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LAS VEGAS METROPOLITAN POLICE DEPARTMENT

FORCE INVESTIGATION TEAM REPORT CONTINUATION

Event: 170531-2847

LVMPD Internal Oversight & Constitutional Policing Page 2 of 41 Force Investigation Team

TABLE OF CONTENTS

I. PERSONS INVOLVED .................................................................................................... 3

Involved Officer ......................................................................................................... 3

Victim Officer ............................................................................................................. 3

Suspect ..................................................................................................................... 3

II. PERSONS AT THE SCENE ............................................................................................ 4

III. INCIDENT DETAILS ........................................................................................................ 5

IV. BODY WORN CAMERAS (BWC) .................................................................................... 7

Officer Dylan Thomas ............................................................................................... 7

Officer Thomas Keller ............................................................................................... 8

V. HOSPITAL ....................................................................................................................... 8

VI. SCENE WALK-THROUGHS ............................................................................................ 9

VII. PUBLIC SAFETY STATEMENT (PSS) .......................................................................... 10

VIII. OFFICER WEAPON COUNTDOWNS ........................................................................... 12

Officer Vidal ............................................................................................................. 12

IX. SEARCH WARRANT ..................................................................................................... 13

X. DESCRIPTION OF THE SCENE AND VISIBLE EVIDENCE ......................................... 14

Evidence Recovered ............................................................................................... 22

XI. THIRD PERSON VIDEO AND PHOTOGRAPHIC EVIDENCE ...................................... 26

Rancho Mart – 2151 North Rancho Drive ............................................................... 26

Wildfire Casino ........................................................................................................ 27

XII. PERSONS CONTACTED .............................................................................................. 27

LVMPD Officers/Personnel ..................................................................................... 27

Civilians ................................................................................................................... 28

XIII. INVESTIGATION ........................................................................................................... 30

Officer Luis Vidal ..................................................................................................... 30

Officer Dylan Thomas ............................................................................................. 30

Officer Thomas Keller ............................................................................................. 31

XIV. TIMELINE ...................................................................................................................... 37

XV. FORENSICS REQUESTS/RESULTS ............................................................................ 38

DNA Examination .................................................................................................... 38

Firearms Examinations ........................................................................................... 40



Event: 170531-2847


I. PERSONS INVOLVED Involved Officer Name: Luis Vidal, P# 14802 Date of hire: -14

Area of assignment: Bolden Area Command (BAC) Squad: BA32 Call sign: Vehicle: BA10409 Shift hours: 1400-0000 hours Days off: Sunday / Monday / Tuesday Statement given to FIT: No Weapon Make: Springfield Model: XDM Caliber: 9mm

Serial number: Victim Officer Name: Thomas Keller, P# 12750 Date of hire: -07 Area of assignment: BAC Squad: BA32 Call sign: Vehicle: BA10317 Shift hours: 1400-0000 hours Days off: Sunday / Monday / Tuesday Statement given to FIT: Yes Suspect Name: Arvella Barber DOB: -83 SSN: ID number: 8154629 Race: Black Height/Weight: 5’07”/190 pounds Hair/Eyes: Black/Black Address: 1150 North Buffalo Drive Apartment #2015 Las Vegas, NV 89128



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Weapon Make: Charter Arms Model: Undercover Caliber: .38 Special Serial number: 11-06081

Vehicle Year: 2000 Make & model: Dodge Neon Vehicle ID number (VIN): 1B3ES46C2YD729101 Registered owner: Kelly Wykoff Address: 111 Benton Street Michigan City, IN 46360

Criminal charges Barber was Attempt Murder with Deadly Weapon (Firearm) booked for on the date of the Assault with a Deadly Weapon on a Protected Person incident: Resist Public Officer (Firearm) Buy/Possess/Receive Stolen Property (Firearm) Own/Possess Gun by Prohibited Person Carry Concealed Weapon (Firearm) 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 INVESTIGATIONS & ADMINISTRATIVE GROUP

1) Assistant Sheriff Thomas Roberts P# 4589 2) Deputy Chief Brett Zimmerman P# 3966

OFFICE OF THE SHERIFF/UNDERSHERIFF

POLICE EMPLOYEE ASSISTANCE PROGRAM (PEAP)

1) Manager William Gibbs P# 7553 2) Peer Counselor Donyale Bailey P# 5910



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COLLECTIVE BARGAINING ASSOCIATIONS

LAS VEGAS POLICE MANAGERS AND SUPERVISORS ASSOCIATION (LVPMSA) 1) Sergeant Russell Wood P# 5266

LAS VEGAS POLICE PROTECTIVE ASSOCIATION (LVPPA)

1) Officer Steven Grammas P# 6090 2) Officer Scott Nicholas P# 6676 3) Attorney John Harper

III. INCIDENT DETAILS On 05-31-17 at 1611 hours, Officers Thomas and Vidal were dispatched to an in progress possible stolen motor vehicle call at the Budget Suites, 2219 North Rancho Drive. The Person Reporting (P/R), Mario Jimenez, a security guard at the Budget Suites, reported to LVMPD Dispatch three females [Tracey Ana, Carolyn Heath and Charlene Riner] had forced entry into a white Chevy. Jimenez further reported the white Chevy was being followed by a green Dodge Neon [driven by Arvella Barber] as it left the property. After leaving the Budget Suites, both vehicles pulled into the gas station located at Rancho Drive and West Lake Mead Boulevard. Officer Thomas arrived at the Rancho Mart gas station and made contact with both vehicles and occupants. As Officer Thomas attempted to speak with the female occupants, the Dodge Neon fled the parking lot in a reckless manner. Officer Thomas attempted to follow the Neon as it drove southbound on Rancho Drive. Officer Thomas did not pursue the Neon and subsequently lost sight of the vehicle as it entered a residential neighborhood. A short time later, Officer Thomas located the Neon unoccupied in the 3800 block of Mountain Trail. Officer Thomas observed Barber running on Sunset Drive towards Vegas Drive, and broadcasted those details over the radio. Officer Thomas requested units to respond to that area as he believed Barber fled from the Neon. Officer Vidal arrived at Vegas Drive and Sunset Drive and observed Barber. Officer Vidal exited his patrol car and attempted to speak with Barber. Officer Vidal issued verbal commands to Barber to stop and she did not comply. Barber reached into a black bag she was holding and drew a black revolver. Barber turned and fired at Officer Vidal who returned fire. Barber ran into the parking lot of 3718 Vegas Drive and hid between vehicles. As Barber ran south through the parking lot, she fired again at Officer Vidal. Officer Vidal returned fire. Barber ran southeast across Vegas Drive where she again fired her weapon at Officer Vidal. Officer Vidal again returned fire and then he believed his firearm jammed. Officer Vidal believed he was struck by gunfire and fell to the ground at Vegas Drive and Sunset Drive. Officer Thomas arrived on scene and rendered aid to Officer Vidal. Officer Thomas directed additional responding patrol units to Barber’s location as she ran east on Vegas Drive.



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Officer Keller made contact with Barber on Silver Lake Drive south of Vegas Drive. As Officer Keller exited his patrol vehicle, Barber aimed her revolver at him but did not fire. Barber ran into the backyard of 3625 Vegas Drive through an open gate where Officer Keller briefly lost sight of her. Barber exited the yard and was no longer holding the revolver. Officer Keller subsequently took Barber into custody. Officer Keller located the revolver on top of a trash can in the backyard of 3625 Vegas Drive. 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 Parker conducted a briefing. The following persons were present: 1) Assistant Sheriff Thomas Roberts 2) Deputy Chief Zimmerman 3) Captain McMahill 4) Captain Plummer 5) Lieutenant Bledsoe 6) Lieutenant Graham 7) Lieutenant O’Brien 8) Sergeant Brown 9) Sergeant Clark 10) Sergeant MacDonald 11) Sergeant Parker 12) Sergeant Ward 13) Sergeant Wert 14) Detective Alsup 15) Detective Colon 16) Detective Golgart 17) Detective Gray 18) Detective Jex 19) Detective Leavitt 20) Detective Patton 21) Detective Penny 22) Officer Meltzer 23) Officer Rivera 24) Crime Scene Investigations Director McLaughlin 25) Crime Scene Analyst Supervisor Taylor 26) Senior Crime Scene Analyst (SCSA) Courtney 27) Crime Scene Analyst (CSA) Browning Following the briefing Detective Penny was assigned as the lead case agent and the responsibility of documenting the crime scene with crime scene analysts. Detectives Colon, Jex, Leavitt and Patton were assigned to interview available witnesses and conduct weapon countdowns. Detective Alsup was assigned responsibilities at the hospital.



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IV. BODY WORN CAMERAS (BWC) Officer Luis Vidal Officer Vidal was wearing a body worn camera but it was not activated during the incident. Officer Vidal did inadvertently activate his body worn camera after the shooting. The camera was collected by Sergeant MacDonald on the scene and secured. The video footage captured was later viewed by Detective Penny on 05-31-17. Officer Vidals’s camera footage depicted Officer Vidal on the ground with the camera recording the pavement. When Officer Vidal rolled over, Officer Thomas began to check him for injuries. Officer Vidal stated, “she has a gun.” The body worn camera did not record any of the confrontation with Arvella Barber. Officer Dylan Thomas Officer Thomas was wearing a body worn camera and it was activated at the time of the incident. The camera was collected by Sergeant MacDonald on the scene and secured. The video footage captured was later viewed by Detective Penny on 05-31-17. Officer Thomas’ camera footage depicted Officer Thomas as he responded to the Rancho Mart gas station where he came in contact with a Chevy Malibu and a Dodge Neon. Officer Thomas exited his patrol vehicle and told the females to exit their cars and step to the front of his. A black female [Arvella Barber] was seen in the driver’s seat of the Dodge Neon. As Officer Thomas repeated his command to step out of the car, Barber reversed the Dodge Neon as the front seat passenger [Tracey Ana] attempted to exit the vehicle. Barber drove out of the parking lot and southbound on Rancho Drive after Ana fell out of the Dodge Neon near the gas pumps. Officer Thomas entered his patrol vehicle and drove southbound on Rancho Drive and into a residential neighborhood. A short time later, Officer Thomas located the Dodge Neon unoccupied. Officer Thomas updated a description of Barber who was walking southbound on Sunset Drive towards Vegas Drive. While Officer Thomas was with the Dodge Neon, Officer Vidal is heard on the radio stating he’ll be out on Barber who was running. Officer Thomas drove toward Officer Vidal after hearing Officer Vidal say, “stop reaching into your bag.” Officer Vidal then broadcasted, “shots fired” and “I think I’m shot.” As Officer Thomas arrived at Sunset Drive and Vegas Drive, Officer Vidal can be seen lying in the street on his left side. When Officer Thomas exited his patrol car, Officer Vidal changed positions and was lying face down holding his handgun. Officer Thomas grabbed Officer Vidal by his right arm and drug him out of the street. Officer Thomas directed Officer Keller to Barber’s location. Officer Thomas checked Officer Vidal for injuries. As Officer Thomas checked Officer Vidal for gunshot wounds, Officer Vidal stated, “she has a gun.”



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Officer Thomas Keller Officer Keller was wearing a body worn camera and it was activated at the time of the incident. The camera was collected by Sergeant MacDonald on the scene and secured. The video footage captured was later viewed by Detective Penny on 05-31-17. Officer Keller’s camera footage depicted Officer Keller responding to the scene. Upon his arrival at Vegas Drive and Sunset Drive, Officer Keller was directed by Officer Thomas to where the suspect [Arvella Barber] was located. As Officer Keller turned southbound on Silverlake Drive, Barber was seen crossing the street. As Officer Keller exited his patrol vehicle with his gun drawn, Barber disappeared from view through an open rear gate at 3625 Vegas Drive. Barber re-appeared with her hands visible and unarmed. Officer Keller gave verbal commands for Barber to get on the ground and she was taken into custody. Barber told Officer Keller she did not shoot anybody. Officer Keller was heard on camera telling another officer the location of Barber’s gun. V. HOSPITAL SCSA Courtney and CSA Browning responded to University Medical Center (UMC) to photograph Officer Vidal and recover any evidence. Officer Vidal was located at UMC – Trauma in Bed 10. Officer Vidal was photographed to document his injuries. Officer Vidal sustained minor abrasions to his neck, right elbow, right hand knuckles and right knee. Officer Vidal also sustained a minor separation of the right shoulder and sprained ligament of the right elbow. The following items were impounded by SCSA Courtney as documented on the Evidence Impound Report: Item #1- One (1) tan LVMPD “Conqueror by Leventhal Ltd.” uniform shirt (unknown size) with apparent scuff marks, a tear on the right arm and with apparent blood. Item #2- One (1) pair of tan LVMPD “Flying Cross” uniform pants, size 33 short with apparent scuff marks and an apparent defect in the right front pant leg.



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VI. SCENE WALK-THROUGHS The purpose of the scene walk-through is to help investigators develop an understanding of the scene, including identifying officer locations at the time deadly force was used, identifying potential physical evidence, and re-creating a timeline of the incident. On 05-31-17, at approximately 1814 hours, Officer Vidal provided a walk-through of the scene in the presence of the following persons:

1) Lieutenant O’Brien 2) Sergeant MacDonald 3) Detective Patton 4) Detective Penny 5) LVPPA representative Officer Grammas 6) LVPPA attorney John Harper During the walk-through, which was not video or audio recorded, Officer Vidal relayed the following information: Officer Vidal was driving westbound on Vegas Drive and turned northbound on Sunset Drive. He saw the suspect [Arvella Barber] near a blue dumpster holding a black backpack. As Barber walked south on Sunset Drive, Officer Vidal stopped his patrol car and exited. Officer Vidal gave Barber verbal commands but she didn’t listen. Officer Vidal told Barber to let him see her hands. As Officer Vidal was standing near the trunk of his patrol car, Barber stopped by a palm tree. Barber reached into her bag as she faced away from Officer Vidal. Barber removed a black firearm, turned and fired first. Officer Vidal stated he remembered seeing smoke from the gun. Officer Vidal returned fire as Barber moved in between cars in the parking lot. Officer Vidal moved southbound when he saw Barber exit from in between the parked cars by the east wall of the parking lot. Barber aimed her gun and fired again. Officer Vidal returned fire a second time toward Barber as she continued moving southbound. Barber ran southeast across Vegas Drive. As Barber neared the sidewalk, she aimed her firearm and fired again. Officer Vidal returned fire a third time. Officer Vidal stated his gun malfunctioned and he fell to the ground in pain. Officer Vidal stated Barber continued to run eastbound on Vegas Drive. During the walk-through, LVPPA Attorney Harper occassionally spoke on behalf of Officer Vidal reference the incident. Detective Penny was not allowed to ask any questions directly to Officer Vidal reference the incident.



Event: 170531-2847


VII. PUBLIC SAFETY STATEMENT (PSS) On 05-31-17, at approximately 1920 hours, Detective Jex interviewed Sergeant Wert reference the Public Safety Statement she obtained from Officer Vidal. Below is the transcript of the interview. Note: Detective Jex is designated by (CJ) and Sergeant Wert is designated by (JW). CJ: Operator, this is Detective C. Jex, with the Force Investigation Team, P# 5597. Uh, this

is…conducting the Public Safety Statement interview reference Event# 170531-2847. The Public Safety Statement was taken by Sergeant Jessica, J-E-S-S-I-C-A Wert, W-E-R-T, P# 9302. Her call sign...uh, Um, her call sign . Starting time is 1920 hours. Also present in the interview is PMSA representative Sergeant Russ Wood, W-O-O-D, P# 5266, call sign Um, the Public Safety Statement that Sergeant Wert took, uh, was from Officer Luis, L-U-I-E…L-U-I-S Vidal, V-I-D-A-L, P# 14802, who is the, uh, involved officer. Um, okay, Sergeant Wert, what we’ll do is I’ll have you read, uh, the question that you were…that you asked, uh, and then just go through each sub-question and answer those. Uh, what was the time that you took the Public Safety Statement for Officer Vidal?

JW: 1630. CJ: Okay. All right. Go ahead with…starting with question one. JW: “Did you discharge your firearm?” “Yes.” Uh, 1a: “If so, in what direction?” Uh, “In front of white Ford 150.” Officer Vidal was

pointing eastbound. Uh, 1b: “Approximately where were you located when you fired?” “Behind my patrol

car.” 1c: “How many shots do you think you fired?” “I don’t remember. Three approximately.” Question 2: “Is anyone injured?” “I don’t know.” Uh, question 2a, uh, did not apply. Question 3: “Are there any outstanding suspects?” “No.” Question 3a, b, c, d, e, uh, did not apply. Question 4: “Is it possible the suspect fired rounds at you?” “Yes.” 4a: “If so, what direction were the rounds fired from?” He pointed westbound and stated,

“In front of the sign, and over by the, uh, concrete wall to the east.” Uh, 4b: “How many shots do you think the suspect fired?” He stated, “A couple times.”

Did not give a specific. And 4c: “Approximately where was the suspect located when they fired?” “In front of the

Ideal Foods sign, behind the F150, and by the concrete wall to the east of the parking lot.”

Question 5: “Do you know if any other officers discharged their firearms?” “No.” Questions 5a, 5b do not apply. Question 6: “Are there any weapons or evidence that need to be secured/protected?”

“My firearm. Thomas took it.” “If so, where are they located?” “On the sidewalk.”



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Question 7: “Are you aware of any witnesses?” “I don’t know.” 7a does not apply. CJ: Okay. This ends the, uh, Public Safety Statement for, uh, Officer Luis Vidal. The time is

1926. On 05-31-17, at approximately 1927 hours, Detective Jex interviewed Sergeant Wert reference the Public Safety Statement she obtained from Officer Thomas. Below is the transcript of the interview. Note: Detective Jex is designated by (CJ) and Sergeant Wert is designated by (JW). CJ: Operator, this is Detective C. Jex, with the Force Investigation Team, P# 5597,

conducting Public Safety Statement #2, uh, with Sergeant, uh, Jessica, J-E-S-S-I-C-A Wert, W-E-R-T, P# 9301, call sign . Starting time of this Public Safety Statement is 1927 hours. Also present in the Public Safety Statement is Sergeant Russ Wood, W-O-O-D, P# 5266, call sign . This Public Safety Statement was taken by Sergeant Wert for Officer Dylan, D-Y-L-A-N Thomas, T-H-O-M-A-S, P# 14884. All right, uh, Sergeant Wert, if you’ll go ahead using the card and just start with question #1.

JW: All right. Question 1: “Did you discharge your firearm?” “No.” Question 1a, b, and c did not apply. Question 2: “Is anyone injured?” “Not that I know of.” Question 2a did not apply. Question 3: “Are there any outstanding suspects?” “When Dodge Neon…” um, excuse

me, “When Dodge Neon, uh, was first seen there were two BFAs. Um, when first arrived heavy BFA on street. No other females seen.”

3a: “Uh, heavy BFA.” No clothing description. Uh, 3b: Uh, “Southbound Veg…” or, excuse me, “Southbound Sunset.” 3c: “How long have they been gone?” Uh, did not apply. 3d, uh, I failed to ask; apologize. And 3e I also did not ask. Question 4: “Is it possible the suspect fired rounds at you?” “No.” 4a, b, and c did not apply. Question 5: “Do you know if any other officers discharged their firearms?” “No.” 5a and b did not apply. Question 6: “Are there any other weapons or evidence that needs to be secured or

protected?” “No.” 6a did not apply. 7: “Are any…” “Are you aware of any witnesses?” I did not, uh, get that answer. I did not

ask it, so 7a did not apply. CJ: Okay. Operator, this is the end of the PSS ss…statement interview. The, uh, time is, uh,

1931.



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VIII. OFFICER WEAPON COUNTDOWNS On 05-31-17, Officer Vidal had his duty weapon counted down at the corner of Vegas Drive and Sunset Drive. Officer Vidal’s firearm was located on the sidewalk where Officer Thomas had placed it as he checked Officer Vidal for injures. The firearm did not have a magazine in it. The magazine was located on the sidewalk in between Officer Vidal’s firearm and duty belt. Officer Vidal’s duty belt was also located on the sidewalk. Officer Vidal was not present for the countdown due to being transported to UMC Trauma. Officer Vidal The following persons were present during the countdown: 1) Detective Patton 2) Detective Penny 3) SCSA Fletcher 4) CSA Andrews

Prior to countdown Officer Vidal stated he recently qualified with his handgun, however when reloading the magazines, he was short two cartridges. Officer Vidal stated he loaded his two spare magazines to capacity with 19 cartridges. Officer Vidal loaded the magazine for his firearm with 18 cartridges, inserted the magazine into his firearm and chambered one cartridge. At the time of the shooting, Officer Vidal had 17 cartridges in the magazine and one in the chamber.

Make Springfield Model XDM Serial Number Caliber 9mm Weapon Mounted Light Streamlight TLR-1 HL Ammunition Speer 9mm Luger +P Cartridge in Chamber 0 Magazine from Weapon Capacity: 19 cartridges

Countdown: 0 cartridges Spare Magazine #1 Capacity: 19 cartridges

Countdown: 19 cartridges Spare Magazine #2 Capacity: 19 cartridges

Countdown: 19 cartridges At the completion of the countdown, it was determined Officer Vidal discharged his firearm 18 times during this incident. Officer Vidal’s firearm, magazines and cartridges were photographed and impounded by CSA Andrews.



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IX. SEARCH WARRANT On 06-01-17, a search warrant was obtained by Detective Patton from Judge Allf for: (1) A 2000, Green Dodge Neon 4 door, bearing Indiana plate 326-LER and (2) Epithelial cells from inside the mouth of Arvella Barber, ID# 8154629. The following personnel served the DNA search warrant: 1) Detective Patton 2) Detective Penny The following items were impounded by Detective Penny as part of the search warrant: 1) DNA Buccal Swab Kit – Arvella Barber, ID# 8154629 The following personnel served the vehicle search warrant: 1) Sergeant MacDonald 2) Detective Patton 3) Detective Penny 4) SCSA Browning The following items were photographed and impounded by SCSA Browning as part of the search warrant as documented on the Evidence Impound Report: Package 1: Item 1: One (1) receipt from Rapid Cash at 2801 W. Washington Ave Suite 110 on 31 May 2017 at 15:02 for Barber, Arvella Item 2: One (1) check stub (no. 614842) from AccountNow, Inc dated 05/26/2017 in the name of Arvella Barber Package 2: Item 3: One (1) Flovent HFA inhaler with orange plastic container Package 3: Item 4: One (1) swab of possible DNA Item 5: One (1) swab of possible DNA Item 6: One (1) swab of possible DNA SCSA Browning took overall photographs of the vehicle. SCSA Browning photographed the items in place prior to recovering them.



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On 06-01-17 a search warrant was obtained by Detective Penny from Judge Allf for a Black ZTE cellphone/smartphone; Tracfone Wireless, Inc.; Medel Z717VL; S/N: 329F66605FDE. The following personnel served the DNA search warrant: 1) Detective Krnjeu The following items were recovered by Detective Krnjeu as part of the search warrant: 1) Data recovered from the cellular telephone. X. DESCRIPTION OF THE SCENE AND VISIBLE EVIDENCE

The following Crime Scene Investigation Report was authored by SCSA Fletcher. The report details the scene located at West Vegas Drive and North Sunset Drive. SCSA Fletchers’ report follows in italics.



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VEHICLE(S): #1- 2011 Ford Crown Vic (LVMPD Black & White #BA-10409), NV/EX44472, VIN/2FABP7BVXBX150598 #2- 2004 Ford F150 (white pick-up), NV/105-VSE, VIN/1FTPX02524KD85008 GENERAL INFORMATION: On 05/31/17 at approximately 1730 hours, I arrived at the above listed location reference an officer involved shooting investigation. Also present upon my arrival and shortly thereafter were the following people: Crime Scene Investigations Director R. McLaughlin 4170; Crime Scene Analyst Supervisor E. Taylor 9619; Crime Scene Analyst D. Andrews 13766; FIT Sergeant J. MacDonald 4660; FIT Detectives B. Penny 6042, C. Jex 5597, and J. Patton 8289; and numerous additional LVMPD personnel. The scene was secured with crime scene tape, Patrol vehicles, and Patrol Officers and Detectives. THE SCENE: The scene was located at the intersection of W. Vegas Dr and N. Sunset Dr. Vegas runs in a west/east direction and Sunset extends north from Vegas. Pyramid Dr extended south off Vegas and was oriented west of Sunset. A building housing the Ideal Foods business had an address of 3718 W. Vegas Dr and was situated at the northeast corner of the intersection. A sidewalk bordered the south side of the building. The building faced south with a parking lot south of the building. A block wall extended further west from the southwest corner of the building and then extended north along the east sidewalk of Sunset. The north sidewalk of Vegas Dr was situated adjacent to the south side of the parking lot and wrapped north along the east side of Sunset bordering the west side of the parking lot. One drive to enter the parking lot was positioned along the east side of Sunset slightly north of Vegas, and the other drive was oriented along the north side of Vegas at the east end of the parking lot. A half cinderblock pony wall extended in a southerly direction from the southeast corner of the building to the north sidewalk of Vegas. The parking lot was filled with vehicles along the north side and south sides. Vehicle #2 was parked in the northwest corner of the business parking lot in a northerly direction adjacent to the east sidewalk of Sunset. A planter with a palm tree was adjacent to the front end of vehicle #2. Vehicle #1 was stopped in the northbound lane of Sunset in a northerly direction west of the building and northwest of vehicle #2. EVIDENTIARY OBSERVATIONS: A plastic crate with crime scene tape tied to it was lying on the pavement in the #2 eastbound travel lane of Vegas at the east corner of Pyramid/Vegas. A brass jacketed bullet (item #21) was located underneath the crate. A .45 caliber cartridge case (item #22) was found partially buried in the dirt along the south side of Vegas in front of/north of 1408 Pyramid Dr. Two (2) 9mm cartridge cases (items #17 & 18) were lying on the pavement in the westbound lane of Vegas at the northeast corner of the intersection.



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The following items were found on the north sidewalk of Vegas at the northeast corner: a duty belt containing two full 19- round ammunition magazines, a body camera pack, a Taser, a radio, glove pouch, two (2) handcuff cases with cuffs, a baton, an empty firearms holster, flashlights, and OC spray; tan shirt buttons; an empty 19 round firearms ammunition magazine (item #29A); and a 9mm Springfield XD-9 semi-automatic handgun (item #29) lying on its' right side with the barrel in a northeasterly direction. The firearm had a Streamlight flashlight attached to the bottom of the frame, the chamber was empty and the magazine housing was empty. The slide was forward and the slide lock appeared to be damaged. The majority of the scene was located behind/south of vehicle #1 in the street. Sixteen (16) 9mm cartridge cases (items #1-16) were found on Sunset south of and southwest of vehicle #1, and west of the drive into Ideal Foods. One (1) bullet (item #19) was lying on the street in the northbound lane just north of the drive into the parking lot. A bullet fragment (item #24) was found on the ground underneath the driver's side of vehicle #2. A bullet (item #23) was found on the pavement in the east area of the parking lot near the drive at Vegas. A bullet fragment (item #20) was found in the central east end of the parking lot near the pony wall. The following officer/subject perspective views were marked on the diagram as follows: Officer Position 1 - northbound lane of Sunset south of Vehicle #1; Subject Position 1 -south side of palm tree at southwest corner of building; Officer Position 2- northbound lane of Sunset at the drive into the parking lot; Subject Position 2- central east end of the parking lot near the pony wall; Officer Position 3- sidewalk northeast corner of intersection; Subject Position 3- #2 eastbound lane of Vegas at 3711. The following bullet trajectories were observed and labeled: [A thru D are in the driver's side of vehicle #2, all west to east directionality] A - bullet went into the left front quarter panel behind the wheel and lodged in the firewall (not recovered); B - bullet went through the exterior side of the driver's door into the passenger compartment, through a tissue box on the floor under the front edge of the front center seat with bullet fragments (item #27) recovered from underneath the right front seat and a circular metal piece (item #26) recovered from inside the driver's door pocket beneath entrance hole; C - bullet went through the driver's door and into the driver's floorboard (not recovered) with circular metal pieces (item #25) recovered near the hole; D - bullet went through the driver's door and fragments (item #28) lodged in the top weather stripping and frame of the driver's running board; E - bullet penetrated the west side of the palm tree at the southwest corner of the building (not recovered, no exit found); F - bullet striking the south side of the building near the west end (directionality undetermined); G - bullet entered the south side of the building east of "F" in a southwest to northeast direction (stucco removed to determine directionality) with a hole visible to the west face of a 2x4 inside the wall (not recovered); H - a bullet striking/impacting the west face of the east pony wall near the south end; I - a bullet impacted the northbound lane of Sunset south of vehicle #1 creating a divot with pavement debris; and



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J - a bullet strike was found near the center of Sunset south of vehicle #1. The following measurements of the labeled bullet holes/strikes were obtained: A - 3'11" back from the left front of vehicle #2 and 2'6" up from the ground; B - 6'3" back from the left front of vehicle #2 and 2'6" up from the ground; C - 6'0" back from the left front of vehicle #2 and 1'11" up from the ground; D - 7'8" back from the left front of vehicle #2 and 1'9" up from the ground; E - west side of palm tree 4'9" south and 1'9" east from the southwest block wall corner and 3'10" up from the ground; F - on the south wall of the building 9'5" east of the southwest block wall corner and 5'6" up from the ground; G - on the south wall of the building 22'8" east of the southwest block wall corner and 3'5" up from the ground; H - on the east pony wall west side 62'2" south and 99'0" east of the southwest block wall corner and 1'8" up from the ground; I - on the pavement in the northbound lane of Sunset 18'10" south and 12'8" west of the southwest block wall corner; and J-on the pavement in the center of Sunset 22'0" south and 23'7" west of the southwest block wall corner. An examination of bullet strikes/impacts labeled "I" and "J" with the bullet hole testing kit was conducted by CSA D. Andrews. The test indicated positive results for lead on impact "I" and positive results for copper on strike "J". A purse (item #30) was found lying in the planter along the north side of the palm tree at the southwest corner of the building. The purse contained a lighter, toiletries, bra straps and a tack. PHOTOGRAPHY: Digital images were captured by myself showing address location; the scene as described above; aforementioned items of evidence for location, identification and overall condition; labeled trajectories; and case information written on the trunk of a patrol vehicle. Digital images were captured showing Patrol Officer L. Vidal 14802 for identification and overall condition to include the following: buttons missing with fabric damage to the front of his uniform (long sleeve patrol uniform); tearing to the uniform at the right elbow with apparent blood; dirt on his uniform pants, sleeves and back; abrasions/redness to both knees; swelling/bruising to the knuckles of both hands; cuts underneath his chin; and dirt on his palms. Additional digital images were captured showing marked officer and subject perspective views as follows: Officer view from northbound lane of Sunset in a northeasterly direction toward subject position at the south side of the palm tree, and from subject position back southwest toward officer position;



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Officer view from northbound lane of Sunset at drive in an easterly direction toward subject position near the east pony wall, and from subject position back west toward the officer position; and Officer view from the northeast corner in a southeasterly direction toward subject position in the #2 eastbound lane of Vegas, and from subject position back northwest toward the officer. EVIDENCE: The following items were recovered and impounded as evidence by CSA D. Andrews 13766: the eighteen (18) 9mm cartridge cases from the street; the .45 caliber cartridge case from the dirt along the south side of Vegas; the bullets and bullet fragments from Sunset, the parking lot, the #2 eastbound lane of Vegas at Pyramid, the ground underneath driver's side of vehicle #2, and inside vehicle #2; the circular metal pieces from inside vehicle #2; the 9mm handgun and empty magazine; and the purse/contents. Please refer to evidence impound report and impounded firearms information reports for further. DIAGRAM: A rough sketch crime scene diagram was created on scene by CSA Andrews 13766 with a computer generated diagram created at a later date. ADDITIONAL INFORMATION: Crime Scene personnel cleared from this incident at approximately 0020 hours on 06/01/17. No further action taken. The following Crime Scene Investigation Report was authored by CSA Browning. The report details the scenes located north of West Vegas Drive and North Sunset Drive. CSA Browning’s report follows in italics. VEHICLE(S): V1: 2000 Dodge Neon, green, 4-dr, IN 326LER (rear), cold plated BVI T2214 (front), VIN: 1B3ES46C2YD729101 GENERAL INFORMATION: I arrived on scene in the area of West Vegas Drive and North Sunset Drive in reference to follow up locations in an officer involved shooting investigation. The locations for each follow up and the investigations they referenced are as follows:

Location #1: Wildfire Casino: 1901 N Rancho Drive: Photographs of Tracey Ana (DOB: 1979) in custody of Patrol Officers B. Clements P#14074 and P. Zaragoza P#13738. Location #2: 1820 Willow Trail: Photographs of Carolyn Brunswick (DOB:

1963) in custody of Patrol Officer C. Gohr P#7470. Location #3: 3840 Mountain Trail: Photographs of V1 parked facing east on the south side of Mountain Trail in front of 3840 with the right front window down with the area secured by yellow tape and Patrol Officer J. Ramirez P#9791 and FIT Detective J. Patton P#8289; and following the sealed and towed vehicle from this location back to the secure CSI Garage.



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*NOTE: All locations are north of the scene for the Officer Involved Shooting at Vegas Drive & Sunset Drive. PHOTOGRAPHY: Digital images were recorded to show a black female adult wearing blue/green/pink striped tank top and blue jean capris identified as Tracey Ana (DOB: /1979) for identification and overall appearance as well as the location of scuff marks on the knees and rear of her pants; a black female adult wearing black knee-length shorts and a grey/white tank top identified as Carolyn Brunswick (DOB: /1963) for identification and overall appearance; the position, orientation, and condition of V1 before and after the placement of seals on all four doors, the hood, the trunk, and over the plastic covering the open right front window; the missing seal upon arrival at the lab and placement of new seal; and views of the seal. No further actions taken. The following Crime Scene Investigation Report was authored by SCSA Courtney. The report details the scenes located at UMC Trauma, 3625 Vegas Drive and 2151 North Rancho Drive. SCSA Courtney’s report follows in italics. VEHICLE(S): Vehicle #1- 2010 White Chevrolet Malibu NV Plate- 48E750 VIN- 1G1ZA5E02AF194578 GENERAL INFORMATION: On May 31, 2017 at approximately 1831 hours, I arrived at the intersection of Vegas Dr. and Sunset Dr. in reference to an Officer Involved Shooting Investigation. Follow Up scenes were documented by myself and CSA I C. Browning #15291 and are detailed below.

• UMC Trauma Color digital images were recorded by GSA 1 C. Browning #15291 to show Officer L. Vidal #14802 [showing him lying on a hospital bed wearing a hospital gown, a white t-shirt and socks] for identification and overall condition including apparent injuries to his chin, right elbow, right knee and right hand (with and without a scale) as well as of his right shoulder. Additional color digital images by were recorded by CSA 1 C. Browning #15291 of a "Survival Armor'' ballistic vest as well as x-rays of Officer L. Vidal's right shoulder and right elbow. His LVMPD uniform shirt [Item #1] and pants [Item #2] were recovered by me, documented with photography at the Crime Lab and impounded as evidence.

• 3625 Vegas Dr. The above listed residence faced north. There was a south rear yard accessed by a southwest driveway. A black cellphone was on the ground of the driveway. There was a trash can in the northwest corner of the rear yard. A black with black grips Charter Arms Undercover 38 SPL five shot revolver MADE IN USA with a 2" barrel length, serial #11-06081 [Item #3] was located in the trash can. There were four cartridge cases and one cartridge in the cylinder [Items #4, #4A, #48 and #4C and #5].



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Color digital images were recorded by CSA I C. Browning #15291 to show the address location and overall condition of the scene as described above. Additional color digital images were recorded by CSA 1 C. Browning #15291 to show Officer T. Keller #12750 for identification and overall condition including scuff marks on the right knee of his pants and on his right boot as well as of an injury to his right knee (with and without a scale) as well as of the subject, Arvella Barber (DOB- /1983) [showing her wearing a white shirt, grey shorts and red shoes] for identification and overall condition. The above listed items were recovered by me and impounded as evidence. Item #3 was swabbed for possible DNA [swab impounded as Item #6] as well as chemically and powder processed for latent prints with negative results prior to impounding. The black cell phone was recovered by FIT Detectives on scene. Please see their reports for further information.

• 2151 N. Rancho Dr. Vehicle #1 was parked facing south in a parking spot at the Rancho Mart at the above listed address. The hood, doors, windows and trunk were all closed. There was miscellaneous personal property in the vehicle including paperwork in the name of "Charlene Riner". Color digital images were recorded to show vehicle #1 for location, position, identification and overall condition as well as of a Consent to Search Card in the name of "Charlene Riner". Additional color digital images were recorded to show the subject, Charlene Riner (DOB-

/1976) [showing her wearing a yellow striped tank top, blue denim pants and grey shoes] for identification and overall condition. No further at this time. The following Crime Scene Investigation Report was authored by SCSA Thomas. The report details the scene located at 400 South Martin Luther King – Building A. SCSA Thomas’ report follows in italics. VEHICLE(S): GENERAL INFORMATION:

At the above date and time I, SCSA K. Thomas# 13574, arrived at 400 South Martin L King Building A, reference a follow-up to an officer involved shooting. Present at the time of my arrival were FIT Detective B. Penny# 6042 and Uniformed Patrol Officers.

Digital images were exposed for the identification and condition of Arvella Barber ( /1983) to include injuries to her right elbow and her right wrist.



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Items of clothing worn by ArvelIa Barber ( /1983) were collected and impounded as evidence. These items include: a white, size medium, short sleeved, "DELTA" "PRO WEIGHT" t-shirt (Item# 1); a pair of grey, size medium, "NBA" shorts (Item # 2); and a pair of red with black and white, size 8, "JORDAN" sneakers (Item# 3). Please see the Evidence Impound Report for additional information.

No further action at this time. The following Crime Scene Investigation Report was authored by SCSA Fletcher. The report details the scene located at 3718 Vegas Drive. SCSA Fletchers’s report follows in italics. VEHICLE(S): GENERAL INFORMATION: On 06/01/17 at approximately 1629 hours, I arrived at the original scene at the business at 3718 Vegas Dr (northeast corner of W. Vegas Dr/N. Sunset Dr) meeting Detectives C. Jex 5597 and J. Leavitt 5814. The detectives directed my attention to three defects that may be possible bullet strikes from the incident on 05/31/17. One defect was located above the doors along the south side of the business in the overhang. Two defects were located in the east pony wall (west side) of the parking lot. Examinations of the defects were done using the bullet hole testing kit to determine the presence of lead and copper. The tests were conducted on all three defects with negative results, indicating that the defects were not bullet related. No further action taken. The following Crime Scene Investigation Report was authored by CSA Browning. The report details the scene located at the CSI Garage. CSA Browning’s report follows in italics. VEHICLE(S): V1: 2000 Dodge Neon, green, 4-dr, IN 326LER (rear), cold plated BVI T-22214 (front), VIN: 1B3ES46C2YD729101 GENERAL INFORMATION: I arrived on scene at the above location on the above listed date and time and made contact with FIT Detective Sergeant J. MacDonald P#4660 and FIT Detectives B. Penny P#6042 and J. Patton P#8289. V1 was parked facing west in the secure CSI garage with intact seals in place on all four (4) doors, trunk, hood, and over the plastic covering the open right front window.



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SCENE: The keys to V1 were stuck inside the ignition of the car, but otherwise the steering column was intact. The right front seat compartment of the vehicle contained a sandal, USB cables, sunscreen, trash, and other miscellaneous items. Located on the right rear seat were juice cartons, a gas can, and a water bottle. Inside the center console were trash, napkins, a cassette tape adapter, a phone, a Flovent HFA inhaler in an orange container (Item 3), and a receipt from Rapid Cash dated 5/31/2017 with the name Arvella Barber (Item 1) printed on it. The trunk of V1 contained shoes, clothes, a sun visor, golf clubs, trash, and other various items. The left rear seat compartment contained a tire iron and a juice carton. Located in the left front seat compartment were receipts, including a check stub made out to Arvella Barber (Item 2), a carton of cigarettes, a bottle, among other miscellaneous items. PHOTOGRAPHY: Digital images were recorded to show the above described scene for location and overall condition; the position, orientation, and condition of V1; the location of evidence recovery; the identification of recovered evidence; and views of the search warrant and return. PROCESSSING: Swabs of possible DNA were collected from the steering wheel (Item 4), the gear shift (Item 5), and the key in the ignition of V1 (Item 6). EVIDENCE RECOVERY: All of the above listed items were collected and impounded as evidence. See the Evidence Impound Report for further information. No further actions taken. Evidence Recovered

The following items of evidence were recovered from the OIS scene located at West Vegas

Drive and North Sunset Drive and impounded by CSA Andrews. CSA Andrews’ evidence impound report follows in italics.

Package 1:

Item 1: One (1) cartridge case bearing a head stamp of "Speer Luger 9mm +P".










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Package 2: Item 11: One (1) cartridge case bearing a head stamp of "Speer Luger 9mm +P".








Package 3:

Item 22: One (1) cartridge case bearing a head stamp of "GFL .45 ACP".

Package 4:

Item 19: One (1) bullet, lead and copper.

Item 20: One (1) bullet fragment, lead and copper.

Item 21: One (1) bullet, brass.

Item 23: One (1) bullet, lead and copper.

Item 24: One (1) bullet fragment, lead and copper. Item 25: Two (2) circular metal pieces.

Item 26: One (1) circular metal piece.



Package 5:

Item 29: One (1) semi-auto handgun with an apparent damaged slide lock, (Springfield Armory,

Model XDM-9, 9mm, made in Croatia, imported by Geneseo, IL, SN: , black/black,

with 4.5" approximate barrel length), with an attached flashlight (Streamlight, TLR-1 HL, SN:

0249530613).

Item 29A: One (1) empty black and silver-colored magazine, (Springfield Armory XDM, 9mm,

19 round capacity).



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Package 6:

Item 30: One (1) black purse, "Roxy" brand, containing a blue "Roxi" lighter, miscellaneous

toiletries, one (1) clear and one (1) black/pink bra strap, and one (1) pink and silver-colored

tack.

The following items of evidence were recovered from UMC Trauma and 3625 Vegas Drive and impounded by CSA Courtney. CSA Courtney’s evidence impound report follows in italics.

Package #1

Item #1- One (1) tan LVMPD "Conqueror by Leventhal Ltd." uniform shirt (unknown size) with

apparent scuff marks, a tear on the right arm and with apparent blood.

Item #2- One (1) pair of tan LVMPD "Flying Cross" uniform pants, size 33 short with apparent

scuff marks and an apparent defect in the right front pant leg.

Package #2

Item #3- One (1) black with black grips Charter Arms Undercover 38 SPL five shot revolver

MADE IN USA with a 2" barrel length, serial #11-06081.

*Item swabbed for DNA (see item #6)

*Item chemically and powder processed with negative results.

Package #3

Item #4- One (1) cartridge case bearing headstamp "CBC 38 SPL".

Item #4A- One (1) cartridge case bearing headstamp "CBC 38 SPL".

Item #48- One (1) cartridge case bearing headstamp "CBC 38 SPL".

Item #4C- One (1) cartridge case bearing headstamp "CBC 38 SPL".

Package #4

Item #5- One (1) cartridge bearing headstamp "CBC 38 SPL".

Package #5

Item #6- One (1) swab with possible DNA.

The following items of evidence were recovered from 400 South Martin Luther King - Building

A and were impounded by SCSA Thomas. SCSA Thomas’ evidence impound report follows in

italics.



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Package 1

Item# 1: One (1) white, size medium, short sleeved, "DELTA" "PRO WEIGHT" t-shirt bearing

stains throughout

Item# 2: One (1) pair of grey, size medium, "NBA" shorts bearing stains

Item# 3: One (1) pair of red with black and white, size 8, "JORDAN" sneakers bearing

dirt/stains

The following items of evidence were recovered from a 2000 Dodge Neon bearing

326LER/Indiana located at the CSI Garage and were impounded by CSA Browning. CSA Browning’s evidence impound report follows in italics.

Package 1:

Item 1: One (1) receipt from Rapid Cash at 2801 W. Washington Ave Suite 110 on 31 May

2017 at 15:02 for Barber, Arvella

Item 2: One (1) check stub (no. 614842) from AccountNow, Inc dated 5/26/2017 in the name

Arvella Barber

Package 2:

Item 3: One (1) Flovent HFA inhaler with orange plastic container

Package 3:

Item 4: One (1) swab of possible DNA





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XI. THIRD PERSON VIDEO AND PHOTOGRAPHIC EVIDENCE Rancho Mart – 2151 North Rancho Drive Clip 1 – Exterior Parking Lot View (Facing North Rancho Drive) The video showed a white Chevy Malibu enter the gas station parking lot followed by a green Dodge Neon. The Malibu was driven by Charlene Riner and Carolyn Heath was in the front passenger seat. The Neon was driven by Arvella Barber and Tracey Ana was in the front passenger seat. Both vehicles were stopped at the gas pumps and Riner had exited the Malibu and stood next to a gas pump. Several minutes later, a patrol car arrived [Officer Thomas] and stopped next to the driver’s side of the Neon. Officer Thomas activated his emergency lights and exited his car. Officer Thomas appeared to be speaking with the occupants of both vehicles when the brake lights and reverse lights of the Neon came on. Ana opened her passenger door and tried to exit the vehicle when Barber suddenly accelerated in reverse. As Barber reversed, Ana was seen falling out of the vehicle and onto the pavement. Barber accelerated out of the parking lot onto West Lake Mead Boulevard before turning southbound on North Rancho Drive. Officer Thomas entered his patrol vehicle and followed Barber out of the parking lot and southbound on North Rancho Drive out of camera view. Ana approached Riner’s vehicle and entered the rear passenger seat. Riner drove the vehicle toward the east side of the Rancho Mart when the camera footage ended. Clip 2 – Interior Front Door Video depicted the Chevy Malibu parked just outside of the business doors. Riner and Heath exited the vehicle and Riner approached the business doors. The camera footage ended. Clip 3 – Interior Front Door Video depicted the continuation of Clip 2. Heath entered the business and stayed in the lobby area near the door. Through the front doors, Riner could be seen lifting the hood of the Malibu and tampering with the engine. Ana exited the rear passenger door of the Malibu. Riner and Ana had a conversation in front of the business doors, and Heath eventually exited the business. Riner, Ana and Heath walked out of camera view together. Camera footage ended. Clip 4 – Exterior Parking Lot View (Facing West Lake Mead Boulevard) Video depicted a different camera view of the events described in the above clips. There was no additional information obtained from this camera angle then previously described.



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Ideal Foods – 3718 Vegas Drive The video depicts the view from Camera 5 which was mounted on the building and faced the parking lot and Vegas Drive. The video showed Ideal Foods owner Nicole Rivers and Ideal Foods chef Bernard Barchie as they quickly moved between parked cars and look toward the right (west). Barber entered the camera frame from the lower right and could be seen holding a revolver in her right hand. As Barber continued running, she paused behind the engine block area of a gold in color GMC SUV, pointed the revolver and appeared to fire in a westerly direction. Barber continued running southbound through the parking lot towards Vegas Drive, pointed the revolver and appeared to fire again in a westerly direction. While running, a bullet impact could be seen in the wall next to Barber from a round fired by Officer Vidal. Barber exited the parking lot, entered the travel lanes of Vegas Drive and began running in a southeast direction. As traffic stopped, Barber could be seen firing the revolver in a westerly direction. A muzzle flash could be seen from the revolver as it was discharged. Barber continued running eastbound on Vegas Drive and out of camera view. There were no other exterior cameras on the business. The video did not show the initial contact between Officer Vidal or Barber or Officer Vidal’s actions. Wildfire Casino – 1901 North Rancho Drive Through multiple cameras, the video depicted Ana and Heath walk through the parking lot of the Wildfire Casino and enter the business. The video showed Ana detained by two LVMPD patrol officers in what appeared to be a hallway within the business. Heath was not shown being detained by patrol officers. The video did not show anything related to the officer involved shooting. XII. PERSONS CONTACTED The following persons were contacted reference their knowledge of the facts and circumstances related to the incident: LVMPD Officers/Personnel Sergeant Jessica Wert Date of hire: -06 Area of assignment: BAC Squad: BA32 Call sign: Shift hours: 14:00 - 01:00 Days off: Sunday / Monday / Tuesday Provided an audio recorded interview of the PSS



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Officer Dylan Thomas Date of hire: -14 Area of assignment: BAC Squad: BA32 Call sign: Vehicle: BA10352 Shift hours: 14:00 - 00:00 Days off: Sunday / Monday / Tuesday Witness officer; provided an audio recorded interview Civilians Tracey Ana DOB: -79 SSN: Address: 1830 North Buffalo Drive Las Vegas, NV 89128 Phone number: Witness; provided an audio recorded interview Bernard Barchie DOB: -62 SSN: Address: 1785 Castro Heel Avenue Henderson, NV 89012 Phone number: Employer: Ideal Foods Occupation: Executive Chef / COO Witness; provided a written voluntary statement as well as an audio recorded interview Amber Daub DOB: -93 SSN: Address: 2218 Quinton Avenue North Las Vegas, NV 89032 Phone number: Employer: 24/7 Automated Storage Occupation: Front Office Shift hours: 09:00 – 18:00 Days off: Saturday / Sunday Witness; provided an audio recorded interview



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Carolyn Heath DOB: -63 SSN: Address: 1910 Ferrell Street Las Vegas, NV Phone number: Witness; provided an audio recorded interview Mario Jimenez DOB: -86 SSN: Address: 2219 North Rancho Drive Las Vegas, NV 89108 Phone number: Witness; provided an audio recorded interview Victor Martin DOB: -92 Address: 1655 Sunset Drive Las Vegas, NV 89108 Phone number: Employer: M&M Texture Occupation: Painter Shift hours: 06:00 – 15:00 Days off: Sunday Witness; provided an audio recorded interview Roni McLemore DOB: -1955 SSN: Address: 1408 Pyramid Drive Las Vegas, NV 89108 Phone number: Employer: Retired Witness; provided an audio recorded interview Carlos Reyes-Martin DOB: -2001 NV OLN: Address: 1920 Alwill Street #A Las Vegas, NV 89106 Phone number: Occupation: Student Witness; provided an audio recorded interview



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Charlene Riner DOB: -76 SSN: Address: 730 Oakmont Street Las Vegas, NV 89109 Phone number: Witness; provided an audio recorded interview Nicole Rivers DOB: -82 SSN: Address: 9404 Fontain Blue Drive Las Vegas, NV 89145 Phone number: Employer: Ideal Foods Occupation: Owner Witness; provided a written voluntary statement as well as an audio recorded interview XIII. INVESTIGATION Involved Officer Officer Luis Vidal

Per LVMPD Policy 6/002.04, Post Use of Force Procedures, an involved officer may provide a recorded statement to FIT investigators. If given, involved officer statements are taken at least 48 hours after the incident unless waived by the involved officer.

Lieutenant O’Brien contacted Officer Vidal on 06-01-17, at approximately 0902 hours, Officer Vidal respectfully declined to provide a statement to FIT.

Witness Officers Officer Dylan Thomas On 05-31-17, at approximately 1955 hours, Detective Jex conducted an audio recorded interview with Officer Thomas at the intersection of Pyramid Drive and Vegas Drive. Also present for the interview was PPA representative Scott Nicholas. Below is a summary of the interview; for complete details refer to the interview transcript. Officer Thomas was clearing from another call when a possible stolen vehicle call was broadcasted. Officer Thomas assigned himself to the call and went en route to the area of Lake Mead Boulevard and Rancho Drive to the Rancho Mart gas station. When he arrived, Officer Thomas observed a white Chevrolet parked at the gas pumps and a white female adult [Charlene Riner] pumping gas into the car. The Chevrolet was reported by a security guard at the Budget Suites as possibly being stolen. Upon his arrival, Officer Thomas observed a green Dodge Neon parked nearby occupied by two black female adults [Arvella Barber and Tracey Ana]. Ana was partially outside of the Neon on the passenger side.



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Officer Thomas activated his lights and pulled up to the vehicles in an attempt to make contact with the subjects. The Dodge Neon left the parking lot at a high rate of speed. Officer Thomas observed Ana fall out of the vehicle as it left and was concerned for her safety. Officer Thomas believed the occupants to be related to the possible stolen vehicle. Officer Thomas activated his lights and siren, called for a Code Red and followed the Dodge Neon. Officer Thomas attempted to stop the Neon, however the Neon took off at a high rate of speed. Officer Thomas stated he did not pursue the vehicle and shut down his lights and siren. Officer Thomas lost the Dodge Neon in a neighborhood and attempted to locate the vehicle. At Hillpath Trail and Sunset Drive, Officer Thomas located the Dodge Neon unoccupied. Officer Thomas observed Barber running away from the vehicle westbound on Sunset Drive and broadcasted her description over the radio. Officer Thomas heard Officer Vidal arrive near Vegas Drive and Sunset Drive and attempt a person stop on Barber. Officer Thomas stayed with the Neon. A short time later, Officer Thomas heard gunshots, and Officer Vidal broadcasted shots were fired and he had been hit. Officer Thomas drove to the area of Officer Vidal’s stop. As he arrived Officer Thomas observed Officer Vidal lying in the street at the corner of Vegas Drive and Sunset Drive. Officer Thomas believed Officer Vidal had been shot and was injured. Officer Thomas got to Officer Vidal and pulled him from the street. Officer Thomas assessed Officer Vidal’s injuries. Officer Thomas found only minor injuries and no gunshot wounds. Officer Thomas observed Barber running down the street and directed arriving officers to her location where Barber was taken into custody. Officer Thomas Keller On 05-31-17, at approximately 2230 hours, Detective Jex conducted an audio recorded interview with Officer Keller at the intersection of Silverlake Drive and Vegas Drive. Also present for the interview was PPA representative Steve Grammas. Below is a summary of the interview; for complete details refer to the interview transcript. Officer Keller responded to a call of a possible stolen vehicle. Officer Keller heard Officer Vidal broadcast shots had been fired and Officer Vidal believed he had been shot. Officer Keller arrived in the area of Vegas Drive and Sunset Drive and observed Officer Thomas rendering aid to Officer Vidal. Officer Thomas directed him eastbound on Vegas Drive in the direction the female [Arvella Barber]. Officer Keller turned southbound on Silverlake Drive and observed Barber walking from west to east across the street. Officer Keller observed Barber holding a small frame handgun in her right hand. Officer Keller stopped his vehicle and exited, as Barber crossed the street. Barber turned toward Officer Keller and pointed the handgun at him. Officer Keller did not fire at Barber due his firearm being blocked from being behind the patrol car door, and the “A” pillar of his vehicle.



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Barber turned and quickly walked into the backyard of the residence at 3625 Vegas Drive where Officer Keller was unable to see her. Officer Keller moved slowly and tactically to see into the backyard as Barber quickly walked out onto the sidewalk with her hands up. Officer Keller took Barber into custody. Officer Keller stated his BWC was activated during the incident. Witness Civilians Amber Daub On 05-31-17, at approximately 1756 hours, Detective Leavitt conducted an audio recorded interview with Amber Daub at 3851 Vegas Drive. Also present for the interview was Susan Roberts. Below is a summary of the interview; for complete details refer to the interview transcript. Amber Daub was at 24/7 Automated Storage where she is employed. Daub exited the front office of the business to check on a noise coming from the outside. When she made her way onto Vegas Drive she did not observe anything against the building that would have made the noise. As Daub turned to go back toward the office she observed a police vehicle east of her location and heard three gunshots. Once Daub heard the gunshots she observed a police officer, [Officer Vidal] at the intersection to her east fall to the ground. She did not see any other people in the area and believed Officer Vidal was shot by somebody south of his location. Daub called 9-1-1 as she observed additional police officers immediately respond. Nicole Rivers On 05-31-17, at approximately 1927 hours, Detective Leavitt conducted an audio recorded interview with Nicole Rivers at 3718 Vegas Drive. Below is a summary of the interview; for complete details refer to the interview transcript. Nicole Rivers had exited her business with a co-worker [Bernard Barchie] when they heard somebody yell. Rivers looked to the west toward Sunset Drive and observed a police officer [Officer Vidal] and an unknown African-American woman [Arvella Barber]. Officer Vidal gave commands for Barber to get down on the ground, which she ignored. Rivers heard Officer Vidal’s voice raise as he yelled for her to “Take your hands out of the bag.” Rivers observed Barber remove her hand from her purse holding a gun. Barber pointed, and fired the handgun at Officer Vidal who returned fire. Rivers and Barchie moved to find cover between vehicles in the parking lot as Barber and Officer Vidal fired their weapons at each other. Rivers observed Barber run south through the parking lot as she continued to fire at Officer Vidal. After the gunfire stopped, Rivers observed Officer Vidal and his handgun lying on the ground. Rivers believed Officer Vidal had been shot.



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Mario Jimenez On 05-31-17, at approximately 1928 hours, Detective Colon conducted an audio recorded interview with Mario Jimenez at 2219 North Rancho Road. Below is a summary of the interview; for complete details refer to the interview transcript. Jimenez works as a security guard for the Budget Suites at 2219 North Rancho Road. While patrolling the southwest part of the complex he observed two vehicles backed into parking spots. A white Chevrolet Impala occupied by a white female [Charlene Riner] in the driver’s seat and a black female [Carolyn Heath] in the passenger seat. The second vehicle was a green Dodge Neon with two black females [Arvella Barber and Tracey Ana] in the driver and passenger seat. Jimenez believed it looked suspicious because the Impala’s hood was open. Jimenez advised all the subjects to leave the property if they were not guests. The subjects advised they were not guests and left the complex as Jimenez wrote down the vehicles’ license plates. Jimenez called 911 and advised he thought the cars may be stolen. Jimenez observed both cars leave the complex and pull into the Rancho Mart gas station across the street at 2151 North Rancho Road. Jimenez observed an LVMPD patrol vehicle pull into the Rancho Mart gas station as well. Jimenez observed Ana attempt to exit the Neon when the vehicle quickly backed up striking Ana. The Neon exited southbound on Rancho Road. Riner, the driver of the Impala entered the mini mart shortly before returning to the Impala. The Impala left the area of the gas pumps and appeared to go behind the gas station. Jimenez continued to watch the area until more patrol units arrived. Charlene Riner On 05-31-17, at approximately 1958 hours, Detective Colon conducted an audio recorded interview with Charlene Riner at 2151 North Rancho Road. Below is a summary of the interview; for complete details refer to the interview transcript. At the time of the interview detectives did not know the extent of the involvement of Charlene Riner as it pertained to the officer involved shooting or possible stolen vehicles. Riner was advised of her Miranda rights to which she stated she understood and wanted to speak to Detective Colon. Riner was at a friend’s apartment when she was approached by two unknown black females [Carolyn Heath and Tracey Ana] who offered her three dollars for a ride to a storage facility close by. Riner agreed to give the females a ride and while driving toward the storage facility one of the females told her to pull into the Budget Suites at Lake Mead Boulevard and Rancho Road. The female advised she had to pick something up from a friend. Riner pulled into the Budget Suites parking lot and parked her vehicle next to a green Dodge Neon as instructed by the female. Riner observed an unknown black female [Arvella Barber] in



Event: 170531-2847


the driver’s seat of the Neon. Riner exited her vehicle, lifted the hood of her white Malibu and disconnected the battery cable. According to Riner, the vehicle’s battery would drain if she did not do this every time she parked the vehicle. A short time later they were told to leave by security at which time she reconnected her battery cable and drove across the street to the Rancho Mart gas station to get gas with the money she obtained from her passengers. The Neon also travelled to the gas station. As Riner exited her vehicle, she observed an LVMPD patrol car pull into the gas station. The Neon backed up, hitting Ana and exited southbound on Rancho Road. Riner claimed she did not know why the Neon was evading the police. Riner, Heath and Ana re-entered the Malibu and Heath and Ana told her to leave. Riner was afraid of Heath and Ana so she parked the vehicle and exited on foot to get rid of them. At the conclusion of the interview, during a consensual search of the Malibu, detectives recovered a title and bill of sale to the Malibu in the name of Charlene Riner. Roni McLemore On 05-31-17, at approximately 2025 hours, Detective Jex conducted an audio recorded interview with Roni McLemore at the intersection of Pyramid Drive and Vegas Drive. Below is a summary of the interview; for complete details refer to the interview transcript. McLemore was in his residence watching television and heard three or four loud bangs and believed them to be gunshots. McLemore went into his backyard and looked over the fence onto Vegas Drive. McLemore observed Officer Vidal laying in the street at the corner of Vegas Drive and Sunset Drive and believed he had been shot. McLemore observed Officer Thomas arrive and render first aid to Officer Vidal. McLemore watched as Officer Thomas took Officer Vidal’s gun belt and shirt off. McLemore saw a dark spot on the vest of Officer Vidal and believed Officer Vidal had been shot in the chest. McLemore did not see any suspects in the area. McLemore stated he had video surveillance on the outside of his residence. Upon review of the video the only cameras that were operational were those facing the front of the residence that did not capture any of the incident. Victor Martin On 05-31-17, at approximately 2048 hours, Detective Leavitt conducted an audio recorded interview with Victor Martin at 1655 Sunset Drive. Below is a summary of the interview; for complete details refer to the interview transcript. Victor Martin was at his residence on Sunset Drive when an unknown African-American female [Arvella Barber] knocked on his door. Martin opened the front door to his residence but had a closed and locked security door between Barber and himself. Barber asked to come into the residence while she waited for a ride from a friend. Martin told Barber she could not enter his residence. Martin felt Barber was suspicious, seemed nervous, was speaking quickly and was



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sweating. Barber attempted to open the security door but could not since it was locked. Barber ran away from Martin's residence in a hurried manner. Martin described the running as if somebody was chasing her, but he did not see any other people around. After Martin closed the door he heard approximately six gunshots. Martin looked outside, south toward Vegas Drive but did not see Barber. Martin did see a police officer [Officer Vidal] lying on the ground. Carlos Reyes-Martin On 05-31-17, at approximately 2111 hours, Detective Jex conducted an audio recorded interview with Carlos Reyes-Martin at the intersection of Pyramid Drive and Vegas Drive. Below is a summary of the interview; for complete details refer to the interview transcript. Reyes-Martin was in his vehicle at the intersection of Pyramid Drive and Vegas Drive waiting to make a right turn when he observed a marked LVMPD patrol vehicle arrive in the intersection. Reyes-Martin observed a black female adult [Arvella Barber] across the street near a business and an officer [Officer Vidal] exit his vehicle and attempt to talk to Barber. As Officer Vidal exited his vehicle he drew his handgun. At the same time Barber reached into her purse and pulled out a gun. Reyes-Martin heard three or four gunshots but did not know who fired the shots. Reyes-Martin also observed Officer Vidal immediately fall to the ground and believed he had been shot. Reyes-Martin saw Barber run down the street eastbound. Reyes-Martin stated he became scared and quickly turned right and drove down the street. He did not see any other people except for Barber. Tracey Ana On 05-31-17, at approximately 2200 hours, Detectives Colon and Leavitt conducted an audio recorded interview with Tracey Ana at 1901 North Rancho Road. Below is a summary of the interview; for complete details refer to the interview transcript. Ana was walking through an apartment complex when she saw an unknown white female [Charlene Riner] getting in to a car. Ana asked her for a ride to her storage facility. An unknown black female [Carolyn Heath] also asked for a ride. On the way to the facility, Ana received a call from a friend [Arvella Barber] who goes by “Big Meech.” Barber asked Ana to meet her at Budget Suites at Lake Mead Boulevard and Rancho Road to give her an unknown item. Ana asked Riner to stop at the Budget Suites to which she complied. Upon arrival at the Budget Suites, Ana saw Barber sitting in a green Dodge Neon. As Ana was making contact with Barber, a security guard made them leave the complex. Both cars left the complex, with Ana riding in the front passenger seat of Barber’s Neon.



Event: 170531-2847


Barber pulled up next to a gas pump and the police arrived shortly thereafter. The officer told them to exit the vehicle. As Ana exited the vehicle, Barber backed up and accidently hit her. Barber then drove south on Rancho Road. Ana entered the Malibu with Riner and Heath. Riner drove around the gas station and parked. Ana and Heath walked south on Rancho Road. Ana was contacted by police officers at the Wildfire Casino. Ana stated she knows Barber from Arizona. Ana described Barber as an angry person who tries to act tougher than she is. Ana also mentioned Barber stated some guys were mad at her about a stolen gun. Ana was not sure about the details when asked to explain. Carolyn Heath On 05-31-17, at approximately 2242 hours, Detective Leavitt conducted an audio recorded interview with Heath at 1811 Willow Trail. Also present for the interview was Detective Colon. Below is a summary of the interview; for complete details refer to the interview transcript. Heath got a ride from a white woman [Charlene Riner] she only knew by the name of “Rhonda.” Another acquaintance [Tracey Ana] was also with them and the three were going to go to a storage unit together. Before they went to the storage unit, Ana needed to meet with a female known to Heath as “Michelle.” Heath believed Michelle [Arvella Barber] was dating Tracey's brother and they met her at the Budget Suites near Rancho Drive and Vegas Drive. When they arrived at the Budget Suites, Ana got out of Riner's vehicle which was a white car and climbed into a green vehicle with Barber. The security guard for the property approached their vehicles and informed them they had to leave the property if they were not residents. Heath stayed in Riner's vehicle and Ana stayed in Barber's vehicle as they crossed the street to the Rancho Mart gas station. When they got to the gas station Riner put $3 worth of gas into her vehicle which Heath had given her. Heath heard somebody yell to "get out of the car" but didn't know who it was that yelled at them. Heath observed the green car as it "zoomed" away. Heath did not believe that Ana was still in the car and only saw Barber. Heath did not know why Barber left, or why she would run from the police. Bernard Barchie On 06-01-17, at approximately 1510 hours, Detective Leavitt conducted an audio recorded interview with Bernard Barchie at 3817 Vegas Drive. Also present for the interview was Detective Jex. Below is a summary of the interview; for complete details refer to the interview transcript. Barchie exited his place of business with a co-worker [Nicole Rivers] when he observed a police car pull up alongside of the business. He then heard the officer [Officer Vidal] yell at somebody to get down. A female [Barber] came into his view and he heard Officer Vidal yell for Barber to get her hands out of her bag. Barber stepped behind a palm tree which is on the property of Barchie's business. Barchie observed Barber pull a handgun from her purse, point it at Officer Vidal and fire. Officer Vidal was approximately eight feet from Barber when she



Event: 170531-2847


fired at him. Officer Vidal and Barber fired at each other as Barchie and Rivers took cover between vehicles. Barber moved east in the parking lot as Barber and Officer Vidal continued to fire at each other. Barber reached Vegas Drive and moved south across the road as she continued to fire at Officer Vidal. As Barber crossed the street, Barchie turned and observed Officer Vidal on the ground. XIV. TIMELINE The below timeline is a reconstruction of events which transpired on Wednesday, 05-31-17 in relation to the non-fatal officer-involved shooting that occurred at Vegas Drive and Sunset Drive.

Time

(hours) Description of Event/Action Source

05-31-17

1611:22

Mario Jiminez calls 911 to report a stolen motor vehicle from 2219 North Rancho Drive. Vehicle is described as a white Chevy Impala, NV/48E750 with a White Female Adult (WFA) driver and Black Female Adult (BFA) passenger.

Computer Aided Dispatch (CAD)

1611:56 3W1 [Officer Thomas] is en route to the call. CAD 1612:26 3W [Officer Vidal] is en route to the call. CAD 1613:13 Jiminez stated the vehicle was in the parking lot of a

gas station a Lake Mead/Rancho. Jiminez states he saw forced entry into the vehicle.

CAD

1614:05 Jiminez states the white vehicle is being followed by a green Dodge Neon, IN/326LER which is occupied by two BFA’s.

CAD

1616:45 Officer Thomas arrives at the gas station and makes contact with both vehicles.

Surveillance Video – Rancho Mart

1617:11 Green Dodge Neon flees the parking lot and drives southbound on North Rancho Drive.

Surveillance Video – Rancho Mart

1617:29 Officer Thomas requests a Code Red as the vehicle is eastbound on Coran. Negative pursuit.

CAD

1619:37 Officer Thomas states the vehicle is a green Neon and is driving recklessly. The Neon is located unoccupied at Mountain Trail and Sunset.

CAD

1620:16 Officer Vidal advises he was is on a female [Arvella Barber]. Officer Vidal described Barber and stated she is running.

CAD

1620:33 Officer Vidal broadcast shots fired. CAD 1620:51 Officer Vidal broadcast he is shot. CAD 1621:44 Jiminez recalled and states the remaining females left

the Impala at the gas station and are walking southbound on North Rancho Drive.

CAD



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1623:19 3W2 [Officer Keller] advises Barber is in custody at Silver Lake and Vegas Drive.

CAD

1634:18 AIR2 sees two BFA’s [Tracey Ana and Carolyn Heath] walking into the Wildfire Casino.

CAD

1637:35 Ana is detained by patrol officers at the Wildfire Casino.

CAD

1640:07 Heath is detained by patrol officers west of the Wildfire Casino.

CAD

1657:30 OIS occurred at Sunset/Vegas. Barber was taken into custody at Silverlake/Vegas. Per Officer Keller, Barber shot at Officer Vidal who returned fire.

CAD

1702:03 Officer Keller stated Barber was taken into custody to the rear of 3625 Vegas Drive.

CAD

1728:36 PD123 [Detective Ubbens] arrived at Rancho Mart and located the Chevy Impala.

CAD

1753:19 VIN is covered up on the Chevy Impala. VIPER detectives arrived at Rancho Mart.

CAD

06-01-17

0215

Barber is booked into Clark County Detention Center. CAD

XV. FORENSICS REQUESTS/RESULTS On 06-06-17 an LVMPD Forensic Laboratory Request was submitted for firearm comparisons, firearm function tests and DNA comparisons by Detective Penny. DNA Examination On 06-06-17 an LVMPD Forensic Laboratory Request was submitted for DNA comparison to the Charter Arms revolver and the 2000 Dodge Neon. On 08-03-17 Forensic Scientist Allison Rubino, P# 14784, submitted the Report of Examination Biology/DNA Forensic Casework. The following results appear in italics:

Lab Item# Impound Pkg # Impound Item # Description

Item 3 012712-5 6 Swab from the textured surfaces of a revolver

Item 10 015291 - 3 4 Swab from the steering wheel of V1

Item 11 5 Swab from the gear shift of V1

Item 12 6 Swab from the key in the ignition of V1

Item 13 006042- 1 1 Reference Standard from Arvella Barber



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DNA Results and Conclusions: Item 3, Item 10, Item 11, Item 12 and Item 13 were subjected to PCR amplification at the following STR genetic loci: TH01, D3S1358,vVVA,D21S11, TPOX, DYS391, D1S1656, D12S391,SE33,D10S1248,D22S1045, D19S433, D8S1179, D2S1338, D2S441, D18S51, FGA, D16S539, CSF1 PO, D13S317, D5S818, and D7S820. The sex-determining Amelogenin locus was also examined. Lab Item 3 The DNA profile obtained from the swab from the textured surfaces of a revolver (Item 3) is consistent with a mixture with at least one contributor being male. Assuming the mixture originated from three contributors, the major DNA profile is consistent with a single unknown male individual (Male #1). ArvelIa Barber (Item 13) is excluded as a possible contributor to the major DNA profile. Due to the limited data available, no conclusions can be made regarding the minor component. Lab Item 10 The DNA profile obtained from the swab from the steering wheel of V1 (Item 10) is consistent with a mixture with at least one contributor being male. Assuming the mixture originated from three contributors, the major DNA profile is consistent with ArvelIa Barber (Item 13). The probability of randomly selecting an unrelated individual from the general population having a DNA profile that is consistent with the major DNA profile obtained from the evidence sample is approximately 1 in 1.87 nonillion (1.87 x 1030). Male #1 (refer to Item 3) is excluded as a possible contributor to the major DNA profile. Due to the complex data available, no conclusions can be made regarding the other contributors to this mixture at this time. Lab Item 11 The DNA profile obtained from the swab from the gear shift of V1 (Item 11) is consistent with a mixture of at least four contributors with at least one being male. Due to the complex data available, no additional conclusions can be made regarding this mixture DNA profile at this time. Lab Item 12 The DNA profile obtained from the swab from the key in the ignition of V1 (Item 12) is consistent with a mixture of at least three contributors with at least one being male. Due to the limited data available, no additional conclusions can be made regarding this mixture DNA profile. Statistical probabilities were calculated using the recommendations of the National Research Council (NRC II) utilizing the NIST database (Hill, C. R., Duewer, D.L., Kline, M.C., Coble, M.D., Butler, J.M. (2013) U.S. population data for 29 autosomal STR loci. Forensic Sci. Int. Genet. 7: e82-e83). The probability that has been reported is the most conservative value obtained from the US Caucasian (CAU), African American (BLK), and Hispanic (HSP) population databases. These numbers are an estimation for which a deviation of approximately +/- 10-fold may exist. All random match probabilities, combined probability of inclusions/exclusions, and likelihood ratios calculated by the LVMPD are truncated to three significant figures.



Event: 170531-2847


For comparison purposes, please collect reference buccal swab(s) from individuals believed to be involved in (or who have had reasonable access to) this incident. When a reference buccal swab is obtained, please submit a Forensic Laboratory Request in Property Connect to complete the case. The evidence is returned to secure storage. Firearms Examinations On 06-06-17 an LVMPD Forensic Laboratory Request was submitted on the involved officer’s and suspect’s firearms for a function test and ballistic comparison evidence. On 07-10-17 Forensic Scientist Roy Wilcox, P# 15651, submitted the Firearms & Tool Marks Report. The following results which appear in italics: Lab Item # Impound Pkg # Impound Item # Description 1 013766-5 29 One Springfield model XDM 9mm Luger

caliber semiautomatic pistol, serial number , and one attached flashlight

2 012712-2 3 One Charter Arms model Undercover .38 Special caliber five shot revolver, serial number

4 013766-1 3 One "SPEER" 9mm Luger+P cartridge case



7 013766-4 19 One bullet 8 013766-4 21 One bullet 9 013766-4 24 One bullet fragment

14 013766-5 29A One magazine

Results and Conclusions:

Firearms The Springfield pistol was examined, test fired and found to be operational with no noted malfunctions. This pistol was determined to have a barrel length of approximately 4 5/8 inches, an overall length of approximately 7 15/16 inches and 8 3/4 inches with the flashlight attached, and a trigger pull of 5 1/4 - 5 1/2 pounds. The submitted magazine fits and functions in this pistol and has a capacity of nineteen cartridges. The Charter Arms revolver was examined, test fired and found to be operational with no noted malfunctions. This firearm was determined to have a barrel length of approximately 2 inches, an overall length of approximately 6 7/8 inches, and trigger pulls of 3 1/4 - 3 3/4 pounds in single action and 9 1/4 - 9 3/4 pounds in double action.



Event: 170531-2847


Cartridge Cases and Bullets The evidence and test fired cartridge cases were examined and microscopically inter-compared. Based on these examinations, the following was determined:

• The cartridge cases (Lab Items 4, 5 and 6) were identified as having been fired in the Springfield pistol.

The evidence and test fired bullets were examined and microscopically inter-compared. Based on these examinations, the following was determined:

• One bullet (Lab Item 7) shares similar general rifling characteristics with the test fired bullets from the Springfield pistol; however, due to damage, it could not be identified or eliminated as having been fired from this pistol. This bullet was not fired from the Charter Arms revolver.

• One bullet fragment (Lab Item 9) shares limited general rifling characteristics with the test fired bullets from the Charter Arms revolver; however, due to damage, it could not be identified or eliminated as having been fired from this revolver.

This bullet was not fired from the Springfield pistol. One bullet (Lab Item 8) was eliminated as having been fired from either of the submitted firearms. This bullet has a construction which is consistent with .40 caliber, to include .40 S&W and 10mm Auto cartridges. Some of the more commonly encountered firearms manufactured with similar rifling characteristics include, but are not necessarily limited to, some models of pistols and revolvers made by Charter Arms and Smith & Wesson. The evidence is returned to secure storage.

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