect off.” When he exited his vehicle, he saw the suspect near the
entrance of the dealership holding a gun to his head and yelling at officers to get away.
Officers, including Officer Hamby, gave the suspect multiple commands to drop the weapon.
Officer Hamby stated that he remembered someone telling the suspect that “it’s not worth your
life.”

The suspect started running from officers again, east bound through the parking lot. He
followed the suspect until the suspect stopped at the block wall. The suspect then turned
towards officers while holding his gun to his head. The suspect told officers multiple times to
“get away” along with other statements that Officer Hamby could not understand. Officers
continued to order the suspect to drop the weapon. The suspect would not comply. The
suspect then lowered his weapon to his side, pointing it at officers. At that point, Officer Hamby
fired his gun at the suspect.

Officer Stevens
On 9-24-18, at approximately 1249 hours, Officer Stevens was interviewed by Detective Ebert
regarding the officer involved shooting that took place at 240 N. Gibson Road. Officer Stevens
advised the following:

At approximately 0500 hours, an armed robbery occurred in the West Area Division where the
investigating officers were able to track the stolen phone to the Jack in the Box at Boulder
Highway and Texas. Officer Stevens was in the area and started to head towards the Jack in
the Box. He heard on the radio that officers had located the suspect vehicle in the drive-thru.

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When the suspect left, officers attempted to conduct a traffic stop on the vehicle but it fled from
them, so a pursuit was initiated.

Officer Stevens stated that during the pursuit, he was towards the back of the other patrol cars.
The suspect vehicle eventually started smoking and came to a stop. The suspect exited the
vehicle with a gun in his hand. Officer Stevens exited his vehicle, drew his gun and pointed it at
the suspect. The suspect held a gun to his head and was yelling something that Officer
Stevens could not understand. The officers yelled commands at him to put the gun down. The
suspect then turned away from officers and ran towards the Chevrolet dealership. Officers
chased after him.

The suspect then turned towards officers again and placed his gun against his head. Officers
gave the suspect commands to drop the gun. The suspect did not comply. The suspect ran
from officers towards a wall where he was “cornered.” The suspect turned towards officers and
put his gun to his head again. Officers gave the suspect more commands to drop the gun. The
suspect did not comply. Officer Stevens stated he remembered that the suspect was acting
“erratic” and that it was clear that he was not following commands. Officer Stevens stated that
due to the fact that the suspect had committed a violent felony with a gun, had the gun in his
hand, was acting erratic and not following orders, he feared for his and his coworker’s safety
that he couldn’t react as quickly if the suspect shot at officers, so it is at this point that he fired
his weapon.

Officer Good
On 9-24-18, at approximately 1056 hours, Officer Good was interviewed by Detective Ebert
regarding the officer involved shooting that took place at 240 N. Gibson Road. Officer Good
advised the following:

At approximately 0515 hours, he was on his lunch break when he heard over the radio that
officers were tracking a stolen phone that was taken in a robbery. Officer Good was taking
lunch near the Main Station, 223 Lead Street, so he cleared lunch to assist with locating the
suspect. Officer Good headed to the Jack in the Box located at Boulder Highway and Texas
where the suspect vehicle was located. When the suspect vehicle pulled out of the drive thru,
officers attempted to stop it but it fled, resulting in a pursuit.

Officer Good stated that during the pursuit, he had attempted to get in front of the suspect and
cut him off so he couldn’t get onto the freeway by approaching from the intersection of
American Pacific and Gibson Road. As Officer Good was doing this, the pursuit was coming to
an end near Gibson Road and Trail Canyon. Officer Good pulled onto Gibson, south of Trail
Canyon to wait and see where the suspect was going to go. When the suspect vehicle pulled
onto Gibson Road, he was facing Officer Good.

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The suspect then exited the vehicle (which was a distance from Officer Good) and walked onto
Gibson Road holding something to his head. Officer Good could not hear what the suspect
was saying to the officers. He then observed the suspect turn from officers and run towards the
Chevrolet dealership. He stated that he stayed the same distance away from the suspect but
paralleled him through the parking lot to not jump in front of other officers in the event there
was crossfire. When the suspect got closer to the dealership, he turned around and faced the
pursuing officers, putting the gun to his head. Officer Good was able to get closer to the
suspect but was more towards the south of him, whereas the other officers were to the west of
the suspect. Officer Good stated that the suspect was saying things that he could not
understand. Officer Good gave the suspect commands to drop the gun and yelled to him, “It’s
not worth your life.” The suspect did not comply with their orders. The suspect then turned
away from officers and ran from them.

Officer Good and the other officers continued to pursue him until he got to a wall at the east
end of the dealership. The suspect then turned towards officers, and placed the gun to his
head. The suspect then lowered the gun, pointing towards officers. Officer Good stated that he
feared that the suspect would shoot an officer or even jump the wall and shoot someone in the
community, so he fired his weapon at the suspect.

Officer Erickson
On 9-24-18, at approximately 1350 hours, Officer Erickson was interviewed by Detective Ebert
regarding the officer involved shooting that took place at 240 N. Gibson Road. Officer Erickson
advised the following:

At approximately 0530 hours, he was clearing a separate call for service when he heard over
the radio that officers were looking for an armed robbery suspect in the East Area Division.
Officer Erickson decided to go look for the suspect vehicle. As he was looking for the suspect,
he heard over the radio that the suspect vehicle was in the area of Boulder Highway and
Texas. Officer Erickson responded to that area and located the suspect vehicle in the Jack in
the Box drive-thru. When the suspect left, officers attempted to stop the vehicle but it fled. A
pursuit was then initiated. Officer Erickson stayed with the pursuit until it ended on Trail
Canyon and Gibson Road.

He observed the suspect exit his vehicle, turn toward officers and place a gun to his head. As
this was happening, the suspect’s vehicle rolled backwards into Officer Erickson’s patrol car.
Officer Erickson immediately reached in and retrieved his patrol rifle. As he did this, the
suspect took off running towards the Chevrolet dealership.

Officer Erickson attempted to give radio updates as he was chasing the suspect. At one point,
the suspect turned towards officers with the gun to his head and was saying something that
Officer Erickson could not understand. The suspect turned from officers and ran away from

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them until he stopped at a block wall. The suspect turned towards officers while holding the
gun to his head. He was trying to make his way towards them when he saw the suspect lower
his gun and point it towards the other officers. At that moment he then heard “numerous
gunshots go off” and saw the suspect drop to the ground. Officer Erickson stated that he did
not fire his gun because he was still “a ways” behind the other officers that were with the
suspect and that he would have had to shoot past them to get to the suspect which “wouldn’t
have been a good shoot” based on his positioning.

Sergeant Bogdanowicz
On 9-24-18, at approximately 1459 hours, Sergeant Bogdanowicz was interviewed by Detective
Ebert regarding the officer involved shooting that took place at 240 N. Gibson Road. Sergeant
Bogdanowicz advised the following:

He was headed back to the east station to end his overtime shift when he heard over the radio
that officers were searching for an armed robbery suspect in the East Area Division near the
Jack in the Box located at Boulder Highway and Texas. Officers responded to that area and
located the suspect vehicle. Sergeant Bogdanowicz then heard over the radio that officers
attempted to stop the suspect vehicle but that it took off from them.

Sergeant Bogdanowicz drove in the direction of the pursuit and joined it in the area of Athens
and Lake Mead. He stated that he was in and out of the pursuit at times due to him trying to
get ahead of the suspect but was unable to. He was with the pursuit as it ended at Trail
Canyon and Gibson Road. Sergeant Bogdanowicz stated that it appeared that the vehicle was
broken down due to it smoking. He anticipated that the suspect might run, so he unlocked his
rifle.

When the suspect vehicle stopped, the suspect jumped out pointing a gun to his head and his
other hand was holding a cellular phone. Sergeant Bogdanowicz exited his patrol car with his
rifle and pointed it at the suspect. Other officers that were closer to the suspect were giving
him commands. The suspect moved away from officers, crossing Gibson Road where he
stopped. Officers gave him more commands but the suspect ran from officers through the
Chevrolet dealership parking lot.

The suspect stopped again inside the parking lot and held the gun to his head. Officers gave
the suspect commands again but he did not comply. The suspect ran away from officers as if
he were heading to the Chapman Jeep dealership. He thought that he gave an update to
dispatch as to the direction the suspect was running. He went on to state that due to his age
and size, he was unable to keep up with the other officers as they pursued the suspect.

As he got closer to where the suspect was, officers were giving commands before he heard
shots being fired. Sergeant Bogdanowicz stated that he did not fire his weapon because he

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was approximately 25 yards away from “the line of officers” and that there were a couple of
officers that were in between him and the suspect. Sergeant Bogdanowicz added that due to
officers being in front of him, he “didn’t even see what had precipitated for them to fire.”

Sergeant Bogdanowicz stated that he had a body camera the night of the shooting. Due to him
being on a six hour overtime shift, at around 0330 or 0400 hours, “the body camera died.”
When the body camera battery initially died, Sergeant Bogdanowicz plugged it in inside of the
patrol car but “it wasn’t really charging well.” He then plugged the body camera into his laptop
and placed it in his laptop cover to charge. The body camera stayed there, inside of the patrol
car, when Sergeant Bogdanowicz jumped out of his patrol car to chase the suspect.

Interviews - Internal Affairs:

Officer Chronister
On 11-6-18 at approximately 1356 hours, Officer Chronister was interviewed at the Internal Affairs
Bureau office and advised the following:

He has worked for the Henderson Police Department for almost four years and is currently
assigned to the GBN squad. On the day of the officer involved shooting, Sergeant
Bogdanowicz was his supervisor.

o Officer Chronister then relayed the same details from his ISD interview of how he
became aware of the armed robbery call, and his recollection of how he became
involved in the vehicular pursuit.

As Officer Chronister responded to the Jack in the Box, he stated that based on the facts
surrounding this crime, his concerns were that these suspects were a “danger to the public”
and that they would commit more crimes if they were not stopped. Officer Chronister added
that the license plate to the vehicle was not registered so the suspect’s identity was unknown.

He was not originally involved in the pursuit, but had joined a short time after it had started.
Officer Chronister stayed with the pursuit until the suspect drove the wrong way on the US95,
at which time he stopped pursuing. When the pursuit resumed, he joined in.

Officer Chronister stated that he is aware of the department vehicular pursuit policy and felt
that the pursuit was within department guidelines.

Officer Chronister went on to state that when it comes to Code 3 driving or vehicular pursuit
driving, he has been trained to stay in the number 1 travel lane so that as vehicles move to the
right, you do not run into them. He has also been taught that when you are approaching red

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light intersections, officers are to slow down and visually clear the intersection for crossing
traffic.

o Officer Chronister was then shown his dash camera video of each driving event that
was a potential violation of the vehicular pursuit policy.

On the first incident, Officer Chronister stated that as he approached the intersection, he did in
fact visually clear the intersection before proceeding through. He said that at this intersection,
there was only one travel lane that would have had the right of way, but there was a vehicle
already stopped there. He stated that he did not feel that he was going too fast that he would
have been unable to maneuver out of the way had a vehicle or object entered the intersection.

o A review of the dash camera revealed that Officer Chronister only needed to clear one
direction of traffic, and there was only one vehicle already at the intersection but was
stopped for the emergency vehicles.

On the second and third incidents on the I215 where Officer Chronister passed vehicles on the
right, he remembered that as he entered the I215, he had to quickly exit at the next street in
order to continue following the suspect. He stated that it would have been safer to stay in the
right hand lane and pass the vehicles on the right than to go all the way to the number 1 travel
lane, just to go all the way back to the exit lane, crossing all the travel lanes. Officer Chronister
stated that if one of the vehicles had moved to the right lane as he was passing them, he could
have safely maneuvered to the shoulder and avoided an accident.

On the fourth incident, as Officer Chronister went through a red light on Green Valley and
Wigwam, he remembered that he did in fact slow his vehicle, and visually cleared the
intersection on the left and right before proceeding through the intersection. He stated that he
had a wide open view of both directions of traffic.

o A review of the dash camera revealed that there was only 1 vehicle approaching the
intersection heading west bound but was slowing to a stop for emergency vehicles.

On the fifth incident, as Officer Chronister went through a red light at Warm Springs and Arroyo
Grande, as he came down the hill of Warm Springs, he had a clear view of both directions of
traffic and could see that all traffic had stopped for pursuing officers.

o A review of the dash camera revealed that there were 2 vehicles heading west bound
and there were 3 vehicles heading south bound. All vehicles had come to a stop for
emergency vehicles.

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Officer Chronister stated that at no time during the pursuit did he drive with a wanton disregard
for public safety.

Officer Avanessian
On 11-8-18 at approximately 1239 hours, Officer Avanessian was interviewed at the Internal
Affairs Bureau office and advised the following:

He has worked for the Henderson Police Department for three years and is currently assigned
to the GBN squad. On the day of the officer involved shooting, Sergeant Bogdanowicz was his
supervisor.

o Officer Avanessian then relayed the same details from his ISD interview of how he
became aware of the armed robbery call, and his recollection of how he became
involved in the vehicular pursuit.

As Officer Avanessian relayed the details of the robbery call that led to the pursuit, he stated
that he was concerned that if the suspect escaped officers, he (the suspect) would reoffend.
He added that he felt the pursuit was within the guidelines of the department vehicular pursuit
policy.

o Officer Avanessian was then showed his dash camera video of each driving event that
was a potential violation of the vehicular pursuit policy.

Officer Avanessian stated that he has been trained that when officers are driving Code 3, they
are to drive in the far left lane, and are not to pass vehicles on the right because citizens are
supposed to pull to the right and yield to emergency vehicles. The reason for this is to avoid
accidents. Officer Avanessian went on with his training and advised when approaching a red-
light intersection while Code 3 driving, officers are to slow down, and check for traffic in both
directions.

On the first incident, Officer Avanessian passed a vehicle on the right while driving Code 3 in
an attempt to get ahead of the suspect and set up stop-sticks. He went on to state that he
needed to exit US95, but the vehicles were not yielding to the right, so he reduced his speed
and made the decision to pass the vehicles on the right. He stated that he passed the vehicles
safely and that he was at a speed where if the vehicle pulled in front of him, he could have
been able to safely maneuver around it.

On the second incident, Officer Avanessian took a left turn from southbound Pacific onto a
residential side street. As he made the wide left turn, his patrol car appeared to slightly go onto
the sidewalk before correcting the patrol car and heading straight (eastbound) to continue the
pursuit. Officer Avanessian stated that at this point in the pursuit, he was the number one car

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behind the suspect. As he was heading south on Pacific, the suspect turned left onto the
residential street. Before Officer Avanessian could make the turn off Pacific to follow the
suspect, he saw that there were two patrol cars coming his way (northbound on Pacific). He
didn’t know if these patrol cars were going to continue straight on Pacific, or if they were going
to turn on the residential street in order to follow the suspect as well. Officer Avanessian stated
that he did not want to lose a visual of the suspect, so he made the turn quickly to cross the
intersection before the patrol cars. He stated that he went slightly up the slopped down
(wheelchair access) part of the sidewalk before correcting himself back to the roadway. Officer
Avanessian stated that although the turn was fast, he did not feel that he lost control of the
patrol car.

On the third and fourth incidents, Officer Avanessian drove through two red lights on Horizon
Drive at the US95 overpass. Officer Avanessian stated that on the first red light, he knows that
there is only one direction where vehicles come through the intersection, so as he approached,
he visually cleared for any vehicles and confirmed that there weren’t any before proceeding.
He added that he felt that he went through the intersection at a speed that was safe, and that
he could safely maneuver the patrol car if a vehicle did in fact enter the intersection. Officer
Avanessian stated that he did the same thing for the second red light; that he visually cleared
the intersection as he was approaching and was sure that there weren’t any cars before driving
through.

o A review of the dash camera revealed that the first intersection only had 1 direction of
travel and there weren’t any vehicles at this intersection. The second intersection
revealed that there weren’t any vehicles heading north or west bound.

On the fifth incident, the suspect was driving on the wrong side of Valle Verde near Wigwam
when it almost hit another vehicle head-on. Officer Avanessian stated that he remembered this
part of the pursuit but did not remember the suspect almost hitting another vehicle. He went on
to state that had he seen this, he would have notified dispatch and put the information out over
the radio. Officer Avanessian added that he was the first vehicle in the pursuit and per
department policy, the second vehicle in the pursuit is the one tasked with giving information
over the radio. Officer Avanessian stated that tunnel vision could have played a part in why he
did not notice the suspect almost hit another vehicle.

On the next two incidents, the suspect was again driving on the wrong side of the road on
Warm Springs near Arroyo Grande when he almost hit two vehicles head-on. Officer
Avanessian stated that on the first incident, from the distance he was traveling and the angle
where the suspect was at, he could not see that the suspect had almost hit another vehicle
head-on. He stated that he did see the next incident where the suspect drove past another
vehicle while on the wrong side of the road. Officer Avanessian stated that from his point of
view, he could not see exactly how close the suspect was to the car. He added that he knew

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that the second officer in the pursuit was giving updates “as he felt were needed.” Officer
Avanessian stated that the suspect was not swerving or driving at vehicles, but if he had done
this, he (Officer Avanessian) would have updated dispatch with this information. He added that
even at this point in the pursuit, he felt that officers were within the guidelines of the
department vehicular pursuit policy. Officer Avanessian stated that he would have terminated
the pursuit if he felt that it no longer was within department vehicular pursuit policy.

On the final incident, Officer Avanessian followed the suspect from Warm Springs onto the
wrong side of Marks Street. Officer Avanessian stated that he made a conscious effort to
follow the suspect onto the wrong side of the road in order to stay up with him. He stated that
before turning onto Marks, he cleared it and saw that there weren’t any vehicles on the street
before turning onto it.

Officer Avanessian stated that at no point during the pursuit did he drive with a wanton
disregard for public safety. He felt he was always in control of his vehicle during the pursuit.

Officer Hollingsworth
On 11-8-18 at approximately 1201 hours, Officer Hollingsworth was interviewed at the Internal
Affairs Bureau office and advised the following:

He has worked for the Henderson Police Department for two years and is currently assigned to
the GBN squad. On the day of the officer involved shooting, Sergeant Bogdanowicz was his
supervisor.

o Officer Hollingsworth then relayed the same details from his ISD interview of how he
became aware of the armed robbery call, and his recollection of how he became
involved in the vehicular pursuit.

As Officer Hollingsworth relayed the details of the robbery call that led to the pursuit, he stated
that due to the severity of the violent crime, the “government interest was high” in
apprehending the suspect. He added that it was “unpredictable” what the suspect would do
next after committing an armed robbery.

o Officer Hollingsworth was then showed his dash camera video of each driving event that
was a potential violation of the vehicular pursuit policy.

Officer Hollingsworth started by stating that when he drives Code 3, he has been trained to
clear a red light intersection for any traffic before proceeding through. He added that when he
drives Code 3, he does not exceed 70% of what his or his vehicle’s capabilities are.

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On the first incident where Officer Hollingsworth went through a red light, he stated that as he
was approaching the intersection, he was looking in all directions where traffic could be coming
from. After clearing the intersection, he proceeded through at a speed that he was comfortable
with. He added that he could have safely maneuvered had a vehicle entered his path.

o A review of the dash camera revealed that there weren’t any vehicles coming from the
east bound direction.

On the second incident on Horizon Drive at the US95 overpass, Officer Hollingsworth went
through a red light intersection. He stated that he was the third or fourth patrol car to go
through the intersection, so that was his first indicator that the intersection would be safe to
drive through. As he approached the intersection, he still looked for traffic to ensure no one
was in his path before proceeding through. Officer Hollingsworth stated that he did look well in
advance and saw “wide open” that there wasn’t any traffic before he went through the red light.
He added that at the intersection, he entered at a safe speed.

o A review of the dash camera on the second incident revealed that the west bound traffic
was stopped at the red light. There weren’t any cars in the north bound direction.

On the third incident, Officer Hollingsworth went through a red light on Stephanie at the I215
overpass. Officer Hollingsworth stated that at this intersection, there was only 2 directions of
traffic that he had to look for. Before entering the intersection, he could clearly see that both
directions did not have any traffic, so he proceeded through the intersection at a safe speed.
Officer Hollingsworth added that at the very next intersection after this one (where officers
entered the I215-west bound), an NHP patrol car exits the I215 onto Stephanie and cuts
directly in front of him. He stated that he was able to safely avoid a collision with the NHP
vehicle due to him entering intersections at safe speeds.

o A review of the dash camera revealed that there were 4 vehicles in the east bound
lanes that were stopped at the intersection. There weren’t any vehicles in the south
bound turning lanes.

On the fourth incident, Officer Hollingsworth went through a red-light intersection at Warm
Springs and Arroyo Grande. Officer Hollingsworth stated that he is familiar with this
intersection because he works this area. He said that the north and south traffic is one way in
each direction (due to construction), and as he approached the intersection, both lanes of
traffic were stopped. He also saw that the west bound turn lane was already stopped. Due to
all the vehicles already yielding to officers, he entered the intersection at a safe speed.

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o A review of the dash camera revealed that there were 2 vehicles heading west bound
and there were 3 vehicles heading south bound. All vehicles had come to a stop for
emergency vehicles.

He stated that at no time in the pursuit did he drive with a wanton disregard for public safety.
Adding that he always watched for traffic and pedestrians and drove within his capabilities. He
felt the need to stop the suspect outweighed the risk of the pursuit.

Officer Hollingsworth stated that he feels the pursuit was within the guidelines of the
department vehicular pursuit policy.

Officer Loftis
On 11-6-18 at approximately 0808 hours, Officer Loftis was interviewed at the Internal Affairs
Bureau office and advised the following:

He has worked for the Henderson Police Department for three years and is currently assigned
to the GBE squad. On the day of the officer involved shooting, Sergeant Harper was his
supervisor.

o Officer Loftis then relayed the same details from his ISD interview of how he became
aware of the armed robbery call, and his recollection of how he became involved in the
vehicular pursuit.

As Officer Loftis relayed the details of the robbery call that led to the pursuit, and stated that he
feared the situation would worsen if the suspect was not apprehended.

o Officer Loftis was then showed his dash camera video of each driving event that was a
potential violation of the vehicular pursuit policy.

On the first incident where Officer Loftis went through a red light without clearing the
intersection, he stated that as he approached the intersection, he was already clearing it by
looking both ways for traffic. Adding, there was already another patrol car ahead of him on his
left that had cleared the intersection and was blocking traffic. Due to the officer being stopped
in the intersection and blocking traffic on his left side (out of camera view) and him looking both
ways before proceeding through the intersection, he felt that the intersection was clear.

o A review of the dash camera revealed that there weren’t any vehicles in the east bound
lanes. All north and west bound lanes were blocked by a patrol car in the middle of the
intersection.

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Officer Loftis stated when driving Code 3, he has been trained to slow down and check for
traffic before proceeding through the intersection. Although the video does not appear to show
him clear the intersection, he stated that he did.

The second incident showed Officer Loftis driving Code 3 and passing a vehicle on the right-
hand side. Officer Loftis started by stating that he has been trained to pass vehicles on the left
while driving Code 3 due to vehicles yielding to the right. This is to avoid vehicle collisions. He
added that citizens do not always pull to the right like they’re supposed to, so at the officer’s
discretion, they can go around to the right when they can do it safely. In this particular
situation, the vehicle was not pulling to the right, so Officer Loftis drove around to the right in a
safe manner and continued with the pursuit.

On the next incident, Officer Loftis stated that as he approached the intersection with a red
light, he could already see that cross-traffic vehicles were stopping when the patrol cars ahead
of him went through the intersection. Since he was directly behind them, and the cross-traffic
was still stopped, he felt that it was safe to proceed through the red light. Officer Loftis added
that at this point in the pursuit, traffic was “light” and there weren’t a lot of vehicles on the road.

o A review of the dash camera revealed that there were 2 vehicles in the north bound
lanes stopped at the intersection for emergency vehicles.

On the following two incidents where Officer Loftis passed vehicles on the right, he stated that
he remembered Sergeant Harper getting on the radio giving direction for officers to try and get
ahead of the suspect vehicle to deploy stop-sticks. As Officer Loftis was able to get ahead of
the suspect vehicle on the I215 at Valle Verde, the suspect then exited at Valle Verde, behind
Officer Loftis. Since Officer Loftis was already on the I215, he then had to go to Green Valley
Parkway in order to exit I215 and try to catch back up with the pursuit. As he drove down the
I215 from Valle Verde, since Green Valley Parkway was the very next exit, he felt that it would
have been more dangerous to quickly cross all travel lanes to get to the far left lane just to then
quickly cross all the lanes again to exit the freeway than just stay in the right lane in order to
quickly exit the freeway. Officer Loftis stated that he felt this was the safest way to exit the
freeway and he did in fact execute this plan in a safe manner.

On the final incident where Officer Loftis went through an intersection with a red light, he stated
he did in fact slow down and look for traffic before proceeding through the intersection at a
safe speed.

o A review of the dash camera revealed that there weren’t any vehicles in the east, north
or west bound lanes.

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During all these events where he entered red light intersections, he felt that he drove at a safe
speed where if a car did enter the intersection in front of him, he could have safely
maneuvered his patrol car to avoid an accident.

Adding that during this pursuit, he followed the department pursuit policy and he drove the way
he has been taught in training. Officer Loftis finished by stating that he felt that he never drove
his patrol car with a wanton disregard for public safety.

Officer Hamby
On 11-6-18 at approximately 0958 hours, Officer Hamby was interviewed at the Internal Affairs
Bureau office and advised the following:

He has worked for the Henderson Police Department for almost two years and is currently
assigned to the GBE squad. On the day of the officer involved shooting, Sergeant Harper was
his supervisor.

o Officer Hamby then relayed the same details from his ISD interview of how he became
aware of the armed robbery call, and his recollection of how he became involved in the
vehicular pursuit.

He responded to the Jack in the Box and located the suspect vehicle in the drive-thru. He
stated that the suspect was “a threat” and he was concerned for the safety of the public if the
suspect remained outstanding. As the suspect exited the drive-thru and fled from officers,
Officer Hamby stated that the suspect was now a “fleeing felon” so a pursuit was initiated.

Officer Hamby stated that when it comes to Code 3 driving, officers are trained to stay in the
far left lane so that the other vehicles on the roadway can safely yield to the right. When
approaching red lights at intersections, officers are supposed to slow down and make sure no
traffic is driving through so that they can proceed through the intersection safely.

o Officer Hamby was then showed his dash camera video of each driving event that was
a potential violation of the vehicular pursuit policy.

On the first incident where Officer Hamby passed a vehicle on the right while driving on
Sunset, he stated that as he approached this vehicle, he noticed that it was not moving over to
the right lane. He said that there was a median to the left and an open lane to the right, so he
decided to move to the right lane, where he knew he could safely pass the vehicle. Officer
Hamby stated that as he moved past the vehicle on the right, he had made plans in his mind

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where he was going to maneuver if the vehicle moved into his lane. Once he passed the
vehicle, he moved back to the left hand lane.

On the second incident, Officer Hamby was stopped at a red light before driving through the
intersection without his lights and siren. Officer Hamby stated he was driving a Ford Crown
Victoria, which has a different light bar than the Chevrolet Tahoe. Part of the difference is that
there are times where there is a slight delay from when the light bar is activated to when the
lights actually come on. While stopped at the light, he heard the pursuit start back up. He
cleared the intersection and proceeded to drive through it while activating his lights, but there
was a slight delay before the lights came on. He stated that at no time did he place anyone in
danger when he proceeded through this intersection.

Officer Hamby stated that at no point in the pursuit did he drive with a wanton disregard for
public safety. Adding that he was alert, and he made sure to breathe and to look around to
break any tunnel vision. He “was aware of everything he was doing.” Officer Hamby stated that
had the pursuit became a public safety issue, he would have stopped pursuing the suspect.

Officer Mayle
On 11-6-18 at approximately 0849 hours, Officer Mayle was interviewed at the Internal Affairs
Bureau office and advised the following:

He has worked for the Henderson Police Department for the past two and a half years and
prior to this, he worked for the Stark County Sheriff’s office for 17 years. Officer Mayle is
currently assigned to the GBE squad. On the day of the officer involved shooting, Sergeant
Harper was his supervisor.

o Officer Mayle relayed the same details from his ISD interview of how he became aware
of the armed robbery call, and his recollection of how he became involved in the
vehicular pursuit.

Officer Mayle stated that he was aware of an armed robbery that had occurred at a 7-11 just
days prior to the officer involved shooting and the suspect description matched this suspect.
As he arrived on scene at the Jack in the box, he was concerned that if this was the same
suspect from the previous 7-11 robbery, he feared he would reoffend if he was not
apprehended. Officer Mayle added that as officers pursued the suspect, he felt that they were
within the department vehicular pursuit guidelines

o Officer Mayle was then shown his dash camera video of each driving event that was a
potential violation of the vehicular pursuit policy.

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On the first incident, Officer Mayle was shown the video where he proceeded through a red
light intersection without first slowing down and checking for traffic. Officer Mayle stated that he
has been trained to slow down and clear intersections both ways before proceeding through. In
this intersection, Officer Mayle stated that he did clear it left and right as he was approaching
to ensure there weren’t any vehicles. He did not “blindly” follow the patrol car in front of him
through the intersection. Officer Mayle added that at this intersection on the I215 at Stephanie
overpass, there were only two directions of vehicles to clear. For this reason, he was able to
clear the intersection a lot quicker than a normal 4 direction intersection.

o A review of the dash camera revealed that there were 4 vehicles in the east bound
lanes that were stopped at the intersection for emergency vehicles.

Officer Mayle stated that in his normal Code 3 driving, he consistently slows down before the
intersection and checks for traffic both ways before proceeding through.

Officer Mayle stated that as the pursuit continued for the armed robbery suspect, he was very
concerned for the safety of the public and for the officers involved. He felt it was very important
to stay with the pursuit because at any moment when it ended, he wanted to be there with the
involved officers who would be dealing with an armed suspect. At no time during the pursuit
did he drive with a wanton disregard for public safety.

Officer Good
On 11-7-18 at approximately 0806 hours, Officer Good was interviewed at the Internal Affairs
Bureau office and advised the following:

He has worked for the Henderson Police Department for three years and is currently assigned
to the GBE squad. On the day of the officer involved shooting, Sergeant Harper was his
supervisor.

o Officer Good then relayed the same details from his ISD interview of how he became
aware of the armed robbery call, and his recollection of how he became involved in the
vehicular pursuit.

As Officer Good relayed the details of the robbery call that led to the pursuit, he stated that
since the robbery was involving a gun and the suspect had pointed it at the victim, his concern
for public safety was “heightened.” Adding, that he felt there was a need for as many officers
as they could get to “keep the situation from getting out of control.” He felt that the pursuit was
within department vehicular pursuit policy.

o Officer Good was then showed his dash camera video of each driving event that was a
potential violation of the vehicular pursuit policy.

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Officer Good stated that when driving Code 3, he was trained to drive in the left lane so that
vehicles can pull to the right. This does not always work out because some people will stop in
the left lane when an officer is approaching from behind with lights and sirens. In these
moments, an officer is to decide how they can safely go around the vehicle, without getting into
an accident.

On the first incident, Officer Good passed a vehicle on the right. Officer Good stated he
remembered this vehicle because as he was approaching, the vehicle started to “hug” the left-
hand side, indicating that it noticed approaching officers and was slowing down. Officer Good
stated that due to this situation, he cleared to make sure no one was to his right before passing
the vehicle. Adding that he slowed down as he passed the vehicle and if the vehicle did drive
into his path, he could have safely maneuvered around it without getting into an accident.

On the second incident, Officer Good passed vehicles on the right hand side. Officer Good
stated that as he entered US95, he initially started to pull to the left in order to get to the
number 1 travel lane. As he was doing so, he noticed that one of the vehicles in front of him
started to yield to him by pulling to the left, instead of the right. He felt that due to this vehicle’s
actions, it would be safer to stay to his right in order to safely pass him. That was the reason
he pulled an additional half lane to the right, away from the vehicle, so that in the event the
vehicle tried to pull to the right, it gave him more reaction time.

On the final incident, Officer Good passed a vehicle on the right on I215 near Valle Verde.
Officer Good stated he remembered this incident. The vehicles in front of him were again
pulling to left, instead of right. He made the decision to go to the right, based on them moving
to the left. Officer Good stated that this was the safest way to get around the vehicles based on
their actions, instead of the right.

He felt that at no point did he drive with a wanton disregard for public safety and that he “fully
believes” that he was always in total control of the vehicle. Throughout the pursuit, he made
sure to breathe and scan in order to help him stay alert and in control.

Officer Stevens
On 11-6-18 at approximately 0933 hours, Officer Stevens was interviewed at the Internal Affairs
Bureau office and advised the following:

He has worked for the Henderson Police Department for three years and is currently assigned
to the GBE squad. On the day of the officer involved shooting, Sergeant Harper was his
supervisor.

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o Officer Stevens then relayed the same details from his ISD interview of how he became
aware of the armed robbery call, and his recollection of how he became involved in the
vehicular pursuit.

As he relayed the details of the robbery call, he stated that due to the nature of the call, he had
concerns for the safety of the public if the suspect was not apprehended. Adding that given
these same circumstances, the initiation of a pursuit was within the guidelines of the vehicular
pursuit policy.

o Officer Stevens was then showed his dash camera video of each driving event that was
a potential violation of the vehicular pursuit policy.

The first incident showed Officer Stevens driving on the wrong side of the road on Burkholder,
approaching Racetrack. He remembered this incident. He stated that at this point, officers had
lost the suspect and were attempting to locate him. Officers in the area were able to quickly
locate him and the pursuit was resumed. As he was attempting to catch up with the pursuit, he
came off an unknown side street to turn right (eastbound) onto Burkholder. Officer Stevens
said that he took the turn “a little too fast.” Knowing that there was no traffic and “very limited”
pedestrians, he felt that it was better to continue the wrong way on Burkholder where he could
see straight ahead that there weren’t any vehicles. Adding that his lights and siren were on and
that there wasn’t a break in the median until he approached Racetrack. As soon as it was safe
to do so, he got back on the correct side of the road. Officer Stevens stated that he made a
conscious decision to stay on the wrong side of the road because he knew there wasn’t any
traffic and that turning around would have caused a delay of being able to catch up to the
suspect vehicle.

o A review of the dash camera revealed that there weren’t any vehicles in the west bound
lanes while Officer Stevens drove east bound in the wrong direction.

On the second incident, Officer Stevens drove briefly on the wrong side of Pacific (south
bound) before turning left onto a residential side street. Officer Stevens stated that in this
incident, officers were again attempting to catch up to the suspect vehicle. He didn’t remember
much more about this incident other than officers were attempting to locate and pursue the
suspect.

o A review of the dash camera revealed that there weren’t any vehicles in the north bound
lanes while Officer Stevens drove south bound in the wrong direction.

Officer Stevens stated that at no point did he feel that he was driving in a way that was
reckless or in a way that endangered the public. He added that if there were more vehicles on

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the roadway, he would have changed the way he was driving. He did not feel that at any point
in the pursuit did he drive with a wanton disregard for public safety.

Officer Erickson
On 11-8-18 at approximately 0703 hours, Officer Erickson was interviewed at the Internal Affairs
Bureau office and advised the following:

He has worked for the Henderson Police Department for three and a half years and is currently
assigned to the GBE squad. On the day of the officer involved shooting, Sergeant Harper was
his supervisor.

o Officer Erickson then relayed the same details from his ISD interview of how he became
aware of the armed robbery call, and his recollection of how he became involved in the
vehicular pursuit.

As Officer Erickson relayed the details of the robbery call, he stated that due to the
circumstances surrounding the call for service, he feared for the public safety and stated that
the capture of the suspect was “paramount.” Officer Erickson added that the pursuit was within
the guidelines of the department vehicular pursuit policy.

o Officer Erickson was then showed his dash camera video of each driving event that was
a potential violation of the vehicular pursuit policy.

Officer Erickson stated that when it comes to driving through red light intersections while
driving Code 3, he has been trained to “clear” the intersection first by slowing down and
checking both directions for any cross traffic.

Officer Erickson went on to state that while in vehicular pursuits, he has been trained to give
good updates of traffic, speed, and direction to the supervisor. Adding that this is important
because the involved officers are the “eyes and ears” for the supervisor during the pursuit.

On the first and second incidents, Officer Erickson went through two red light intersections on
the Horizon Drive overpass at US95. Officer Erickson stated that as he was pursuing the
suspect, and as he was approaching the first intersection, he was clearing it by looking in the 2
directions of where the cross traffic would be coming from. He could see that there was no
traffic, so he proceeded through. On the second intersection, Officer Erickson stated that he
scanned and verified that there was no traffic before going through the intersection. He added
that there was very little traffic at this point of the pursuit and he proceeded through both
intersections at a speed he felt he could safely maneuver if a vehicle entered the intersection.

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o A review of the dash camera revealed that the first intersection did not any vehicles
from either direction. The second intersection revealed that there weren’t any vehicles in
the north or west bound lanes.

On the third incident, the suspect vehicle drove on the wrong side of the roadway and almost
hit another vehicle head-on. Officer Erickson stated that he did not remember seeing this
happen. He stated that if he had seen that, he would have notified dispatch and his supervisor.

On the fourth and fifth incident, the suspect vehicle drove on the wrong side of the road again,
almost hitting two more vehicles. Officer Erickson stated that in the video, it appears that the
suspect is closer than he is. He advised that the suspect is all the way to the left in the turn
lane, giving him “quite a bit of space” between vehicles. Given this extra space, he did not
believe that the suspect had almost hit these vehicles head-on, or he would have notified
dispatch and his supervisor. Officer Erickson stated that at no point did it appear that the
suspect was trying to drive at other vehicles. Officer Erickson stated that even though the
suspect was driving on the wrong side of the road, officers were still within the guidelines of the
department vehicular pursuit policy. He felt he never drove with a wanton disregard for public
safety.

Sergeant Bogdanowicz
On 11-6-18 at approximately 1441 hours, Sergeant Bogdanowicz was interviewed at the Internal
Affairs Bureau office and advised the following:

He has worked for the Henderson Police Department for 12 years (5 years as a supervisor)
and is currently assigned to the SAE squad. On the day of the officer involved shooting, he
was working overtime on GBN where Lieutenant Seekatz was his supervisor.

Sergeant Bogdanowicz stated the original call for service that led to this pursuit was an armed
robbery that had occurred in the West Area Division where the victim’s cellular phone and
backpack were taken. A short time later, investigating officers were able to track the cellular
phone to the East Area Division. Sergeant Bogdanowicz had left the North Area Division and
was heading to the East Area Division station when he heard over the radio that officers had
located the suspect vehicle at the Jack in the Box and fled from officers, at which time a
vehicular pursuit was initiated.

Sergeant Bogdanowicz stated that based on the facts surrounding this robbery, officers were
within the guidelines of the department vehicular pursuit policy to pursue the suspect.

He became involved in the pursuit as it reached Lake Mead, near the Cadence housing
development. He stated that the traffic was very light and he did not see any pedestrians out.

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Adding, he did not see any actions from the suspect or officers that would have made him
cancel the pursuit.

Sergeant Bogdanowicz broke away from the pursuit (at 0534 hours) only one time in attempts
to get in front of the suspect, which was unsuccessful. He ultimately got involved with the
pursuit again (at 0550 hours) and stayed with it until it ended.

o It is noted that during the time that Sergeant Bogdanowicz was attempting to get in front
of the suspect, he reached speeds up to 80mph (on Boulder Highway) and 91mph (on
US95).

o Sergeant Bogdanowicz was then showed his dash camera video of each driving event
that was a potential violation of the vehicular pursuit policy.

On the first incident, Sergeant Bogdanowicz drove through a red light without first checking for
traffic. He stated that upon approaching this intersection, he let off the gas pedal and covered
the brake pedal, and then checked for any vehicular traffic from both directions before
proceeding through the intersection. If there were vehicles in the roadway, he would have
slowed down. Sergeant Bogdanowicz stated that as a former EVOC (Emergency Vehicle
Operator Course) instructor, this is how he instructs officers to drive through red lights when
driving Code 3.

o A review of the dash camera revealed that there weren’t any vehicles in the north or
south bound lanes. There was one vehicle in the east bound turn lane but it was
stopped at the intersection for the emergency vehicle.
o A review of the current EVOC lesson plan revealed that while driving Code 3 and
approaching an intersection, officers are to evaluate traffic conditions, position for
maximum visibility, slow down, fluctuate the siren to get the attention of others, and stop
when necessary. While clearing intersections, officers are to allow time for other drivers
to react, clear lanes one at a time, keep looking left, then right, then left, all the way
through the intersection, look for other “Code 3” vehicles, and make eye contact with
other drivers or pedestrians who appear to be yielding the right-of-way.

On the second incident, the suspect almost got in a head-on collision with another vehicle on
Valle Verde near Wigwam. Sergeant Bogdanowicz stated that he did not remember seeing this
happen. Had he seen this happen, he “possibly” would have notified dispatch. After watching
this from his dash camera, he stated that based on the facts that the suspect had committed a
felony crime, his identity was unknown, and the ability to track him through the cellular phone
could have been lost at any minute due to the phone battery dying, he would have still let the
pursuit continue.

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On the second and third incidents, the suspect almost got into two more head-on collisions
with other vehicles on the roadway on Warm Springs at Arroyo Grande. Sergeant
Bogdanowicz stated that he did not see the second incident because there was a vehicle
blocking his view. He went on to state that he did see the third incident because he
remembered the vehicle on the roadway coming to a complete stop in the number two travel
lane and the suspect drove all the way to the number three lane to go around the vehicle. It did
not appear that the suspect was driving at other vehicles on the roadway but was attempting to
escape officers. At this point, Sergeant Bogdanowicz started to consider terminating the
pursuit, but decided to let the pursuit continue once the suspect got back on the right side of
the roadway. If the suspect, while still on Warm Springs, had gotten to Stephanie and was still
on the wrong side of the road, he would have terminated the pursuit due to the public safety.

Sergeant Bogdanowicz stated that at no point during the pursuit did he drive with a wanton
disregard for public safety. He went on to state that at no point in the pursuit did he observe
any of the involved officers drive with a wanton disregard for public safety.

Sergeant Harper
On 11-12-18 at approximately 0804 hours, Sergeant Harper was interviewed at the Internal Affairs
Bureau office and advised the following:

He has worked for the Henderson Police Department for 17 years and is currently assigned to
the DBE squad. On the day of the officer involved shooting, he was an Acting Sergeant for
GBE where Lieutenant Seekatz was his supervisor.

Sergeant Harper started by stating that the original call for service that led up to this pursuit
was an armed robbery that had occurred in the West Area Division, and East Area Division
officers were requested to look for the suspect vehicle. The suspect was being tracked by the
stolen cellular phone and was in the area of Boulder Highway and Texas. Responding officers
set up around the location and located a possible suspect vehicle, but they did not make
contact due to him still being next to the Jack in the Box drive-thru window where there were
bystanders. Once the suspect vehicle pulled out of the drive-thru, officers attempted to stop
him, but he fled, at which time a vehicular pursuit was initiated.

Sergeant Harper stated that given the details of the call for service, officers were within policy
to initiate a vehicular pursuit.

Several minutes into the pursuit, the suspect vehicle drove onto the northbound exit at Sunset
Road from the US95 in the wrong direction. The pursuit was terminated by Lieutenant Seekatz.
A short time later, the suspect was seen exiting the US95 at Autoshow where officers were
able to start the pursuit back up again. The pursuit continued until the vehicle came to a stop
on Trail Canyon at Gibson.

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o Sergeant Harper was then shown his dash camera video of each driving event that was
a potential violation of the vehicular pursuit policy.

Sergeant Harper started off by stating that the department teaches officers to drive in the
number one travel lane while driving Code 3 or while in a pursuit due to vehicles yielding to the
right. He stated that vehicles do not always yield to the right like they are supposed to.
Sometimes they stop in the roadway or they will pull to the left. If this happens, officers need to
get around the vehicle so that they can respond to the emergency.

On the first incident Sergeant Harper passed a vehicle on the right-hand side. A few officers in
front of Sergeant Harper had already gone around the same vehicle due to it not yielding to the
right. Due to this, Sergeant Harper made the decision to also pass the vehicle on the right.
Sergeant Harper stated that if the vehicle had decided to pull in front of him as he was passing
on the right, there was plenty of space for him to safely maneuver and avoid a collision.

On the second incident, Sergeant Harper followed the suspect onto the US95 heading
southbound in the northbound lanes, seconds before Lieutenant Seekatz terminated the
pursuit. Sergeant Harper was already on the US95, so he got on the radio to notify Lieutenant
Seekatz that he was already on the US95 with his lights on to warn traffic and “preserve life”.
Since Sergeant Harper was already on the US95, Lieutenant Seekatz allowed him to continue.
Sergeant Harper stated that he only got on the US95 to warn other drivers; not to pursue the
suspect. Given that it was at night time, he knew that his overhead lights would be seen from a
distance by oncoming traffic and could warn them of the suspect vehicle. He stated if this had
occurred at 12 o’clock in the afternoon, then his lights would not have had the same effect and
his decision to get on the US95 would have been different. Sergeant Harper stated that as he
was driving on the US95, he could see that vehicles were moving to the opposite side of the
road. Sergeant Harper reiterated that his sole purpose of getting on the US95 was to warn
drivers of the suspect vehicle.

o It is noted that Sergeant Harper reached speeds of 55mph on the US95 before finally
exiting onto the Auto Show on-ramp.

He stated that Nevada Revised Statutes allows officers to “go against traffic” and quoted NRS
484B.700 by saying officers can “disregard regulations governing direction of movement.” He
stated that he interprets this Nevada Revised Statute as officers can drive on the opposite side
of roadways.

o A search of NRS 484B.700 states: “The driver of an authorized emergency vehicle or an


official vehicle of a regulatory agency, when responding to an emergency call or when in

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REFER TO DPM-1092 PAGE 38 OF 44

pursuit of an actual or suspected violator of the law or when responding to but not upon
returning from a fire alarm, or a vehicle escorting a funeral procession, may:

C. Disregard regulations governing direction of movement or turning in specified


directions.”

Sergeant Harper went on to state that at no point during the pursuit did he drive with a wanton
disregard for public safety. Adding, he did not see any officers involved in the pursuit drive with
a wanton disregard for public safety. He concluded that at no point in the pursuit were his or
the other officer’s actions a greater risk to the public than the suspect’s escape.

Lieutenant Seekatz
On 11-5-18 at approximately 0815 hours, Lieutenant Seekatz was interviewed and advised the
following:
He has been a supervisor for the Henderson Police Department for the past 10 years, and he
has been a lieutenant for the last two of those years.

Lieutenant Seekatz stated that on 9/22/18, he was the watch commander of the graveyard shift
when the original call for service that led up to the officer involved shooting was dispatched. He
remembered that in the area of Teton Ranch and Carnegie, a victim called in to dispatch and
stating that he was robbed at gun point by a Hispanic male and female, and the suspects took
off with his backpack and cellular phone. The victim stated that the suspects fled in a red Ford
SUV with unknown Nevada plates. Responding officers inquired with dispatch if the victim
could locate his phone with GPS, but the victim stated that his phone was at “one percent.” He
was initially suspicious of the call due to the circumstances, but soon changed his mind as the
victim was able to start tracking his phone.

He was initially advised that the phone was showing in the area of Van Wagenen, Water
Street, and then Texas Avenue at the Jack in the Box. As he was monitoring the radio
updates, he became worried that these suspects were “hopping place to place to go find
somebody else to rob,” and “they were going to hurt somebody.” Lieutenant Seekatz stated
that at this point of the call for service, he knew that he had a crime of armed robbery and
assault with deadly weapon, and the suspects were now at the Jack in the Box.

As the suspect vehicle left the Jack in the Box, officers attempted to conduct a traffic stop but
the suspect fled, which initiated the pursuit. The suspect initially fled south on Boulder Highway
in the north lanes. Lieutenant Seekatz stated that even with this information, he let the pursuit
go because there were no vehicles or pedestrians out and the pursuing officers were calm on
the radio. The suspect then quickly turned onto Palo Verde where officers lost sight of him.
Lieutenant Seekatz did not remember who the pursuing officers were.

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HENDERSON POLICE DEPARTMENT
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ADMINISTRATIVE REPORT
REFER TO DPM-1092 PAGE 39 OF 44

Officers were able to get an updated GPS location of the suspect before locating him and
resuming the pursuit. Lieutenant Seekatz stated that given the facts and circumstances up to
this point, officers were able to pursue the suspect per the department policy. Sergeant
Harper, who was monitoring and supervising the pursuit, updated dispatch that the suspect
was throwing things out of his vehicle and his hand was out of the window. Lieutenant Seekatz
went on to state that when this radio update was given, he was in the area on Warm Springs
when he saw the suspect vehicle drive by him as it fled from officers. He stated that he saw the
suspect with his hand out of the side of the vehicle with what he thought was a gun pointed at
pursuing officers. He stated that he wasn’t positive that it was a gun so he did not put that
information over the radio in order to avoid unnecessarily escalating the incident. Lieutenant
Seekatz made it clear that he was never in the pursuit, but continually drove in the direction of
the pursuit so that he could monitor and supervise it.

Lieutenant Seekatz stated that the pursuit continued until it reached the US95 and Sunset
Road when he heard that the suspect was now the wrong way on the US95. He stated that
due to this, officers no longer met the requirements to pursue the suspect, so he immediately
shut down the pursuit. He figured the suspect was probably doing this on purpose and that this
was now a public safety issue. He did not remember an officer asking him over the radio if they
could parallel the suspect, but he stated that if they did ask “I would have told them no.”

Sergeant Harper got on the radio and advised Lieutenant Seekatz that he was now travelling
southbound in the northbound lanes of the freeway with his lights on to warn on-coming traffic.
Lieutenant Seekatz advised that he did not give Sergeant Harper permission to drive the
wrong way on US95. He noticed over the radio that Sergeant Harper’s siren was not activated
so he told him that he’s “already committed” so “proceed with your siren.” Lieutenant Seekatz
stated that at this point, he just wanted Sergeant Harper to get off the freeway but he didn’t
want him trying to do a U-turn on US95 and getting side swiped. He figured the best way to get
Sergeant Harper off US95 was with his lights and siren on to warn traffic and then to get off at
the next exit.

As soon as Sergeant Harper and the suspect exited the US95, he was back on the correct side
of the road pursuing the suspect. At this point, officers were again within policy and Lieutenant
Seekatz allowed the pursuit to resume.

Lieutenant Seekatz stated that he was not in the pursuit but would “see glimpses” of the
pursuit as he drove in the direction of it while monitoring the radio traffic. At one point,
Lieutenant Seekatz could see from a distance on Eastgate approaching Lake Mead that there
was a “daisy chain” of officers following the suspect. He stated that officers needed to break up
and try to get in front of the suspect if they were going to have a chance of catching him, so he
advised over the radio to some of the pursuing officers to break up and try to “bullseye.”

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HPD 0076
ADMINISTRATIVE REPORT
REFER TO DPM-1092 PAGE 40 OF 44

Sergeant Harper followed this lead and from this point forward was getting on the radio
regularly trying to dispatch officers to adjacent intersections in attempts to successfully deploy
stop sticks.

While he was monitoring the pursuit, he was constantly reevaluating it to ensure it was within
policy. He was also aware of the fact that there were several vehicles in the pursuit. He stated
he didn’t have a problem with “a couple more” than the primary and secondary, but he did not
want everyone in the pursuit. It was for this reason that he advised some of the officers to
bullseye.

Lieutenant Seekatz stated that as the pursuit continued, he “put a line in the sand” that around
5:50 am, he would shut down the pursuit if it hadn’t already ended due to the sun coming up
and more people being on the road.

He was never notified that the suspect vehicle almost hit other vehicles head on during the
pursuit. He stated that had he known that information, he would have shut down the pursuit.

As Lieutenant Seekatz made his way through the city monitoring the pursuit, he never saw any
officers drive in a way that was concerning to him. He went on to state that all the officers did a
great job on how they handled this incident. He never felt that the pursuit was “out of hand”.

Lieutenant Seekatz stated that throughout his career he has been involved in many pursuits
and that he has monitored many pursuits as a supervisor. Adding that he has a good
understanding of the pursuit policy. Lieutenant Seekatz stated that on several occasions in the
past, he has shut down pursuits because they did not fit the department vehicular policy, or the
officers failed to give updates. He said as he looks back on this particular pursuit, he knows
that this pursuit was within policy.

Summary
Pursuit
The review of the vehicular pursuit that preceded the use of force revealed that the initiation and
continuation of the pursuit met the guidelines set forth per Henderson Police Department policy
and procedures (DP314 – Vehicular Pursuits). However, during the pursuit, there were driving
actions that may be in violation of the vehicular pursuit policy based upon how some of the officers
and sergeants drove their patrol cars. The following officers and sergeants may have committed
the listed infractions, even though they justified their actions in their respective interviews.

Use of Force
The review of the use of force revealed that Officer’s Chronister, Avanessian, Stevens,
Hollingsworth, Hamby, Mayle, Loftis, and Good’s actions were reasonable and in-line with
Henderson Police Department training, and policy and procedure (DP300-Use of Force).

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ADMINISTRATIVE REPORT
REFER TO DPM-1092 PAGE 41 OF 44

The aforementioned incident(s) may be a violation of the following for Officer Chronister:
Henderson Police Department Policy Manual
DP314.6 – Vehicular Pursuits – Pursuit Officer Responsibilities:
• During the pursuit the responsibilities of the officer involved are:
5. Does not drive with a wanton and reckless disregard for the safety of other road users or
pedestrians when engaged in the pursuit. (Class 3)

The aforementioned incident(s) may be a violation of the following for Officer Hollingsworth:
Henderson Police Department Policy Manual
DP314.6 – Vehicular Pursuits – Pursuit Officer Responsibilities:
• During the pursuit the responsibilities of the officer involved are:
5. Does not drive with a wanton and reckless disregard for the safety of other road users or
pedestrians when engaged in the pursuit. (Class 3)

The aforementioned incident(s) may be a violation of the following for Officer Loftis:
Henderson Police Department Policy Manual
DP314.6 – Vehicular Pursuits – Pursuit Officer Responsibilities:
• During the pursuit the responsibilities of the officer involved are:
5. Does not drive with a wanton and reckless disregard for the safety of other road users or
pedestrians when engaged in the pursuit. (Class 3)

The aforementioned incident(s) may be a violation of the following for Officer Mayle:
Henderson Police Department Policy Manual
DP314.6 – Vehicular Pursuits – Pursuit Officer Responsibilities:
• During the pursuit the responsibilities of the officer involved are:
5. Does not drive with a wanton and reckless disregard for the safety of other road users or
pedestrians when engaged in the pursuit. (Class 3)

The aforementioned incident(s) may be a violation of the following for Officer Hamby:
Henderson Police Department Policy Manual
DP314.6 – Vehicular Pursuits – Pursuit Officer Responsibilities:
• During the pursuit the responsibilities of the officer involved are:
5. Does not drive with a wanton and reckless disregard for the safety of other road users or
pedestrians when engaged in the pursuit. (Class 3)

The aforementioned incident(s) may be a violation of the following for Officer Stevens:
Henderson Police Department Policy Manual
DP314.6 – Vehicular Pursuits – Pursuit Officer Responsibilities:
• During the pursuit the responsibilities of the officer involved are:

HPD 0076 City of Henderson, NV Revised: 12/22/2010


HENDERSON POLICE DEPARTMENT
HPD 0076
ADMINISTRATIVE REPORT
REFER TO DPM-1092 PAGE 42 OF 44

5. Does not drive with a wanton and reckless disregard for the safety of other road users or
pedestrians when engaged in the pursuit. (Class 3)

The aforementioned incident(s) may be a violation of the following for Officer Good:
Henderson Police Department Policy Manual
DP314.6 – Vehicular Pursuits – Pursuit Officer Responsibilities:
• During the pursuit the responsibilities of the officer involved are:
5. Does not drive with a wanton and reckless disregard for the safety of other road users or
pedestrians when engaged in the pursuit. (Class 3)

The aforementioned incident(s) may be a violation of the following for Officer Avanessian:
Henderson Police Department Policy Manual
DP314.4 – Vehicular Pursuits – Termination of Pursuit:
• All pursuits are constantly changing situations. It is imperative that all officers involved
continually reassess the pursuit to ensure that it still complies with the same criteria for the
initiation of the pursuit. (Class 3)

DP314.6 – Vehicular Pursuits – Pursuit Officer Responsibilities:


• During the pursuit the responsibilities of the officer involved are:
5. Does not drive with a wanton and reckless disregard for the safety of other road users or
pedestrians when engaged in the pursuit. (Class 3)

The aforementioned incident(s) may be a violation of the following for Officer Erickson:
Henderson Police Department Policy Manual
DP314.4 – Vehicular Pursuits – Termination of Pursuit:
• All pursuits are constantly changing situations. It is imperative that all officers involved
continually reassess the pursuit to ensure that it still complies with the same criteria for the
initiation of the pursuit. (Class 3)

DP314.6 – Vehicular Pursuits – Pursuit Officer Responsibilities:


• During the pursuit the responsibilities of the officer involved are:
5. Does not drive with a wanton and reckless disregard for the safety of other road users or
pedestrians when engaged in the pursuit. (Class 3)

The aforementioned incident(s) may be a violation of the following for Sergeant Bogdanowicz:
Henderson Police Department Policy Manual
DP314.4 – Vehicular Pursuits – Termination of Pursuit:
• All pursuits are constantly changing situations. It is imperative that all officers involved
continually reassess the pursuit to ensure that it still complies with the same criteria for the
initiation of the pursuit. (Class 3)

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HENDERSON POLICE DEPARTMENT
HPD 0076
ADMINISTRATIVE REPORT
REFER TO DPM-1092 PAGE 43 OF 44

DP314.6 – Vehicular Pursuits – Pursuit Officer Responsibilities:


• During the pursuit the responsibilities of the officer involved are:
5. Does not drive with a wanton and reckless disregard for the safety of other road users or
pedestrians when engaged in the pursuit. (Class 3)

DP314.7 – Vehicular Pursuits – Supervisory Responsibility:


• The supervisor plays an important role in the successful outcome of a pursuit. Their
responsibilities are:
3. Decides if and when to terminate the pursuit. Supervisors will be held accountable for the
pursuit and are expected to terminate pursuits that become unreasonable, unsafe or do not
conform to policy. (Class 3)

DPM445.3 – MVICS Recording and Distribution – Activation and Documentation:


• 1. Body Worn Camera (BWC) - Officers required to wear a BWC will activate the BWC prior
to arrival when responding to a call for service, or as early as possible at the beginning of any
self-initiated law enforcement or investigative encounter with a member of the public when it is
safe and practical to do so. (Class 3)

The aforementioned incident(s) may be a violation of the following for Sergeant Harper:
Henderson Police Department Policy Manual
DP314.6 – Vehicular Pursuits – Pursuit Officer Responsibilities:
• During the pursuit the responsibilities of the officer involved are:
5. Does not drive with a wanton and reckless disregard for the safety of other road users or
pedestrians when engaged in the pursuit. (Class 3)

DP314.7 – Vehicular Pursuits – Supervisory Responsibility:


• The supervisor plays an important role in the successful outcome of a pursuit. Their
responsibilities are:
3. Decides if and when to terminate the pursuit. Supervisors will be held accountable for the
pursuit and are expected to terminate pursuits that become unreasonable, unsafe or do not
conform to policy. (Class 3)

The aforementioned incident(s) may be a violation of the following for Lieutenant Seekatz:
Henderson Police Department Policy Manual
DP314.7 – Vehicular Pursuits – Supervisory Responsibility:
• The supervisor plays an important role in the successful outcome of a pursuit. Their
responsibilities are:
3. Decides if and when to terminate the pursuit. Supervisors will be held accountable for the
pursuit and are expected to terminate pursuits that become unreasonable, unsafe or do not
conform to policy. (Class 3)

HPD 0076 City of Henderson, NV Revised: 12/22/2010


HENDERSON POLICE DEPARTMENT
HPD 0076
ADMINISTRATIVE REPORT
REFER TO DPM-1092 PAGE 44 OF 44

To the best of my knowledge and belief, all entries made herein are true and impartial.

INVESTIGATOR: Seth VanBeveren DATE: 11/16/18

HPD 0076 City of Henderson, NV Revised: 12/22/2010

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