Officer wounds 2 in alleged robbery attempt

Keith Paul and Jace Radke

Friday, Nov. 17, 2000 | 11:17 a.m.

An off-duty Metro Police officer shot and wounded two men who allegedly tried to rob him and another off-duty officer Thursday night while they were playing pool in a garage.

Chester Johnson, 18, was listed in serious condition this morning at University Medical Center with gunshots in the legs and head. Antonio Mitchell, who was treated and released from Lake Mead Hospital with a gunshot wound in the arm, was booked into the Clark County jail on charges of attempted robbery with a deadly weapon, burglary and conspiracy. Johnson was booked in absentia on the same charges.

Johnson and Mitchell are accused of entering the garage of one of the police officer's home in the 5400 block of Coleman Street in North Las Vegas about 8 p.m. Thursday. The two men had their faces covered and were carrying handguns, Capt. Greg Jolley said.

One of the gunmen is accused of walking up behind one of the two officers, who were not in uniform, putting a gun to his head and demanding money.

"The officer didn't realize the man was in the garage until the robbery started," Jolley said. "The officer started to struggle with (the suspect)."

The other officer pulled his gun and fired shots. Johnson was struck several time. Mitchell was struck in the arm before he ran from the garage, police said.

Mitchell was later apprehended in Lake Mead Hospital where he went for treatment of his wound. He apparently told hospital staff he was the victim of a drive-by shooting.

A semi-automatic handgun found in the garage is believed to be the weapon Johnson allegedly used in the holdup attempt.

Jolley, as per Metro policy, will not release the names of the officers involved until 48 hours after the shooting.

Metro officers are allowed to carry weapons when off duty, but are not required to do so, according to Metro's policy manual.

The shooting occurred in North Las Vegas, but Metro will be investigating the incident. The two departments have an agreement that officer-involved shootings will be investigated by the officer's department regardless of what city the shooting happens in, North Las Vegas Lt. Art Redcay said.

Both officers are on paid administrative leave pending the outcome of the investigation. The entire case -- the attempted armed robbery and the shooting -- will be submitted to prosecutors.

Clark County District Attorney Stewart Bell said Nevada law allows a homeowner "to use deadly force when you are in reasonable fear of suffering death or grievous bodily harm."

On July 18, a homeowner in the 3200 block of South Tenaya Way got into a shootout with an armed intruder found in his house in the early morning hours. The 60-year-old homeowner fired several shots as did the intruder. The intruder, Chay Stevens, 20, was killed and the resident was not injured.

Prosecutors did not file charges against the homeowner saying the shooting was justified as self defense.

However, Thomas Gaule was convicted of voluntary manslaughter for shooting an intruder who he had chased for 300 yards after two men broke into his house in October 1998. Gaule also shot the second intruder, but that man was shot at the front door and Gaule's action was ruled as self defense. Both of the intruders were accused of attacking Gaule with stun guns and beating him with their fists.

Gaule was sentenced to probation and 60 hours of community service.

Bells said residents must be in reasonable fear and once an intruder runs away, that fear is past.

"If someone comes into your house wearing a mask and has a gun and you are able to get to a gun and fire, that would be reasonable self defense," Bell said. "Any citizen in that kind of situation would most likely be in reasonable fear for their safety."