Man shot by police denies he struggled with officer

Keith Paul

Friday, May 26, 2000 | 10:07 a.m.

A man shot by a North Las Vegas Police officer denies he struggled with the officer, claiming he was shot in the hip and the buttock while lying on the ground unarmed, his attorney said.

Celso Paz Lopez was shot on March 11 by Officer Dave Acosta in the 2600 block of Soledad Way. That much is agreed on by both sides. But from there the versions of events differ.

At the time of the shooting police released a statement saying Acosta said he fired his 9mm machine gun after 31-year-old Paz Lopez grabbed the gun.

But Justin Clouser, Paz Lopez's attorney, says his client has said he was complying with the officer's orders and was on the ground when he was shot.

"He was on the ground with his hands behind his back, and the next thing he feels is a sharp, stinging and burning sensation in his hip and (buttocks)," Clouser said. "He said 'I did what they told me. If I didn't do what they told me, why haven't I been arrested?' "

Paz Lopez has not been charged, and North Las Vegas City Attorney Sean McGowan said the man doesn't face any criminal charges.

Acosta would not talk specifically about the shooting or about Paz Lopez's version of events, but he said the entire situation should be considered when making a judgment about his actions.

"People had been calling for 20 minutes saying shots were being fired everywhere. As police officers, we have to make split-second decisions," said Acosta, an officer for eight years with the department. "It's unfortunate that this man had to be shot. I don't want to shoot anyone. No police officer wants to shoot people."

Police were called to the 2600 block of Soledad Way about 12:10 a.m. on March 11 after several calls of gunshots being fired. Officers heard several shots being fired when they pulled up to the location and called for backup. Acosta was one of the SWAT officers who responded, police said.

Three men came out of the house. One went into the back yard. Two others -- one being Paz Lopez -- went out into the street, police said. According to police, Paz Lopez refused to comply with officers and grabbed Acosta's gun.

Police found about 45 spent shell casings in the back yard and recovered a handgun and two rifles. Police also found cases of partially consumed beer.

On May 12, before Chief Joey Tillmon announced whether any discipline would be imposed, Acosta resigned from the department. Police would not release any information from the use-of-force board inquiry or the internal investigation, saying they had been directed by McGowan not to comment.

A police use-of-force board reviewed the shooting and passed its findings on to the Internal Affairs department. McGowan would not release any information on the findings of the board or the Internal Affairs investigation, saying it was a personnel matter.

"The shooting board's findings led to this becoming a personnel matter over whether or not there should be some disciplinary action," McGowan said.

Acosta said he had been planning on leaving the department later this year and did not resign because of the shooting or the internal investigation. Since officers are put on routine leave with pay after shootings, he found himself just sitting around and decided it was a good time to move on.

"I'm not worried about what people think about me, but about the other (North Las Vegas Police) officers," he said. "They have a very tough job, and everything they do is to help and protect people. Anyone can Monday-morning quarterback those split-second decisions. We're trying our best out there."

For the city, the matter didn't end with Acosta's resignation. Clouser said he has spoken with McGowan trying to resolve several issues, including payments for Paz Lopez's medical bills, which total more than $50,000.

No lawsuit has been filed in connection with the shooting, but Clouser said all involved would "like this to be resolved as quickly as possible." Clouser said there will be more talks with the city over the shooting, and a lawsuit has not been ruled out if an agreement cannot be reached.

Paz Lopez has not recovered from his wounds. He faces at least one more surgery and requires a colostomy bag. He still does not know if all of the damage can be repaired, Clouser said.

"We don't want to drag the North Las Vegas Police through the mud. But we do want (Paz Lopez) to get the medical care he needs," Clouser said. "He's not looking for a handout, but he can't work. He said to me, 'I came to this country to work, and I want to work.' "

But the experience and the way Paz Lopez has been portrayed in the media by the police have left him angry, Clouser said.

"He felt he was wronged. His whole demeanor has changed since this happened," Clouser said. "He wants an apology."