SLAIN SUSPECT: No word on police shooting
Department won't discuss why detectives shot handcuffed teen
Las Vegas police on Tuesday wouldn't answer questions about whether department policies had been followed during Saturday morning's arrest and subsequent fatal shooting of a teenage homicide suspect.
Two detectives shot handcuffed 17-year-old Swuave D. Lopez in the back after he got out of the passenger seat of a detective's car and ran.
A police spokesman said details of the shooting and the officers' handling of the case will come out during two hearings: the first in public on June 9, and the second behind closed doors shortly thereafter.
"I know everybody wants answers right now, but that's not the way things happen," Deputy Chief Greg McCurdy said. "In criminal cases, sometimes it's a couple of years before everything comes out. This will be weeks. We will tell the community what happened and why."
A national expert on officer-involved shootings stated that from what he has read of the case, the detective's actions seemed to fall within the guidelines of state and federal law. Whether the detectives complied with the department's policies are another matter, he said.
Just before shooting Lopez, Detectives Ken Hardy and Shane Womack had arrested him in connection with the shooting death of 18-year-old Kyle Staheli, whose burned, bullet-riddled body was found in the desert in the northeast valley Saturday morning, police said.
Police said it was the first time that either Hardy or Womack had shot a suspect.
Hardy has been with the department since 1986, and Womack has been an officer since 1999. Police said neither Hardy nor Womack has had any use-of-force complaints filed against him.
The determination of whether their shooting of Lopez was legal will be made at a coroner's inquest, McCurdy said.
At that proceeding, open to the public, prosecutors present witnesses and a coroner's jury of seven citizens determines if the use of deadly force was justifiable, excusable or criminal.
According to Nevada Revised Statute 171.1455, a police officer can, after giving a warning, "if feasible," use deadly force to prevent an escape if there is probable cause to believe the person "has committed a felony which involves the infliction or threat of serious bodily harm or the use of deadly force" or "poses a threat of serious bodily harm to the officer or to others."
The law was passed by the Legislature in 1993, sponsored by Assemblymen Wendell Williams and Morse Arberry, both Las Vegas Democrats.
Before the 1993 update, Nevada law allowed a police officer to use deadly force on a fleeing felon whether or not there was a threat of danger to an officer or the public. That law had its roots in English Common Law, which dated from a time when most felonies were punishable by death, therefore anyone arrested for a felony would be expected to fight to death resisting.
In 1985, the U.S. Supreme Court ruled in Tennessee v. Garner that laws broadly allowing police to use deadly force during any felony arrest were unconstitutional. That case involved a Memphis police officer who shot and killed a 14-year-old burglary suspect who was attempting to flee by climbing a fence.
"The use of deadly force to prevent the escape of all felony suspects, whatever the circumstances, is constitutionally unreasonable," the high court held in Tennessee v. Garner. However, "if the suspect threatens the officer with a weapon or there is probable cause to believe that he has committed a crime involving the infliction or threatened infliction of serious physical harm, deadly force may be used if necessary to prevent escape, and if, where feasible, some warning has been given."
According to the Nevada Judiciary committee minutes from 1993, Williams argued for changes in Nevada law to bring it into line with the Supreme Court ruling.
David Klinger, an associate professor of criminology at the University of Missouri at St. Louis and an expert in officer-involved shootings, said Saturday's slaying appears to fall with in guidelines set by the Supreme Court.
Before teaching at the university level, Klinger served three years in law enforcement, including two years with the Los Angeles Police Department, where he was involved in the fatal shooting of an assailant.
Klinger said Saturday's shooting does not fit the classic notion of a justified police shooting where an officer has a "perceived threat of imminent death," a hostage situation, or where someone, usually a youth, points a fake gun or similar looking object at an officer.
"The question is going to be: Was it necessary to use deadly force to effect this arrest?" Klinger said.
Klinger said just because Lopez was handcuffed doesn't mean he wasn't a threat. He said handcuffed suspects often escape or cause bodily harm to police officers.
"It does happen on a regular basis," Klinger said. "We know people who are handcuffed can escape and they can kill people."
Those are some of the issues that coroner's inquest is expected to consider.
Questions about whether the two detectives followed department policies in the case will be hashed out by a use-of-force review board and their superior officers, police said.
In such use-of-force reviews, three officers and four citizens meet behind closed doors within about three weeks of the coroner's inquest and determine if officers broke department policy.
If the panel rules officers violated policy, they make a recommendation to the sheriff for possible discipline against the officers.
The department's internal policy manual gives officers only brief direction in how to deal with fleeing suspects in a section titled "Escape of Prisoner."
"In the event of a prisoner escape, the transporting officer will notify Communications and attempt to recapture the prisoner," the policy states. "The officer may request additional units to establish a perimeter and/or conduct a search, taking into consideration the original charge for which the prisoner was in custody and the level of threat to citizens in the area."
The four-sentence section does not broach how handcuffed suspects should be pursued or state when it is appropriate to shoot at a fleeing suspect.
The Police Department's general use-of-force policy is more detailed, mandating that officers use the minimal amount of force necessary to bring situations under control.
"Members are to fire their weapons only to stop and incapacitate an assailant from completing a potentially deadly act," the policy states.
The manual does not address whether it is appropriate to shoot at a handcuffed suspect.
However, it states that officers are not allowed to use their "low-lethality" weapons, such as Tasers that stun with an electrical charge or shotguns that stun with beanbag rounds, against suspects in handcuffs.
McCurdy, commander of the division to which the two detectives are assigned, said it would be inappropriate to say whether their actions fell within police policy before a use-of-force review board investigates the incident.
"Right now, everybody needs to catch their breath," McCurdy said. "People need to be respectful of our processes."
it states that officers are not allowed to use their "low-lethality" weapons, such as Tasers that stun with an electrical charge or shotguns that stun with beanbag rounds, against suspects in handcuffs.
wtf so its ok to shoot him with bullets to kill him!!!!!!!!!!!