Initial investigation says shooting justified

Keith Paul

Wednesday, Jan. 5, 2000 | 11 a.m.

There was no wrongdoing on the part of a Metro Police narcotics officer who shot a man during an undercover drug buy last week, but the wounded suspect faces the possibility of attempted murder charges, according to a preliminary police investigation.

"The officer was in fear for his life and took appropriate action," Lt. Chris Larotonda, North Las Vegas Police spokesman, said. "He fired the shots basically out of self preservation."

Detective Jeffrey Vialard fired three shots about 8:50 p.m. Wednesday in the parking lot of the Fiesta hotel-casino as he was pulled alongside a minivan driven by 18-year-old Brandon Broyles, North Las Vegas Police said.

Police say Broyles drove off when undercover officers -- who were wearing vests identifying them as police -- tried to arrest the teen and two others inside the minivan. Vialard's hand got tangled in the minivan when he tried to pull out one of the suspects who picked up a shotgun from the minivan's floor, police said.

The investigation is not complete, as investigators have not been able to speak with Broyles yet. The teen has been heavily medicated for the gunshot wounds to his torso and groin area, Larotonda said. Broyles was listed in fair condition this morning at University Medical Center.

North Las Vegas Police investigators are scheduled to give Broyles the opportunity to talk with them on Thursday, Larotonda said.

Since the shooting occurred on the east side of Rancho Drive, it falls inside North Las Vegas city limits and the shooting is being investigated by that city's police department.

No coroner's inquest will be held, as those juries are convened only when someone dies in an officer-involved shooting.

"We still need to go through some things before we send the case to the district attorney's office," Larotonda said. "We spend a little extra time when an officer is involved in a shooting.

"We give officers an awful lot of power when they are on the streets. They make life and death decisions and when they use that power -- even if it is correct -- we want make sure everything is above board," he said.

A decision on what charges to file will be made after the investigation is completed -- some time after Broyles is given a chance to make a statement about the incident, Larotonda said.

North Las Vegas Police didn't charge the two others in the minivan -- 24-year-old Paul Foy Jr. and a 15-year-old boy -- but Metro charged them with drug-related crimes.

While North Las Vegas Police determine if there was any criminal action involved in the shooting, Metro will determine if Vialard's actions were within department policy.

Metro will hold a Use of Force Review Board after the criminal investigation, Officer Laz Chavez, Metro spokesman, said.

The board has six voting members -- a captain, an officer and four citizens. The citizens are chosen from a pool of people who have written to the Fiscal Affairs Committee saying they want to be included, Chavez said.

Vialard, 32, a Metro officer for four years, is on routine administrative leave until the board reviews the incident, Chavez said.

The board will make a recommendation to Sheriff Jerry Keller, who can agree with it, modify it or reverse the decision.

Last week's shooting was the second officer-involved incident in December.

On Dec. 5, Metro Officer Dennis Devitte, who was off duty at the time, shot and killed 19-year-old Emilio Rodriguez during a robbery attempt at Mr. D's sports bar on Rainbow and Oakey boulevards.

Rodriguez was one of three gunmen who burst into the bar. Devitte was shot several times during the gun battle. Five customers inside the crowded bar were shot by the gunmen, Metro Police said.

The two other gunmen fled the car and have not been apprehended.

A coroner's inquest into Rodriguez's death is scheduled for Jan. 13.