Officers cleared in inquest

Karen Zekan

Tuesday, March 23, 1999 | 11:23 a.m.

A seven-person jury has concluded that two Metro policemen were justified in using lethal force against Frank Leavitt last month when he pointed a gun at them, the Clark County coroner's office has reported. Leavitt was killed when the officers fired.

The coroner's inquest, held Friday in District Court, included testimony from Officers Troy D'Ambrosio, 32, and Dean Mills, 34, who were involved in the fatal shooting. D'Ambrosio has been with the department 6 1/2 years, and Mills a Las Vegas officer for five years.

D'Ambrosio, Mills and a third officer arrived at Leavitt's home in the 6600 block of Delphinium Avenue in northwest Las Vegas after dispatchers received a 12:15 p.m. call that a man and woman at the address were fighting.

The caller had claimed to be reporting the fight on behalf of the woman's 15-year-old daughter. Police were told that Leavitt, 43, had a gun in the residence and was known to have shot the weapon through the ceiling in the past.

Lt. Greg Jolley said the officers found Leavitt in a bedroom with a gun in his hand, periodically pointing the weapon at his head. Police were attempting to talk Leavitt into putting the firearm down when he instead pointed at them, Jolley said. Leavitt was pronounced dead at the scene.

No officer has been found guilty of criminal negligence by a coroner's inquest since 1976, according to Coroner Ron Flud.

Since 1976 there have been 84 inquests.