Police wonder why teen got out of car with toy gun

Keith Paul

Wednesday, Feb. 28, 2001 | 11:19 a.m.

Police still did not know today why a 16-year-old was in a stolen car at a high school he didn't attend Tuesday morning and why he got out of the car with a toy gun in his hand when confronted by an officer.

The North Las Vegas Police officer who pulled over Billy Finks saw the gun in his hand and ordered him to drop it, police say. When the teen didn't drop the gun, the officer fired two shots, one hitting Finks in the chest and killing him. A 15-year-old passenger, who was charged as a juvenile with possession of a stolen vehicle, was not injured.

"At this point we don't know why they were at Cheyenne High School when the passenger said they were Western High School students," Lt. Art Redcay, a department spokesman, said this morning. "We have no idea why he had the (toy) gun and why he would get out of the car with it."

The 23-year-old officer who shot the 10th grader heard the broadcast of the stolen car over the police radio and spotted the car. He followed the car without turning on his police lights, officials said. Finks drove the car at normal speeds, turned down Roberta Lane off Decatur Boulevard about 8:50 a.m. Tuesday and stopped at a dead end.

The officer ordered Finks and the passenger to stay in the car, but both got out. The officer wanted to wait until backup officers arrived before getting the pair out of the car, Redcay said.

Finks had the silver replica gun in his hand and turned toward the officer, police said.

"You have a split second to make a decision if it's a weapon," Chief Joey Tillmon said. "A young man, about to start the prime of his life, has his life taken away because of a choice he made. It's just a tragedy."

The shooting occurred in front of Brian Trujillo's house. He came out after hearing several "pops" and seeing the police. The toy gun was on the ground next to Finks' body.

"It looked like a .22 (caliber) handgun," Trujillo said. "You couldn't tell it wasn't real from 10 feet away. You would have to be real close to it to tell it wasn't real. I don't blame the officer one bit."

A Clark County coroner's inquest jury will determine if the officer's actions were criminal, excusable or justified. The officer, who has been on the department for a year, is on paid administrative leave pending the outcome of the inquest. His name will not be released until 48 hours after the shooting as per department policy.

Finks and the stolen car first drew officers' attention about 8:30 a.m. Tuesday in the parking lot of Cheyenne High School, where they had gone after receiving a tip of possible gang activity.

A man on a bicycle rode up to officers and reported a brown car had run him off the road and just pulled into the parking lot.

An officer checked a sheet of stolen cars and determined the car was stolen Monday in Las Vegas. The driver then pulled the car out of the school's parking lot, and the officer broadcasted the description of the car and its direction over the police radio.

About 20 minutes later the fatal encounter occurred between the officer and Finks.

Teens, younger kids and adults with toy or replica guns have been killed by officers all over the country.

In a case that drew national attention, a Los Angeles Police officer shot and killed television actor Anthony Dwain Lee on Oct. 28 after police say the man pointed a replica handgun at the officer. Lee was at a Halloween costume party when officers were called to the house over complaints of noise.

In 1992 federal regulations required all toy guns to be marked in such a way they could not be easily confused with a real gun, said Diane Cardinale, a spokeswoman for the Toy Manufacturers of America, an industry organization based in New York City.

Many toys guns now have an orange cap on the end of the barrel. California has tightened regulations, effective Jan. 1, requiring all realistic toy guns to be neon green or neon orange.

Unfortunately the culture in this country makes it reasonable to believe that a teenager could be holding a real gun, said Mary Leigh Blek, the national president of the Million Mom March, organized to prevent gun deaths and injuries.

"I suspect that (the officer's) experience probably made him feel his life was very much in danger," she said. "I certainly sympathize with the officer. He's a victim as well. I feel very sorry for the family because they have lost a son."

Gary Peck, executive director of the American Civil Liberties Union of Nevada, who has been a frequent critic of police investigating themselves, said Tuesday this case is a good example of why North Las Vegas needs an independent review board for police. A Citizen Review Board for the Metro Police started last year.

"Certainly, I'm not going to criticize the actions of the officer based on the information provided, and there may be a good case to be made that the shooting, though tragic, was justifiable," Peck said. "This may be precisely the kind of case an officer would benefit from a truly independent investigation into his actions, because if the officer deserves to be exonerated, such a determination would then have credibility."