new las vegas metropolitan police department · 2020. 3. 1. · auto zone – 5810 west charleston...

LAS VEGAS METROPOLITAN POLICE DEPARTMENT

FORCE INVESTIGATION TEAM REPORT CONTINUATION

Event: 170928-1502

LVMPD Internal Oversight & Constitutional Policing of 39 Force Investigation Team

TABLE OF CONTENTS

I. PERSONS INVOLVED .................................................................................................... 4

Involved Officer ......................................................................................................... 4

Witness Officers ........................................................................................................ 4

Decedent ................................................................................................................... 6

II. PERSONS AT THE SCENE ............................................................................................ 6

III. INCIDENT DETAILS ........................................................................................................ 7

IV. BODY WORN CAMERAS (BWC) .................................................................................... 9

Officer Henri Aguilar .................................................................................................. 9

Officer Chad Baker .................................................................................................. 10

Officer Joseph Jerabek ........................................................................................... 11

Sergeant Kurt McKenzie ......................................................................................... 11

Officer Gregory Tracy .............................................................................................. 12

Officer Weston Williams .......................................................................................... 13

V. SCENE WALK-THROUGHS .......................................................................................... 14



VI. PUBLIC SAFETY STATEMENT (PSS) .......................................................................... 15

VII. OFFICER WEAPON COUNTDOWNS ........................................................................... 17



VIII. DESCRIPTION OF THE SCENE AND VISIBLE EVIDENCE ......................................... 19

IX. THIRD PARTY VIDEO AND PHOTOGRAPHIC EVIDENCE ......................................... 22

Private Residence - 6003 Bromley Avenue, Las Vegas, NV 89107 ........................ 22

Auto Zone – 5810 West Charleston Boulevard, Las Vegas, NV 89146 .................. 23

Four Kegs – 276 North Jones Boulevard, Las Vegas, NV 89107 ............................ 23

X. AUTOPSY ...................................................................................................................... 23

XI. PERSON CONTACTED ................................................................................................ 26

LVMPD Personnel ................................................................................................... 26

Civilians ................................................................................................................... 26

XII. INVESTIGATION ........................................................................................................... 26


Officer Ray Horsley ................................................................................................. 28

Officer Joseph Jerabek ........................................................................................... 29



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Tara Shapiro ........................................................................................................... 30

Sergeant Kurt McKenzie ......................................................................................... 30

Officer Gregory Tracy .............................................................................................. 31

Officer Henri Aguilar ................................................................................................ 32


XIII. TIMELINE ...................................................................................................................... 34

XIV. FORENSICS REQUESTS/RESULTS ............................................................................ 36

XV. WITNESS CANVASS .................................................................................................... 38



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I. PERSONS INVOLVED Involved Officer Name: Weston Williams, P# 9707 Date of hire: -06

Area of assignment: Bolden Area Command (BAC) Squad: BA25/SVT Call sign: Vehicle: BA10793 Shift hours: 0630-1630 hours Days off: Friday/Saturday/Sunday Statement given to FIT: Yes Weapon Make: Kimber Model: TLERL 1911 Caliber: .45

Serial number: Witness Officers Name: Henri Aguilar, P# 16259 Date of hire: -16 Area of assignment: BAC Squad: BA22 Call sign: Vehicle: BA10955 Shift hours: 0630-1630 hours Days off: Sunday/Monday/Tuesday Statement given to FIT: Yes Name: Chad Baker, P# 6266 Date of hire: -99 Area of assignment: BAC Squad: BA25/SVT Call sign: Vehicle: BA10793 Shift hours: 0630-1630 hours Days off: Friday/Saturday/Sunday Statement given to FIT: Yes



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Name: Joseph Jerabek, P# 13352 Date of hire: -08 Area of assignment: BAC Squad: BA22 Call sign: Vehicle: BA10478 Shift hours: 0630-1630 hours Days off: Sunday/Monday/Tuesday Statement given to FIT: Yes Name: Kurt McKenzie, P# 6746 Date of hire: -00 Area of assignment: BAC Squad: BA21 Call sign: Vehicle: BA16017 Shift hours: 0630-1630 hours Days off: Friday/Saturday/Sunday Statement given to FIT: Yes Name: Gregory Tracy P# 9708 Date of hire: -08 Area of assignment: BAC Squad: BA22 Call sign: Vehicle: BA10955 Shift hours: 0630-1630 hours Days off: Sunday/Monday/Tuesday Statement given to FIT: Yes



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Decedent Name: Craig Cuddihy DOB: -68 SSN: ID number: 5155509 Race: White Height/Weight: 601/200 Hair/Eyes: Brown/Brown Address: 1016 Silver Retreat Court Henderson, NV 89002 Weapon

Make: Glock Model: 19 Gen4 Caliber: 9mm Serial number: BDVL366

Vehicle

Year: 2005 Make & model: Toyota 4Runner Vehicle ID number (VIN): JTEZU14R050057134 Registered owner: Angela Cuddihy Address: 1016 Silver Retreat Court Henderson, NV 89002

II. PERSONS AT THE SCENE The majority of LVMPD personnel who arrived on this event were documented on the LVMPD unit log. Refer to the unit log for a complete listing of those individual’s names, personnel numbers, and call signs. The below listed persons responded to the primary and/or secondary incident scene(s) of this event but were not on the LVMPD unit log. LAW ENFORCEMENT OPERATIONS GROUP

COMMUNITY POLICING DIVISION

1) Deputy Chief Brett Zimmerman P# 3966 OFFICE OF THE SHERIFF/UNDERSHERIFF

OFFICE OF PUBLIC INFORMATION (PIO) 1) Officer Aden Ocampo-Gomez P# 13653

POLICE EMPLOYEE ASSISTANCE PROGRAM (PEAP)

1) Peer Counselor Cynthia Williams P# 8466



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CLARK COUNTY DISTRICT ATTORNEY'S OFFICE 1) Assistant District Attorney Robert Daskas

CLARK COUNTY OFFICE OF THE CORONER/MEDICAL EXAMINER (CCOCME)

1) Coroner John Fudenberg 2) Investigator Tiffany Brown

CCOCME case: 17-9914 Date & time of death: 09-28-17 at 1330 hours Seal: 440139

DAVIS MORTUARY

1) Joshua Turriff 2) Trampas Turriff

COLLECTIVE BARGAINING ASSOCIATIONS

LAS VEGAS POLICE MANAGERS AND SUPERVISORS ASSOCIATION (LVPMSA) 1) Attorney Jay Roberts 2) Attorney Tara Roberts

LAS VEGAS POLICE PROTECTIVE ASSOCIATION (LVPPA)

1) Officer Steven Grammas P# 6090 2) Officer Myron Hamm P# 6675 3) Officer Tyler Todd P# 8411 4) Officer Bryan Yant P# 6956 5) Attorney David Roger

MEDICAL PERSONNEL

LAS VEGAS FIRE & RESCUE 1) Engine 44 2) Rescue 6

III. INCIDENT DETAILS On 09-28-17 at 1029 hours, LVMPD Dispatch was contacted by Henderson Police Department (HPD) who requested assistance in locating a missing/endangered suicidal subject [Craig Cuddihy]. HPD reported Cuddihy was possibly armed with a handgun or rifle and driving a silver, 2005 Toyota SUV. HPD had pinged Cuddihy’s cellular phone and provided a possible address of 6020 West Charleston Boulevard. Officers Baker and Williams, operating as marked patrol unit 6W, assigned themselves to the call and contacted HPD dispatch for updated information. Officers Baker and Williams were provided an updated address of 5810 West Charleston Boulevard (Auto Zone). Upon arrival in the area, Officers Baker and Williams observed Cuddihy’s vehicle in the parking lot. Officer Baker requested additional units to establish a perimeter around the Auto Zone prior to



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attempting to make contact with Cuddihy. Prior to the perimeter being set, Cuddihy drove out the parking lot. The Air Unit followed Cuddihy’s vehicle as he drove westbound on West Charleston Boulevard then northbound on North Jones Boulevard. Marked patrol units followed Cuddihy from a distance as the Air Unit provided location updates. As Cuddihy drove on North Jones Boulevard, he struck another vehicle and continued driving into the Cal Ranch parking lot at 276 North Jones Boulevard. Cuddihy drove to the rear of the Cal Ranch where he pulled into an alcove in the back of building complex and exited his vehicle. As Cuddihy exited, Officers Baker and Williams saw Cuddihy was holding a handgun with his right hand. Officers Baker and Williams exited their patrol vehicle and issued several verbal commands for Cuddihy to drop his gun. Cuddihy raised the handgun and placed it to the right side of his head. Officer Baker continued to give verbal commands which Cuddihy ignored. Cuddihy subsequently fired one round into his head. Almost simultaneously, Officer Williams discharged his firearm. Officer Williams believed Cuddihy was rotating his firearm toward his direction. Officer Williams was in fear for his and Officer Baker’s life. Officers approached Cuddihy to render aid and saw he was possibly deceased from the gunshot wound to the head. Medical was requested to the scene and confirmed Cuddihy was deceased. (The investigation would later reveal Cuddihy was stuck in the upper right chest area with the bullet fired by Officer Williams. A review of Body Worn Camera footage and information obtained at autopsy was able to show Cuddihy was shot by Officer Williams while falling forward after shooting himself in the head. See autopsy report for additional details.) Due to the nature of the call, the LVMPD Force Investigation Team (FIT) was requested by on scene supervisors to respond. Upon arrival of investigators, Sergeant Gambini conducted a briefing. The following persons were present: 1) Assistant Sheriff Roberts 2) Deputy Chief Zimmerman 3) Captain Lewis 4) Captain McMahill 5) Captain Plummer 6) Lieutenant Bledsoe 7) Lieutenant Chio 8) Lieutenant Cintron 9) Lieutenant O’Brien 10) Sergeant Gambini 11) Sergeant MacDonald 12) Sergeant Ward



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13) Detective Alsup 14) Detective Colon 15) Detective Iacullo 16) Detective Jex 17) Detective Keith 18) Detective Kirkegard 19) Detective Leavitt 20) Detective Ludwig 21) Detective Patton 22) Detective Penny 23) Detective Ploense 24) Officer Ocampo-Gomez 25) CSI Director McLaughlin 26) CSA Supervisor Joseph 27) SCSA Fletcher 28) SCSA Smith Following the briefing Detective Penny was assigned the responsibility of documenting the crime scene with crime scene analysts as the lead case agent. Detectives Alsup, Colon, Jex, Keith, Leavitt, Patton and Ploense were assigned to interview available witnesses and conduct weapon countdowns. IV. BODY WORN CAMERAS (BWC) Officer Henri Aguilar Officer Aguilar was wearing a body worn camera at the time of the incident, and the camera was activated. The camera was collected by Sergeant MacDonald and secured. The video footage captured was later viewed by Detective Penny on 09-28-17. Officer Aguilar’s camera footage depicted the following during the approximate 12 minutes and 45 seconds it was activated during the event. The BWC does not show a time stamp of the date/time the video was recorded. The times noted are the minutes/seconds on the video from the time the BWC was activated. The footage began with Officer Aguilar driving his patrol vehicle as he responded to the area of the Auto Zone. Officer Tracy was in the passenger seat. Radio traffic was heard as patrol units were giving updates about the call. At 7:30, Officer Aguilar arrived at the Auto Zone and entered a parking lot adjacent to Auto Zone. At 8:32, Officer Aguilar exited the parking lot and joined other marked patrol units following Cuddihy’s vehicle. At 10:30, Officer Aguilar entered the Cal Ranch parking lot and drove to the rear of the shopping complex. At 11:05, Cuddihy was seen driving around a marked patrol unit and continued driving towards Officer Aguilar. Cuddihy eventually pulled into an alcove area. At 11:31, Cuddihy’s vehicle stopped near a dumpster and Officer Aguilar started to exit his patrol vehicle. At 11:41, Cuddihy was seen standing outside of his vehicle in the open driver’s



Event: 170928-1502


door area. Officers could be heard giving verbal commands to Cuddihy as his vehicle started to roll backwards. Cuddihy raised his right hand and placed his handgun to the right side of his head. At 11:57, two gunshots are heard and Cuddihy fell to the ground. At 12:15, officers are seen moving towards Cuddihy and a handgun can been seen on the ground near Cuddihy’s feet. Officer Aguilar then went to Cuddihy’s vehicle to clear it. The video ended at 12:45. Officer Chad Baker Officer Baker was wearing a body worn camera at the time of the incident, and the camera was activated. The camera was collected by Sergeant MacDonald and secured. The video footage captured was later viewed by Detective Penny on 09-28-17. Officer Baker’s camera footage depicted the following during the approximate 12 minutes and 35 seconds it was activated during the event. The BWC does not show a time stamp of the date/time the video was recorded. The times noted are the minutes/seconds on the video from the time the BWC was activated. The footage began with Officer Baker seated in the driver’s seat of this patrol vehicle and parked in the area of Auto Zone. Officer Baker was with Officer Williams who was in the passenger seat. Officer Baker provided updates via radio on Cuddihy’s location, movements and formulated a plan with responding patrol units. At 6:35, Officer Baker started to drive towards the Auto Zone. At 6:50, Cuddihy’s vehicle drove towards Officers Baker and Williams after they entered the Auto Zone parking lot. Officer Baker exited the patrol car with his handgun drawn and gave verbal commands for Cuddihy to stop. Cuddihy drove past officers and went north through the parking lot towards a dirt lot. At 7:10, Cuddihy drove over a curb and entered a dirt lot as patrol vehicles stopped behind him. At 7:30, Officer Baker parked his patrol vehicle between the Auto Zone building and a semi-truck in the same parking lot in an attempt to block Cuddihy’s path. Officer Baker exited his vehicle as Cuddihy re-entered the parking lot from the dirt lot. At 7:40, Officer Baker aimed his handgun at Cuddihy’s vehicle and gave several verbal commands to stop. Cuddihy drove his vehicle directly at Officer Baker who retreated as Cuddihy drove over a curb and sidewalk. Cuddihy then exited the Auto Zone parking lot. Officer Baker got back into his patrol vehicle and started to follow Cuddihy’s vehicle. At 10:20, Officer Baker entered the Cal Ranch parking lot and drove to the rear of the shopping complex. At 10:42, Cuddihy’s vehicle was observed as it drove around the building and approached Officer Baker’s vehicle. Cuddihy drove past Officer Baker and subsequently entered an alcove area behind the shopping complex. At 11:24, Officer Baker gave verbal commands to Cuddihy through the Public Address speaker to stop. At 11:28, Officer Baker exited his patrol vehicle and continued giving verbal commands. At 11:30, Cuddihy opened his driver’s door and exited the vehicle. Officer Baker aimed this handgun at Cuddihy and continued giving verbal commands. At 11:43, Officer Baker announced, “He’s got the gun!”



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At 11:52, two gunshots were heard and Cuddihy was seen falling to the ground. Officer Baker approached Cuddihy and a handgun could be seen next to Cuddihy’s body. As Officer Baker moved around Cuddihy he was heard saying, “Yea, he’s not survivable.” The video ended at 12:35. Officer Joseph Jerabek Officer Jerabek was wearing a body worn camera at the time of the incident, and the camera was activated. The camera was collected by Sergeant MacDonald and secured. The video footage captured was later viewed by Detective Penny on 09-28-17. Officer Jerabek’s camera footage depicted the following during the approximate 6 minutes and 26 seconds it was activated during the event. The BWC does not show a time stamp of the date/time the video was recorded. The times noted are the minutes/seconds on the video from the time the BWC was activated. The footage began with Officer Jerabek seated in the driver’s seat of his patrol vehicle and parked in the area of Auto Zone. At 00:35, Officer Jerabek drove into the Auto Zone parking lot. Cuddihy’s vehicle was seen driving by in front of Officer Jerabek and continue through the parking lot. Cuddihy drove over the curb and into a dirt lot. Officer Jerabek does a U-turn and drove toward the front of a semi-truck in the parking lot and exited his vehicle. At 01:49, Cuddihy’s vehicle drove past Officer Jerabek and exited the parking lot. Officer Jerabek exited the parking lot and began to follow Cuddihy’s vehicle. At 02:24, Officer Jerabek’s BWC was partially obstructed by a seatbelt until 04:45. At 05:14, Officer Jerabek entered the alcove area behind the businesses where Cuddihy’s vehicle could be seen already stopped. Officer Jerabek exited his patrol vehicle and stood behind his open driver’s door. At 05:28, Cuddihy was seen standing outside of his vehicle and Officer Baker could be heard giving verbal commands. At 05:38, two gunshots could be heard. Cuddihy was not seen on camera as the view was blocked by Officer Jerabek’s door frame. Officer Jerabek approached Cuddihy who was seen lying on the ground. Cuddihy’s handgun was visible on the ground next to him. At 05:56, Officer Jerabek moved closer to Cuddihy and the handgun was visible on the ground near Cuddihy’s right foot. Officer Jerabek approached Cuddihy’s vehicle to assist with clearing it. Officer Jerabek then walked away from the scene. The video ended at 06:26. Sergeant Kurt McKenzie Sergeant McKenzie was wearing a body worn camera at the time of the incident, and the camera was activated. The camera was collected by Sergeant MacDonald and secured. The video footage captured was later viewed by Detective Penny on 09-28-17. Sergeant McKenzie’s camera footage depicted the following during the approximate 5 minutes and 27 seconds it was activated during the event. The BWC does not show a time stamp of the date/time the video was recorded. The times noted are the minutes/seconds on the video from the time the BWC was activated.



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The footage began as Sergeant McKenzie was driving his patrol vehicle and responding to the call at Auto Zone. The BWC was partially obstructed by a seatbelt. While driving, Cuddihy’s actions were being broadcast over the radio. At 01:56, Sergeant McKenzie advised he was at US 95 and North Jones Boulevard as Cuddihy drove in his direction. At 02:44, Cuddihy drove in front of Sergeant McKenzie and continued into the Cal Ranch parking lot. At 02:54, the Air Unit broadcasted Cuddihy was involved in a traffic accident with a tan truck. The tan truck could be seen as it started to follow Cuddihy until it stopped as Sergeant McKenzie drove by. As Cuddihy drove behind the business building, Sergeant McKenzie drove along the front of the businesses until he arrived to the rear alcove area. At 04:25, Sergeant McKenzie arrived at the alcove area. Several officers could be seen standing outside of their patrol vehicles with handguns drawn. At 04:37, Cuddihy was seen on camera with his right hand held up to his head. At 04:38, two gunshots were heard and Cuddihy was seen falling to the ground. Sergeant McKenzie stated over the radio, “He shot himself.” Sergeant McKenzie approached Cuddihy with additional officers and was told by Officer Baker the wound was not survivable. At 05:10, Sergeant McKenzie requested medical to respond to the scene. Cuddihy’s handgun was visible on the ground near his right foot. At 05:26, Officer Williams was seen as he told Sergeant McKenzie, “I fired.” The video ended at 05:27. Officer Gregory Tracy Officer Tracy was wearing a body worn camera at the time of the incident, and the camera was activated. The camera was collected by Sergeant MacDonald and secured. The video footage captured was later viewed by Detective Penny on 09-28-17. Officer Tracy’s camera footage depicted the following during the approximate 12 minutes and 46 seconds it was activated during the event. The BWC does not show a time stamp of the date/time the video was recorded. The times noted are the minutes/seconds on the video from the time the BWC was activated. The footage began with Officer Tracy seated in the passenger seat of his patrol vehicle. Officer Aguilar was driving the patrol vehicle and responding to the Auto Zone. Radio traffic was heard as patrol units were given updates about the call. At 7:35, Officer Tracy arrived near the Auto Zone and directed Officer Aguilar to enter a parking lot adjacent to Auto Zone. At 8:30, Officer Tracy exited the parking lot and joined other marked patrol units following Cuddihy’s vehicle. At 10:28, Officer Tracy entered the Cal Ranch parking lot and drove to the rear of the shopping complex. At 11:06, Cuddihy was seen driving around a marked patrol unit and drove towards Officer Tracy. At 11:19, Cuddihy drove in front of Officer Tracy. Officer Tracy stated to Officer Aguilar that Cuddihy took his seatbelt off and was probably going to stop here. At 11:33, Officer Tracy



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exited his patrol vehicle as Cuddihy had pulled into the alcove behind the businesses. Officer Tracy gave verbal commands to Cuddihy and other officers could also be heard. At 11:58, two gunshots could be heard. Officer Tracy’s BWC did not capture the shooting as the camera was pointed downward. Officer Tracy then approached Cuddihy’s vehicle to clear it and placed the gear shift in park. The video ended at 12:46. Officer Weston Williams Officer Williams was wearing a body worn camera at the time of the incident, and the camera was activated. The camera was collected by Sergeant MacDonald and secured. The video footage captured was later viewed by Detective Penny on 09-28-17. Officer Williams’ camera footage depicted the following during the approximate 12 minutes and 37 seconds it was activated during the event. The BWC does not show a time stamp of the date/time the video was recorded. The times noted are the minutes/seconds on the video from the time the BWC was activated. The footage began with Officer Williams seated in the passenger seat of his patrol vehicle and parked in the area of Auto Zone. Officer Williams was with Officer Baker who was driving. Officer Baker provided updates on Cuddihy’s location, movements and formulated a plan with responding patrol units as Officer Williams watched Cuddihy’s vehicle. At 06:42, Officer Williams entered the Auto Zone parking lot after Cuddihy started driving. At 06:50, Officer Williams exited his patrol vehicle and gave verbal commands for Cuddihy to stop as he drove by. Cuddihy drove his vehicle into a dirt lot north of Auto Zone as Officers Williams and Baker attempted to follow. When Cuddihy re-entered the parking lot between a semi-truck and the Auto Zone building, Officer Williams again exited his patrol vehicle. Officer Williams entered the area between the building and semi-truck but retreated as Cuddihy drove towards him. Officer Williams gave Cuddihy several verbal command to stop as he drove over a curb and sidewalk. After Cuddihy left the parking lot, Officers Williams and Baker followed in their patrol vehicle. At 10:20, Officer Williams entered the Cal Ranch parking lot. At 10:50, Cuddihy’s vehicle was seen as it drove towards Officer Williams in the rear alley of the Cal Ranch. At 10:56, Cuddihy drove down the passenger side of Officer Williams’ patrol vehicle. Officer Baker turned around and followed Cuddihy as he pulled into an alcove. At 11:26, Officer Williams exited his patrol vehicle and started to give Cuddihy verbal commands. Officer Williams’ BWC was pointed in the direction of Officer Williams’ hands and handgun. At 11:42, Officer Baker could be heard saying, “He’s got the gun.” At 11:50, two gunshots are heard and Officer Williams was seen firing his handgun one time. Officer Williams approached Cuddihy and a handgun was seen on the ground near Cuddihy’s right foot. At 12:26, Sergeant McKenzie asked if Officer Williams was all right and Officer Williams replied, “I thought he was going towards us, Sarge.” The video ended at 12:37.



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V. SCENE WALK-THROUGHS The purpose of the scene walk-through was to help investigators develop an understanding of the scene, including identifying officer locations at the time deadly force was used, identifying potential physical evidence, and re-creating a timeline of the incident. Officer Weston Williams On 09-28-17, at approximately 1442 hours, Officer Williams provided a walk-through of the scene in the presence of the following persons:

1) Lieutenant O’Brien 2) Detective Patton 3) Detective Penny 4) LVPPA representative Officer Hamm 5) LVPPA attorney David Roger Prior to the walk-through, Officer Williams viewed his BWC footage at approximately 1424 hours. During the walk-through, which was not video or audio recorded, Officer Williams relayed the following information through Attorney Roger: Officer Williams saw Cuddihy standing next to the trash can and the yellow #3 marker (evidence marker). Cuddihy had a handgun in his right hand and was holding it at his temple. Cuddihy fired a shot and the officer involved shooting occurred. Officer Williams discharged his firearm because Cuddihy’s arm and the firearm was moving forward and towards him. Officer Williams was concerned that Cuddihy was going to shoot him or his partner. Officer Chad Baker On 09-28-17, at approximately 1454 hours, Officer Baker provided a walk-through of the scene in the presence of the following persons:

1) Lieutenant O’Brien 2) Detective Patton 3) Detective Penny 4) LVPPA representative Officer Hamm 5) LVPPA attorney David Roger

Prior to the walk-through, Officer Baker viewed his BWC footage at approximately 1451 hours. During the walk-through, which was not video or audio recorded, Officer Baker relayed the following information through Attorney Roger: Officer Baker saw Cuddihy exit his vehicle and got caught in the open door. Cuddihy’s vehicle was in reverse and pushed Cuddihy back. Cuddihy moved to where the #3 evidence marker was located.



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Officer Baker saw Cuddihy holding a firearm down to his side. Cuddihy brought his firearm up to his head and Officer Baker heard two gunshots. VI. PUBLIC SAFETY STATEMENT (PSS) On 09-28-17, at approximately 1420 hours, Detective Colon interviewed Sergeant McKenzie in reference to the Public Safety Statement he obtained from Officer Williams. Also present for the interview was Detective Ploense (KP), Detective Keith (SK) and LVPMSA attorneys T. Roberts (TR) and J. Roberts (JR). Below in italics is the transcript of the interview. Note: Detective Colon is designated by (MC) and Sergeant McKenzie is designated by (KM). MC: Operator, this is Detective Colon, with the Force Investigation, conducting one Public

Safety Statement with Sergeant Kurt McKenzie, M-C-K-E-N-Z-I-E, P# 6746. This is in

reference to an officer-involved shooting that occurred on September 28, 2017, at

approximately 1029 hours, in the area of 276 N. Jones. Today’s date is September 28,

2017, and the time is 1420 hours. This is taking place at LVMPD headquarters. Also

present is Detective Kevin Ploense, P# 6269, and Detective Steven Keith, P# 9190.

Also present is…present is PMSA attorney Jay Roberts and PMSA attorney Tara

Roberts, T-A-R-A. Okay, Sergeant McKenzie, you’re aware this is being recorded?

KM: Yes.

MC: Okay. Can you please read the Public Safety St…hh…which officer did you get the

Public Safety Statement from?

KM: Officer, uh, Weston Williams.

MC: Okay. And what time did that occur?

KM: Um, you know what, I didn’t write the time down. I apologize.

MC: Okay.

KM: It was right after, um, we arrived…

MC: Right after you…

KM: …on the…

MC: …settled the ss…

KM: Yes.

MC: …you, uh, secured the scene?

KM: Yes, sir.

MC: Okay. Okay, please read the Public Safety Statement as you read to the officer.



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KM: Um, first question I asked him, “Did you discharge your firearm?” Uh, he said, “Yes, um,

pretty sure.”

Um, I asked him, “If so, what direction?” He said, “South, towar…uh, towards suspect.”

Um, “Approximately where were you located?” He pointed and he said, “There, by the

car.”

Um, I asked him, “How many shots did you fire?” He said, “One.”

Second question: Um, “Is anyone injured? If so, where are they located?” He said, “At

the suspect.”

Uh, three: “Are there any outstanding subjects?” Um, he just said, “No.”

I said, “Is…” Didn’t ask the other questions because they weren’t…they weren’t, um,

relevant.

Um, “What type of crime, um, are we dealing with?” “It was a 405.”

Uh, “What type of weapon, uh, do they have?” He said, “Handgun.”

Um, “Is it possible the suspect fired rounds at you?” Um, he said, “I thought he was

going to fire at us.”

Um, and that was…he didn’t…he didn’t answer the, the subcategories; “If so, what

direction were rounds…” Didn’t answer.

“How many shots do you think, uh, suspect fired?” Didn’t answer.

“Approximately where was the suspect located when you fired?” Didn’t answer.

“Um, do you know if any officers dis…any other officers discharge their weapon?” He

said, “I don’t.”

Um, question 6: “Are there any weapons or evidence that needed to be secure?” He

said, “By the suspect.”

Um, “Are you aware of any witnesses?” He said, “No,” and he said, “other than the

officers that were there.”

MC: Okay. Just to clarify, when you ss…say didn’t answer, did you ask those?

KM: I did ask. Uh, I, I, I did the questions. I read ‘em, he didn’t answer. He just

didn’t…he…he’s like…he just kinda shrugged his shoulders. He didn’t…

MC: Okay. Shrugged his shoulders, you assumed meant he didn’t know?

KM: He didn’t know.

MC: Okay.

KM: Or he didn’t…or, or…I assumed it di…it wasn’t pertinent to the…



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MC: The incident.

KM: …the incident we were at hand.

MC: Okay. And that concluded the Public Safety Statement?

KM: Yes, sir.

MC: Okay.

KM: I, I asked him was he okay and he said he’s all right.

MC: Okay. Okay, that concludes the Public Safety Statement. Same people present. It’s

1423 hours.

VII. OFFICER WEAPON COUNTDOWNS On 09-28-17 Officers Williams and Baker had their duty weapons counted down at LVMPD headquarters. Involved and witness officers were photographed by CSI personnel for appearance purposes, and their weapons were photographed for identification purposes. Officer Weston Williams The following persons were present during the countdown: 1) Officer Williams 2) Detective Colon 3) Detective Keith 4) Detective Ploense 5) SCSA Vaandering 6) LVPPA representative Officer Todd Officer Williams was dressed in the LVMPD green utility uniform. He wore LVMPD patches on each shoulder and an LVMPD badge over his left breast. Officer Williams wore a black duty belt with attached tools and equipment as part of his position in Patrol. Officer Williams’ handgun was carried on the right side of his body and secured in a holster. Prior to countdown Officer Williams stated he carried eight (8) cartridges in the magazine loaded in his firearm and one (1) cartridge in the chamber (8+1, 9 total).



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Make Kimber

Model TLERL1911 Serial Number Caliber .45 Weapon Mounted Light Yes Ammunition SPEER 45 AUTO Cartridge in Chamber Yes (1)

Magazine from Weapon Capacity: 8 cartridges Countdown: 7 cartridges

Spare Magazine #1 Capacity: 8 cartridges Countdown: 8 cartridges


Spare Magazine #3 Capacity: 8 cartridges

Countdown: 8 cartridges Spare Magazine #4 Capacity: 8 cartridges

Countdown: 8 cartridges At the completion of the countdown, it was determined Officer Williams discharged his firearm one time during this incident. Officer Williams’ firearm, magazines, and cartridges were photographed and impounded by SCSA Vaandering. Officer Chad Baker Officer Baker’s firearm was counted down due to being the only officer on scene other than Officer Williams who carried a .45 caliber handgun. Officer Baker had his firearm drawn and aimed at Cuddihy at the time of the OIS. The following persons were present during the countdown: 1) Officer Baker 2) Detective Colon 3) Detective Keith 4) Detective Ploense 5) SCSA Vaandering 6) LVPPA representative Officer Todd Officer Baker was dressed in the LVMPD green utility uniform. He wore LVMPD patches on each shoulder and an LVMPD badge over his left breast. Officer Baker wore a black duty belt with attached tools and equipment as part of his position in Patrol. Officer Baker’s handgun was carried on the right side of his body and secured in a holster. Prior to countdown Officer Baker stated he carried twelve (12) cartridges in the magazine loaded in his firearm and one (1) cartridge in the chamber (12+1, 13 total).



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Make H&K

Model USP Serial Number Caliber .45 Weapon Mounted Light Yes Ammunition SPEER 45 AUTO Cartridge in Chamber Yes (1)

Magazine from Weapon Capacity: 12 cartridges Countdown: 12 cartridges



At the completion of the countdown, it was determined Officer Baker did not discharge his firearm during this incident. Officer Baker’s firearm, magazines, and cartridges were photographed for documentation and returned to Officer Baker. VIII. DESCRIPTION OF THE SCENE AND VISIBLE EVIDENCE The following Crime Scene Investigation Report was authored by SCSA Smith. The report details the scene located at 240 North Jones Boulevard. SCSA Smith’s report follows in italics. VEHICLE(S): V1 – 2005 Toyota 4Runner, NV/355SML, VIN/JTEZU14R050057134 V2 – 2016 Ford Explorer, NV/LVMP0564, VIN/1FM5K8AR2GGB97097, Vehicle # BA10955 V3 – 2016 Ford Explorer, NV/LVMP0369, VIN/1FM5K8AR5GGB44703, Vehicle # BA10793 V4 – 2014 Ford Explorer, NV/LVMP0027, VIN/1FM5K8AR6EGA60158, Vehicle # BA10478 V5 – 2016 Chevrolet Tahoe, NV/LVMP0549, VIN/1GNLCDECOGR377052, Vehicle # BA16017 GENERAL INFORMATION: At approximately 1147 on 9/28/17 I responded to 240 N. Jones Blvd. reference the above event. The scene was located outside on the north side of the east/west running strip mall building. Numerous patrol officers were present and the scene was secured by yellow and red crime scene tape. Force Investigations Team (FIT) Lt. D. O'Brien (P# 6192), Sgt. J. MacDonald (P# 4660), and Detectives B. Penny (P# 6042), J. Patton (P# 8289), C. Jex (P# 5597), J. Leavitt (P# 5814), T. Alsup (P# 5782) and M. Colon (P# 7585) began arriving at the scene at approximately 1200. Crime Scene Investigations Director R. McLaughlin (P# 4170), Crime Scene Analyst Supervisor S. Joseph (P# 8178) and Senior Crime Scene Analyst S. Fletcher (P# 6650) began arriving at approximately 1208. The scene was located on the north side of the east/west strip mall located on the north side of the property at 240 N. Jones Blvd. An east/west running driveway ran the length of the north side of the building. The driveway gave access to a square-shaped cut-out on the north side of the building. The cut-out was bordered on the east, west and south sides by building walls with



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the north side of the cut-out open to the east/west running driveway. The east wall of the cut-out consisted of a cell phone tower enclosure, three (3) utility boxes and discarded shelving items. Six (6) doors were listed on the south wall of the cut-out and provided access to the building suites with the door marked 'A' at the west end and the door marked 'F' at the east end. The west wall of the cut-out consisted of an east/west running conex box approximately 32' north of the south wall. A trash dumpster was located just northeast of the conex box. A center row of parking spaces ran north/south down the middle of the cut-out. V1 was parked facing southeast with the rear corner of the vehicle in contact with the west wall of the cut-out. The vehicle was located just north of the conex box. The left front door of the vehicle was open and the vehicle was running. The left rear tire of the vehicle was flat and was partially shredded. There was scrape damage to the vehicle in front of the left rear tire and to the rear bumper and right rear corner.

Bullet Strike: One (1) apparent bullet strike (labeled A1) was located in the west wall of the cut-out, adjacent to the left rear corner of V1, approximately 4'8" up off the ground and approximately 40' south of the northwest corner of the cut-out. A bullet hole testing kit was used on the strike and the strike tested positive for the presence of lead and copper.

V2 was parked facing south/southwest at the northwest corner of the cut-out. The vehicle was running and the left front door was open. One (1) cartridge case with the headstamp 'SPEER 45 AUTO' was located on the ground by the left front corner of the vehicle (Evidence Item #1). V3 was parked facing south, east of V2 and in the middle of the cut-out's opening. The vehicle was running and both the front doors were in the open position. One (1) bullet was on the ground by the vehicle's right front tire and one (1) copper metal fragment was on the ground in front of the vehicle's right front tire (Evidence Items #4&5).

Bullet Strike: One (1) apparent bullet strike (labeled A2) was located in the rubber near the bottom of the vehicle's right front tire.

V4 was parked facing south/southwest by the northeast corner of the cut-out. The vehicle was running and the doors were closed. The decedent, Craig Cuddihy ( /68), was located between the left front corner of V1 and the west side of the center row of parking spaces. One (1) black Glock Model 19 semi-automatic handgun with serial# BDVL366 was located on the ground near his right foot (Evidence Item #3). The firearm was lying on its right side with the muzzle pointed NW. One (1) cartridge case with the headstamp 'WMA 17' was located just east of the decedent, adjacent to the west edge of the row of parking spaces, in front of the 3rd parking space north of the south end (Evidence Item #2).



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DECEDENT: The decedent, Craig Cuddihy /68), was lying on his back, approximately 10' east of the left front corner of V1. The top of his head was pointed south and his legs were straight with his feet pointed north. His left arm was on the ground and was slightly bent at the elbow with his left hand near his waist. His right arm was straight with his arm away from his body and his right hand pointed east. He was wearing a black short-sleeve polo shirt with 'PBS Vegas' on the left breast, gray jeans with a black belt and brown shoes. Coroner Investigator T. Brown arrived at the scene at approximately 1321. A preliminary examination of the decedent was performed and injuries to the right and left sides of the decedent's head were noted. An apparent gunshot wound was also located in the decedent's upper right chest. Personnel from Davis Funeral Home arrived at approximately 1339 and removed the decedent from the scene. The decedent's body bag was sealed with # 440139 placed on the bag. EVIDENCE: The above items of evidence, two (2) cartridge cases, Glock 19 handgun and its contents, bullet and copper metal fragment were recovered from the scene and were impounded as evidence by SCSA S. Fletcher. Swabs were taken from the muzzle and exterior barrel, the interior of the barrel, and the grips, slide serrations and release buttons of the handgun to recover possible DNA and were also impounded as evidence (See Evidence Impound Report for additional information). PHOTOGRAPHY: Digital images were taken of the scene by myself showing the overall layout, the location of the above vehicles, the location of the above items of evidence and the location, condition and position of the decedent. Additional digital images were taken of the following:

• V5 parked facing west on the north side of the building, west of the cut-out.

• LVMPD Patrol Officers W. Williams (P# 9707) and C. Baker (P# 6266) showing the location of body worn cameras.

• Perspective views for the following LVMPD officers: LVMPD Sgt. K. McKenzie (witness officer) (P# 6746) north of the northwest corner of the cut-out, LVMPD Patrol Officer C. Baker (witness officer) (P# 6266) at the left front door of V3 and LVMPD Patrol Officer W. Williams (shooting officer) (P# 9707) at the right front door of V3.

ADDITONAL INFORMATION: Approximate measurements were taken from the following officers to the decedent's location:

• LVMPD Patrol Officer W. Williams (shooting officer) (P# 9707) – 55'2"

• LVMPD Patrol Officer C. Baker (witness officer) (P# 6266) – 57'6"

• LVMPD Sgt. K. McKenzie (witness officer) (P# 6746) – 88' A diagram was completed of the scene by SCSA S. Fletcher and is maintained in the LVMPD's OnBase system.



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No further action was taken. Evidence Recovered The following items of evidence were recovered from the scene and impounded by SCSA Fletcher. SCSA Fletcher’s evidence documentation appears in italics. Package 1

Item #1: One (1) cartridge case, headstamp "SPEER 45AUTO". Item #2: One (1) cartridge case, headstamp "WMA 17".

Package 2 Item #3: One (1) "Glock 19" 9mm semiautomatic handgun (S/N BDVL366; Importer: Austria), black in finish with a 3 ¾” barrel length, and apparent blood and one (1) "Glock" 9mm fifteen round capacity magazine. (Swabs for possible DNA recovered)

Package 3

Item #4: One (1) bullet. Item #5: One (1) copper metal fragment.

Package 4

Item #6: One (1) cartridge, headstamp "WMA 17". Item #7: Eight (8) cartridges, headstamp "WMA 17" and four (4) cartridges, headstamp "WMA 17 9MM L".

Package 5

Item #8: One (1) swab for possible DNA. Item #9: One (1) swab for possible DNA. Item #10: One (1) swab for possible DNA.

IX. THIRD PARTY VIDEO AND PHOTOGRAPHIC EVIDENCE Private Residence - 6003 Bromley Avenue, Las Vegas, NV 89107 Computer Forensics Lab detectives made contact with homeowner Carlos Oreellana who provided home surveillance video. The surveillance camera was mounted to the exterior of the building, facing south and viewed the rear parking lot of Orellana’s residence and the alcove area where the OIS occurred. The recording labeled 8-20170928110400 captured the OIS from a distance. The recording was 30 minutes and 2 seconds in length and had a date/time stamp. The following is a description of the recording in regards to the OIS:



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The video began at time stamp 11:04:01. At 11:16:55, a patrol car (Officers Baker and Williams) drove eastbound through the north alley of Cal Ranch. At 11:17:10, a second patrol car (Officers Aguilar and Tracy) drove eastbound through the north alley of Cal Ranch. At 11:17:25, Cuddihy’s vehicle entered the frame and drove into the alcove area. Cuddihy was followed by Officers Baker, Williams, Aguilar and Tracy. At 11:17:42, Cuddihy opened his driver’s door and exited his vehicle. Cuddihy’s vehicle started to roll backwards. At 11:17:48, a third patrol vehicle (Sergeant McKenzie) drove into frame. At 11:17:56, Cuddihy moved into the open as his vehicle rolled away. At 11:18:03, Cuddihy fell to the ground and officers started to approach him. At 11:27:40, Las Vegas Fire Department engine and rescue began to arrive on scene. The video ended at 11:34:02. Auto Zone – 5810 West Charleston Boulevard, Las Vegas, NV 89146 A DVD was provided to FIT detectives from Auto Zone. Auto Zone did not have any exterior cameras. Two cameras inside of the business labeled “Front Door” and “Left Register” faced the front doors and windows of the business. At the time of the incident in the parking lot, the windows had a glare from the sun and nothing was visible in the parking lot. Four Kegs – 276 North Jones Boulevard, Las Vegas, NV 89107 A VHS tape was provided to FIT detectives from Four Kegs. The business did not have an exterior camera that faced the alcove where the OIS occurred. The video provided faced the front of the business and recorded patrol vehicles driving through the parking lot. The OIS was not captured on video. X. AUTOPSY On 09-29-17, at approximately 0720 hours, under Clark County Office of the Coroner/Medical Examiner case 17-9914, an autopsy was performed on the body of Craig Cuddihy at the CCOCME by Doctor Gavin. The following persons were in attendance: 1) Detective Patton 2) Detective Penny 3) SCSA Fletcher 4) Forensic Technician Rosales 5) Forensic Pathologist Assistant Kinard



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The following items of evidence were impounded by SCSA Fletcher and appear in italics: Package 1

Item #1: One (1) Buccal Swab Kit. Package 2

Item #2: One (1) white sheet with apparent blood.

Package 3 Item #3: One (1) black "NIKE GOLF" short sleeve polo shirt, size LG, with "Vegas PBS" embroidered on the front left side, a hole in the upper right chest area, and apparent blood. Item #4: One (1) pair of gray "IZOD" pants, size 36 X 32, with apparent blood. Item #5: One (1) black leather type belt with apparent blood. Item #6: One (1) pair of gray and blue "Adidas" boxer briefs, size M, with apparent blood. Item #7: One (1) pair of brown "Sonoma" boots, size 10 ½ with apparent blood. Item #8: One (1) pair of gray socks.

Package 4

Item #9: One (1) bullet The wounds/injuries listed below in italics were noted on the Autopsy Report prepared by Doctor Gavin.

I. Gunshot wound of head, contact range. A. Entrance: Right temporal scalp with radiating lacerations; soot visible on skin

underlying temporalis muscle and underlying temporal bone. B. Associated injuries: Perforation of right temporal scalp/skin, right temporalis muscle,

right temporal bone (with internal beveling), right temporal lobe, right frontal lobe, left frontal lobe, left frontoparietal bone (with external beveling), left frontoparietal scalp/skin with contusions of the brain along wound track; subdural hemorrhage and subarachnoid hemorrhage; fractures of bilateral supraorbital portions of frontal bones, bilateral frontal bones, bilateral temporal bones, bilateral parietal bones, and bilateral occipital bones.

C. Recovered: No missile recovered. D. Exit: Left frontal scalp with radiating lacerations (no soot, unburned gunpowder

particles or gunpowder stippling visible on skin). E. Trajectory: Right-to-left.

II. Gunshot wound of chest, indeterminate range. A. Entrance: Right upper aspect of chest/anterior shoulder. B. Associated injuries: Perforation of right upper anterior aspect of chest/shoulder

skin, subcutaneous tissue, right pectoralis muscle, right anterior slightly lateral 3rd



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rib (with internal beveling), right upper lung lobe, right middle lung lobe, right lower lung lobe, diaphragm, liver, right Gerota's fat, right 12th posterior rib (with fracture and external beveling), right lateral mid-aspect of back muscle; right hemothorax of 1000 mL; pulmonary contusions; slightly pulverized liver.

C. Recovered: Copper-jacketed, gray metal, flowered missile in right lateral mid-aspect of back muscle.

D. Exit: No corresponding exit. E. Trajectory: Front-to-back and downward.

III. Blunt force injuries of head and neck. A. Crusted abrasion on right aspect of upper lip. B. Abrasion on right lateral aspect of neck.

IV. Blunt force injuries of extremities. A. Crusted abrasions on right dorsal forearm. B. Linear crusted abrasion/excoriation on right ventral forearm. C. Crusted abrasion overlying left dorsal knuckle. D. Scattered abrasions/excoriations on right knee and right lower leg. E. Scattered abrasions/excoriations on left knee and left lower leg.

V. Cocaine, methamphetamine and oxycodone intoxication. After a complete autopsy, Doctor Gavin opined Craig Cuddihy died as a result of a contact gunshot wound of head. The manner of death was suicide.



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XI. PERSON CONTACTED The following person was contacted reference their knowledge of the facts and circumstances related to the incident: LVMPD Personnel Officer Ray Horsley, P# 4652 Date of hire: -94 Area of assignment: Air Support Squad: AS21 Call sign: Vehicle: AIR2 Shift hours: 0800-1800 hours Days off: Sunday/Monday/Tuesday Witness officer; provided an audio recorded interview Civilians Tara Shapiro DOB: -78 NV OLN: Address: 5905 Cancun Avenue Las Vegas, NV 89131 Phone number: Employer: MGM Occupation: Room reservations Witness; provided a written statement and audio recorded interview XII. INVESTIGATION Involved Officer Officer Weston Williams On 09-30-17, at approximately 1425 hours, Detective Penny conducted an audio recorded interview with Officer Williams at LVMPD Headquarters, Building C, 3rd floor conference room. Also present for the interview was Detective Patton, Sergeant MacDonald, Lieutenant Huddler and LVPPA representative Bryan Yant. Below is a summary of the interview; for complete details refer to the interview transcript. Officer Williams was working as a two-man unit with Officer Baker. Officers Williams and Baker responded to an Attempt Suicide/Missing Endangered Person call that originated from Henderson Police Department (HPD). Officer Williams had limited information so he called HPD to obtain additional information. HPD dispatch advised they were pinging the subject’s [Craig Cuddihy] phone to the area of West Charleston Boulevard and South Jones Boulevard.



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HPD stated Cuddihy told his wife he was going to Red Rock to kill himself and he might have a rifle and a handgun with him. Officer Williams also spoke to an HPD officer who was with Cuddihy’s wife in an attempt to get additional weapon, vehicle and location information. Officer Williams was advised Cuddihy’s phone pinged in the area of 5813 West Charleston which was an Auto Zone. Officer Baker drove to the Auto Zone and they saw Cuddihy’s vehicle in the parking lot. Officers Williams and Baker parked across the street and requested additional units to set up a tactical plan. As additional units were arriving, Cuddihy moved from the parking space. Officers Williams and Baker entered the parking lot and attempted to stop Cuddihy. Cuddihy drove around the patrol vehicle and continued northbound through the parking lot. Cuddihy drove over a curb and entered a dirt lot north of the Auto Zone. Cuddihy drove through the dirt lot and re-approached the Auto Zone parking lot. Cuddihy re-entered the parking lot in an area between the building and a parked semi-truck. Officer Baker positioned their vehicle towards the front of the semi to block Cuddihy’s path. Officer Williams exited their vehicle because he did not want to be rammed by Cuddihy. As Officer Williams walked towards Cuddihy’s vehicle, Cuddihy accelerated towards him. Officer Williams retreated and saw Cuddihy mouthing the words, “Shoot me. Shoot me.” Cuddihy then drove his vehicle towards Officer Baker and continued mouthing the words, “Shoot me.” Cuddihy drove past Officer Williams, around his parked patrol vehicle, jumped the sidewalk and exited the parking lot. During the interaction with Cuddihy in the parking lot, Cuddihy did not display any firearms. Officer Williams felt Cuddihy was insinuating he was going to run him over if he didn’t shoot Cuddihy. Officer Williams felt officers could do other things and didn’t feel the use of deadly force was necessary at that point. After Cuddihy left the parking lot, Officers Williams and Baker got back into their patrol vehicle and followed Cuddihy from a distance. The Air Unit was overhead and continually updated Cuddihy’s location. Cuddihy drove into the Cal Ranch parking lot and continued to the rear of the building. Officers Baker and Williams drove to the rear of the building from the opposite end and encountered Cuddihy as he drove towards them. Cuddihy passed them and turned into an alcove at the rear of the building. As Cuddihy stopped his vehicle, Officers Williams and Baker exited their patrol vehicle and immediately started communicating with Cuddihy. Cuddihy opened his driver’s door and started doing something with his right hand. As Cuddihy exited, his vehicle started to roll backwards as if it wasn’t in Park. Cuddihy stepped away from the vehicle, raised a black semi-automatic handgun and placed it against his temple. The handgun was in Cuddihy’s right hand. Officers Williams and Baker both told Cuddihy to put the gun down and not to do this. Officer Williams decided to let Officer Baker continue talking to Cuddihy so the commands are clear. Cuddihy did not respond to Officers Williams or Baker. While watching Cuddihy, Officer Williams saw Cuddihy mouth, “Shoot me.” Cuddihy continued to hold the handgun to his head while taking small steps back and forth directly in front of Officer Williams.



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As Officer Williams aimed his firearm at Cuddihy, Cuddihy suddenly looked directly at him. Cuddihy had a blank look on his face and Officer Williams knew Cuddihy was making a decision and something was going to happen. Cuddihy took a deep breath, started to pull his handgun away from his head and moved his elbow back. Officer Williams believe Cuddihy was going to aim his handgun towards him and shoot. Officer Williams discharged his handgun towards Cuddihy. Cuddihy dropped his firearm and fell to the ground. Officer Williams initially did not realize Cuddihy also shot himself as both shots were almost simultaneous. Officer Williams realized Cuddihy shot himself upon seeing Cuddihy’s head wound. Officers Williams and Baker approached Cuddihy and Officer Baker advised Cuddihy was deceased. Officer Williams believed Cuddihy was not going to comply with any commands at the time of the shooting. Officer Williams believed there was no other option other than deadly force to protect his life and the life of Officer Baker. Officer Ray Horsley On 09-28-17, at approximately 1357 hours, Detective Jex conducted an audio recorded interview with Officer Horsley at Air Support. Also present for the interview was LVPPA representative Bryan Yant. Below is a summary of the interview; for complete details refer to the interview transcript. Officer Horsley was the observer in AIR2. Officer Horsley was notified of a possible attempt suicide subject in the 5800 block of West Charleston Boulevard in the Auto Zone parking lot. Officer Horsley asked what the method of the attempt suicide was and he was advised it involved a firearm. The Air Unit arrived and observed a gray Toyota SUV (occupied by Craig Cuddihy) parked in the south parking area of the business. Officer Horsley was concerned Cuddihy may be able to get inside the Auto Zone and was advised a call was made to have the door locked from the inside. Officer Horsley stated he went to the camera on the Air Unit and attempted to see the license plate on the vehicle. Officer Horsley was unable to see the plate due to the vehicle being in the shadows and there was not a plate on the front of the vehicle. After a short orbit, Officer Horsley stated the vehicle began to move in the parking lot. Officer Horsley came off the camera to open up his field of view of the area. Officer Horsley observed two marked LVMPD vehicles in the parking lot. Both patrol vehicles were in a position to somewhat block the exits of the parking lot. Cuddihy drove to the north through the parking lot and then into a small desert area next to the parking lot. Cuddihy continued north then turned west behind the dumpster. Officer Horsley stated there was a tractor trailer in the parking lot near the east side of the building. Cuddihy drove southbound between the tractor trailer and the building. There was a patrol vehicle and an officer [Officer Williams] outside the patrol vehicle at the south end. Cuddihy drove toward Officer Williams and Officer Horsley thought the officer was



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in a position to possibly be hit. Cuddihy continued south onto the sidewalk directly in front of the Auto Zone. Cuddihy then drove out onto West Charleston Boulevard and headed west. Cuddihy then turned northbound on South Jones Boulevard. Officer Horsley continued to call out Cuddihy’s direction of travel over the radio. Officer Horsley attempted to engage the camera on the Air Unit but was having technical issues. Officer Horsley was unable to utilize the camera for the incident. As Cuddihy continued northbound on North Jones Boulevard, he traveled under the US-95 overpass and sideswiped a tan pickup truck. Cuddihy then pulled into the driveway next to the McDonalds and continued eastbound through the parking lot. The tan pickup truck followed Cuddihy. The marked patrol vehicles followed into the parking lot behind Cuddihy’s vehicle. Officer Horsley observed Cuddihy as he drove to the east end of the Cal Ranch parking lot until the parking lot ended. Cuddihy turned northbound, drove along the block wall then turned westbound behind the Cal Ranch business. Cuddihy continued driving westbound in the alley. Due to the camera continuing to have a technical issue, Officer Horsley continued to observe without it. Officer Horsley observed a marked patrol vehicle coming eastbound through the rear parking lot toward Cuddihy. Cuddihy drove around the patrol vehicle and turned into an alcove that was between the Cal Ranch and the other businesses. Cuddihy stopped his vehicle and began to back up as the door began to open. Officer Horsley stated he went back to the camera, which was recording, and attempted to get Cuddihy in view. Officer Horsley was unable to move the camera view onto Cuddihy due to a technical issue that locked the camera view onto the roof of the businesses. Officer Horsley stated he later found out that one of the switches had been switched to a mode creating the issue of him not able to move the camera where he needed to see. During this time Officer Horsley heard radio traffic that Cuddihy had shot himself. He came off the camera and observed Cuddihy on the ground with an apparent gunshot wound to the head and a handgun on the ground next to him. Officer Horsley did not observe the shooting and did not know there was an OIS until he was contacted by FIT detectives after they had returned to Air Support. He stated there was no recording of the incident at the time of the shooting. Once at Air Support, Officer Horsley stated the video was downloaded. Officer Joseph Jerabek On 09-28-17, at approximately 1427 hours, Detective Alsup conducted an audio recorded interview with Officer Jerabek at LVMPD Headquarters. Also present for the interview was Detective Ploense and LVPPA representative Scott Nicholas. Below is a summary of the interview; for complete details refer to the interview transcript. Officer Jerabek was finishing a call when he heard radio traffic reference an armed subject [Craig Cuddihy] who wanted to commit suicide. According to the dispatcher, Cuddihy’s wife was able to track Cuddihy’s location to the area of West Charleston Boulevard and South



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Jones Boulevard via his cell phone. Officers Baker and Williams were assigned to the call and requested additional officers. Officer Jerabek cleared from his call and assigned himself. Officer Jerabek arrived in the area and met up with Officers Baker and Williams. Cuddihy was in a silver Sport Utility Vehicle (SUV) and was able to maneuver out of the parking lot he was in. Officers followed the SUV to the area of North Jones Boulevard and US-95 where it entered another parking lot. The SUV drove east through the parking lot, drove around the businesses and eventually pulled into to the north alley behind the building. Cuddihy exited his vehicle but was concealing his right hand. Cuddihy turned and Officer Jerabek observed him holding a black firearm with his right hand. Cuddihy raised the firearm to his head and Officer Jerabek heard two gunshots and Cuddihy fell to the ground.

Tara Shapiro On 09-28-17, at approximately 1428 hours, Detective Leavitt conducted an audio recorded interview with Tara Shapiro at 240 North Jones at Famous Philly Steak Restaurant. Below is a summary of the interview; for complete details refer to the interview transcript. Shapiro was at the Famous Philly Steak Restaurant in the back kitchen. There was a rear door in the kitchen that was propped open. The door led to an alley and large open area behind the restaurant. Shapiro heard loud noises from outside which sounded like a public address system. Shapiro went to the door to look. When she looked outside, Shapiro observed a white male [Craig Cuddihy] standing outside of a Toyota 4-Runner. The 4-Runner was rolling backward toward the building across from her. She observed approximately four police vehicles in the alleyway. The officers were giving directions to the male over the PA system. Shapiro quickly closed the door and locked it fearing Cuddihy may try to run from the police toward her. After closing the door Shapiro heard two gunshots. Shapiro re-opened the door approximately five minutes later to see what occurred. She observed Cuddihy lying on the ground, nobody around him, with the police vehicles still where she last saw them. Shapiro believed Cuddihy was deceased. Sergeant Kurt McKenzie On 09-28-17, at approximately 1434 hours, Detective Colon conducted an audio recorded interview with Sergeant McKenzie at LVMPD headquarters. Also present for the interview was Detective Keith and LVPMSA attorneys Jay and Tara Roberts. The following is a summary of the interview; for complete details refer to the transcribed statement. Sergeant McKenzie was operating as the “William East” area supervisor when he was advised of a suicidal subject called in from Henderson Police Department. The location of the suicidal subject [Craig Cuddihy] was unknown at the time but units were trying to locate Cuddihy using his cell phone’s location.



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Officers Baker and Williams located Cuddihy’s vehicle in the area of West Charleston Boulevard and South Jones Boulevard and they were observing the vehicle from a distance. Information was broadcast that Cuddihy may be armed with a rifle. While en-route to the area, Sergeant McKenzie exited US-95 freeway at North Jones Boulevard. Around that time Cuddihy’s vehicle became mobile. Cuddihy disregarded Officers Baker and Williams attempts to stop him. Cuddihy drove north on Jones Boulevard, so Sergeant McKenzie made the decision to stay at the Jones Boulevard exit. Cuddihy stopped his vehicle at the same intersection where Sergeant McKenzie was posted. Cuddihy drove through the intersection and turned into the parking lot of the shopping center near the intersection. While turning into the parking lot, Cuddihy side swiped a citizen’s vehicle. The citizen followed Cuddihy into the parking lot.

Sergeant McKenzie utilized the public address function in his vehicle and instructed the citizen to stop following Cuddihy. The citizen complied and pulled out of the way.

Cuddihy drove around to the rear of the complex. Sergeant McKenzie attempted to direct another officer to cut Cuddihy off by going the opposite direction to the rear of the strip mall. Sergeant McKenzie was unable to get the attention of any officers, so he decided to go the opposite way around the complex.

Sergeant McKenzie made it to the rear of the complex and observed Cuddihy had pulled into an alcove. There were approximately five officers engaging Cuddihy.

Sergeant McKenzie observed Cuddihy standing outside of his vehicle, but still in the door jamb area while the vehicle was rolling backwards. Sergeant McKenzie saw a gun in Cuddihy’s hand. Sergeant McKenzie saw Cuddihy’s lips moving but he did not hear anything Cuddihy was saying. Sergeant McKenzie saw Cuddihy raise the weapon, heard “Pop, Pop,” and observed Cuddihy fall to the ground.

Officer Gregory Tracy On 09-28-17, at approximately 1445 hours, Detective Alsup conducted an audio recorded interview with Officer Tracy at LVMPD Headquarters. Also present for the interview was Detective Ploense and LVPPA representative Tyler Todd. Below is a summary of the interview; for complete details refer to the interview transcript. Officer Tracy was on an unrelated call with his new officer [Officer Henri Aguilar] when he heard radio traffic of a unit being dispatched on a call reference an armed subject [Craig Cuddihy] who wanted to commit suicide. Officers Tracy and Aguilar finished the call they were assigned to and assigned themselves to the call. Officers Tracy and Aguilar drove to the Auto Zone at West Charleston Boulevard and South Jones Boulevard and arrived as the Air Unit broadcast Cuddihy’s vehicle was moving through the parking lot. Officer Tracy heard radio traffic broadcast that Cuddihy was possibly armed with a handgun and a rifle.



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Cuddihy fled the parking lot and drove westbound on West Charleston Boulevard and then turned northbound on South Jones Boulevard as Officers Tracy and Aguilar followed. Officer Tracy followed the vehicle to the shopping complex located at North Jones Boulevard and Bromley Avenue. Cuddihy traveled eastbound through the parking lot at a slow speed due to having a flat tire. Officer Tracy, knew Cuddihy could drive around the complex, therefore he instructed Officer Aguilar to drive northbound and then eastbound behind the businesses. Officers Tracy and Aguilar again observed Cuddihy as he drove toward them. Both Officer Tracy’s patrol vehicle and Cuddihy’s vehicle circled each other. Officer Tracy observed Cuddihy’s vehicle stop behind the business. Officers Tracy and Aguilar stopped their patrol vehicle with another patrol unit to their left. Officer Tracy observed Cuddihy partially exit the vehicle. Officer Tracy observed Cuddihy reach to the driver floorboard and then fully exit the vehicle. Officer Tracy heard verbal commands, but was unsure who was issuing the verbal commands. Officer Tracy observed Cuddihy step out of the vehicle and face the officers. Officer Tracy heard two gunshots, but believed there was only one shot fired. Officer Tracy believed the second gunshot he heard was an echo due to being surrounded by walls on three sides. Officer Tracy observed Cuddihy on the ground with the handgun lying on the right side. Officer Tracy believed Cuddihy killed himself. Officer Tracy cleared the vehicle with other officers to ensure no other subjects were in the vehicle.

Officer Henri Aguilar On 09-28-17, at approximately 1549 hours, Detective Alsup conducted an audio recorded interview with Officer Aguilar at LVMPD Headquarters. Also present for the interview was LVPPA representative Tyler Todd. Below is a summary of the interview; for complete details refer to the interview transcript. Officer Aguilar was riding with his Field Training Officer (FTO), Officer Tracy. Officer Aguilar heard radio traffic of a subject [Craig Cuddihy] at the AutoZone at West Charleston Boulevard and South Jones Boulevard who was armed and possibly wanted to commit suicide. Officers Aguilar and Tracy assigned themselves and responded.

As the officers were en-route, Cuddihy was able to leave the Auto Zone parking lot followed by marked police vehicles. Officers Aguilar and Tracy followed the other patrol vehicles to the area of Jones Boulevard and US-95 where Cuddihy pulled into a parking lot north of US-95.

At the direction of Officer Tracy, Officer Aguilar drove to the north alley of the parking lot in an attempt to block a possible avenue of escape. Cuddihy’s vehicle came to a stop in the alley and Officer Aguilar exited his patrol vehicle. As Cuddihy exited his vehicle, he concealed his right hand. When Cuddihy turned, Officer Aguilar could see that he was holding a black pistol in his right hand. Cuddihy then raised the pistol to his head. Officer Aguilar stated Cuddihy pointed the pistol at officers as he was raising the pistol to his head. Officer Aguilar believed an officer shot Cuddihy, then Cuddihy shot himself.



Event: 170928-1502


Officer Chad Baker On 09-28-17, at approximately 1622 hours, Detective Colon conducted an audio recorded interview with Officer Baker at LVMPD headquarters. Also present for the interview was Detective Keith and LVPPA representative Todd. The following is a summary of the interview; for complete details refer to the transcribed statement. Officers Baker and Williams were assigned to a suicidal subject call involving Craig Cuddihy. Cuddihy’s cell phone was electronically located in the area of West Charleston Boulevard and South Jones Boulevard. Officer Williams gathered additional information about the circumstances surrounding Cuddihy. Cuddihy was located at 5810 West Charleston Boulevard which was an Auto Zone store.

Officer Williams advised Officer Baker that Cuddihy had access to firearms and his vehicle was described as a silver Toyota 4Runner with black fenders. Upon arrival to the area, Officer Baker observed Cuddihy’s vehicle parked in the Auto Zone parking lot. Officer Baker did not want to enter the parking lot at that time so he made a U-turn and parked on the south side of the street to observe Cuddihy.

Officer Baker made a request for K-9, Air Unit and additional patrol units to respond to the scene. Officer Baker devised a plan where patrol officers would set up in an effort to contain Cuddihy. As soon as Officer Baker approached Cuddihy’s vehicle Cuddihy drove away.

Responding officers pulled into the parking lot. Cuddihy turned around and was forced into a smaller area of the parking lot. Officer Baker and Williams exited their vehicle, drew their firearms and gave Cuddihy verbal commands.

Cuddihy ignored the commands. Cuddihy fled northbound through the parking lot that lead him to the rear of Auto Zone which was a desert area. Cuddihy drove through the brush and tried to come back around but was pinched between a dumpster, a semi-truck and wooden pallets. Officer Baker positioned his vehicle to block the exit. The officers again exited their vehicle.

Cuddihy drove toward Officer Baker. Officer Baker saw Cuddihy in the driver seat, waving both hands and mouthing the words, “Shoot me!” Officer Baker feared Cuddihy was going to hit him with his vehicle so he backed up. Officer Baker moved behind a concrete pillar that would have prevented Cuddihy from hitting him with his vehicle.

Cuddihy was able to drive his vehicle though the vehicle blockade. Officers pursued Cuddihy but were told by a supervisor to shut down code1. Officer Baker followed Cuddihy from a distance.

Cuddihy pulled into the Smith’s shopping center followed by Officer Baker who attempted to cut Cuddihy off, but was unsuccessful. Cuddihy pulled his vehicle into a “sally port” area at the rear of the shopping center.

Officer Baker gave Cuddihy numerous commands through the vehicles P.A. system. Cuddihy’s vehicle stopped and Officers Baker and Williams exited their vehicle. Officer Baker gave commands to Cuddihy and observed he had a gun in his hand.

1 Shut down code refers to discontinuing utilizing the patrol vehicles lights and siren.



Event: 170928-1502


Cuddihy’s vehicle rolled backward as Cuddihy stepped out of the way of his own car and shut the driver door. Cuddihy raised his gun to his own head and Officer Baker heard two simultaneous shots. Officer Baker saw that Cuddihy shot himself in the head and initially thought the two shots were just an echo but realized his partner, Officer Williams had also fired his gun.

Officer Baker walked toward Cuddihy, who was lying on the ground, with a gun by his body. Officer Baker observed Cuddihy’s wounds to be fatal. Officer Baker then backed away.

XIII. TIMELINE The below timeline is a reconstruction of events which transpired on Thursday, 09-28-17 in relation to the non-fatal officer-involved shooting that occurred at 240 North Jones Boulevard.

Time

(hours) Description of Event/Action Source

0906:23 Angela Cuddihy reported her husband Craig Cuddihy was suicidal and possibly going to Boulder Beach. Angela stated Craig was addicted to drugs, had a handgun, and was driving a silver SUV.

Lake Mead National Park Service Computer Aided Dispatch (CAD)

0908:24 Linda Cuddihy, Craig’s mother, called to report the same information Angela had provided.

Lake Mead National Park Service CAD

0913:55 Angela stated Craig was on the phone with her and he was not going to Lake Mead.


0914:18 AT&T Emergency Center was contacted to ping Craig’s cellular phone.


0924:12 AT&T advised the phone plotted to the area of I-15 and Warm Springs Road.


0944:15 Henderson Police Department (HPD) advised their agency would take a missing person report from Angela.


0948:04 Angela contacted LVMPD dispatch and reported Craig was suicidal, possibly had a handgun or rifle, and his phone was in the area of I-15/Warm Springs Road. The details were broadcast on all radio channels and the call was closed at 09:51:46.

LVMPD CAD

0956:35 Angela contacted HPD to report Craig was suicidal and had a gun. A Patrol unit was dispatched to take the missing person report.

HPD CAD

1024:43 Cellular phone pinged. Craig’s phone showed in the area of South Jones Boulevard and West Charleston Boulevard.

HPD CAD



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Time (hours)

Description of Event/Action Source

1029:48 HPD contacted LVMPD dispatch and advised of Craig’s possible location at 6020 West Charleston Boulevard. Craig’s vehicle was listed as a silver 2005 Toyota SUV, 355SML/NV.

LVMPD CAD

1043:05 Cellular phone pinged a second time. Craig’s phone still showed in the area of South Jones Boulevard and West Charleston Boulevard.

HPD CAD

1046:40 Officers Baker and Williams were assigned to the event.

LVMPD - CAD

1057:55 Cellular phone pinged a third time. Craig’s phone showed in the area of 5810 West Charleston Boulevard.

HPD CAD

1105:17 Officers Baker and Williams located Craig in the Auto Zone parking lot. Craig was seated in the driver’s seat. Additional patrol units responded. Air Unit and K9 were advised.

LVMPD - CAD

1108:55 Air Unit arrived. LVMPD - CAD 1112:28 Craig backed his vehicle out of the parking

space and fled through the parking lot into a desert area north of Auto Zone.

LVMPD - CAD

1113:31 Craig drove westbound on West Charleston Boulevard then northbound on South Jones Boulevard.

LVMPD - CAD

1114:30 AIR2 advised patrol was bubbling and not pursing.

LVMPD - CAD

1115:39 AIR2 advised Craig 401’D (Traffic Accident) into a tan truck. Craig entered the Cal Ranch parking lot.

LVMPD - CAD

1116:49 AIR2 advised Craig’s driver’s door was opening.

LVMPD - CAD

1117:19 AIR2 advised male had a gunshot wound to the head. Medical was en route.

LVMPD - CAD

1120:22 681 (Sergeant McKenzie) advised of the OIS. LVMPD - CAD



Event: 170928-1502


XIV. FORENSICS REQUESTS/RESULTS Firearm Examinations On 10-18-17 an LVMPD Forensic Laboratory Request was submitted by Detective Penny on Officer Williams’ and Cuddihy’s firearms for function tests and ballistic comparison evidence. On 11-09-17 Forensic Scientist Kathy Geil, P# 15650, submitted the Report of Examination: Firearms & Toolmarks. The following evidence was examined and the results are reported below in italics.

Results and Conclusions:

Firearms and magazines The Kimber pistol was examined, test fired and found to be operational with no noted malfunctions. This pistol has a barrel length of approximately 5 1/16 inches, an overall length of approximately 8 3/4 inches and a trigger pull of 4 – 4 1/4 pounds. The submitted magazine fits and functions in this pistol and has a capacity of eight cartridges. The Glock pistol was examined, test fired and found to be operational with no noted malfunctions. This pistol has a barrel length of approximately 4 inches, an overall length of approximately 7 5/16 inches and a trigger pull of 6 3/4 – 7 pounds. The submitted magazine fits and functions in this pistol has a capacity of fifteen cartridges. Cartridge cases The evidence cartridge cases were examined and microscopically compared to the test fired cartridge cases from the Kimber and Glock pistols with the following results:

• The cartridge case (Lab Item 1) was identified as having been fired in the Kimber pistol.

• The cartridge case (Lab Item 2) was identified as having been fired in the Glock pistol.

Bullets and bullet jacket fragments The evidence bullets and bullet jacket fragments were examined and microscopically compared to the test fired bullets from the Kimber and Glock pistols with the following results:



Event: 170928-1502


• The bullet (Lab Item 6) was determined to be consistent with nominal .38 caliber, to include 9mm Luger.

• The bullet (Lab Item 6) and the bullet jacket fragment (Lab Item 7) have similar general rifling characteristics as the test fired bullets from the Glock pistol. However, there was insufficient microscopic detail for a conclusive identification or elimination as having been fired from the Glock pistol. This bullet and bullet jacket fragment were eliminated as having been fired from the Kimber pistol.

• The bullet jacket fragment in Lab Item 6 was not of microscopic comparison value.

• The bullet (Lab Item 8) was determined to be consistent with .45 Auto. This bullet was identified as having been fired from the Kimber pistol.

NIBIN Representative images of a test fired cartridge case from the Glock pistol were entered in the National Integrated Ballistic Information Network (NIBIN). Associations to other events in the network will be reported separately. The evidence is returned to secure storage. ---This report does not constitute the entire case file. The case file may be compromised of worksheets, images, analytical data and other documents.---



Event: 170928-1502


XV. WITNESS CANVASS On 09-28-17, at approximately 1230 hours, BAC patrol detectives conducted a witness canvass at the residences listed below. Below is a summary of the canvass. LOCATION PERSON CONTACTED INFORMATION OBTAINED 6007 Bromley Avenue Karetxe Rivera, DOB: -94 Was downstairs and did not

see anything. 6003 Bromley Avenue No answer. 6001 Bromley Avenue Ivan Holloway, DOB: 84 Did not see or hear anything. 5933 Bromley Avenue Jose Casanova, DOB: -80 Did not see or hear anything. 5931 Bromley Avenue Denver Littlefield, DOB: -83 Did not see or hear anything. 5929 Bromley Avenue No answer. 5925 Bromley Avenue No answer. 5919 Bromley Avenue Ivonne Renhardy DOB: -74

Contact number: Heard shots only.

5915 Bromley Avenue No answer. 5909 Bromley Avenue Eric Wosner, DOB: -66 Did not see or hear anything. 5907 Bromley Avenue Janet Amos, DOB: -55 Did not see or hear anything. 5833 Bromley Avenue No answer. 5831 Bromley Avenue No answer. 5825 Bromley Avenue No answer. 5823 Bromley Avenue No answer. 5817 Bromley Avenue No answer. 5813 Bromley Avenue No answer. 5811 Bromley Avenue No answer. 5809 Bromley Avenue Joan Brooks, DOB: -51 Did not see or hear anything.



Event: 170928-1502


LOCATION PERSON CONTACTED INFORMATION OBTAINED 5807 Bromley Avenue No answer. 5805 Bromley Avenue No answer. 5803 Bromley Avenue Niecey Adams, DOB: -71 Did not see or hear anything. 5801 Bromley Avenue No answer.

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