Inquest begins in fatal shooting by cop

Jace Radke

Thursday, June 10, 1999 | 11:49 a.m.

A coroner's inquest into the death of a man fatally shot last month by plainclothes Metro Police officers began today in District Court.

A jury of seven citizens and an alternate were expected to be in court through tomorrow afternoon to hear a Clark County coroner's report on the May 13 slaying of Donald Oswalt, 32.

The jury will determine if the shooting was justifiable, excusable or criminally negligent.

The officers involved in the shooting were Clifford Mogg, 40, who has been with Metro for three years, and Gregory Ziel, 27, a four-year veteran of the department.

The officers arrived at the Britcher Palms Business Center, 6200 S. Industrial Road, at about 2 p.m. on May 13 following an informant's tip that stolen construction equipment would be sold there, police said.

Mogg and Ziel saw Howard Tony DiPietro, 34, of Las Vegas walking through the center's parking lot at about 2:45 p.m. and tried to arrest him on warrants charging him with possession of stolen property, police said.

When approached DiPietro ran to a stolen Ford F-150 pickup driven by Oswalt, police said. One of the officers reached the vehicle before it could drive off and began struggling with DiPietro.

Oswalt angled the truck so that the passenger door began slamming into parked cars, putting the officer struggling between the door and the truck in danger, Capt. Greg Jolley said.

The officer caught on the passenger side of the truck and his partner, who had run up on the driver's side, each fired one shot at Oswalt, police said. One bullet passed through Oswalt's right arm and then entered his chest, killing him.

Oswalt was a four-time convicted felon, while DiPietro is a three-time convicted felon, according to police records.

A rifle and construction equipment were found in the cab of the pickup. The truck was stolen in April, Jolley said.