Board clears 11 officers in gunfight

Keith Paul

Friday, March 22, 2002 | 9:32 a.m.

Two Metro Police Use of Force Boards on Thursday determined 11 officers were within department guidelines when they collectively fired 152 shots during a gunfight in November.

The boards -- one ruling on five officers, the other on six officers -- voted unanimously to clear the officers of any wrongdoing in regard to the department's use of force policy, Deputy Chief Ray Flynn said. The hearing lasted nearly seven hours and each board deliberated separately.

"The officers said they stopped (the suspect's) car and were shouting commands for 30 seconds before the shooting started," Flynn said. "There was a video from a security camera in a Subway (sandwich shop) across the street that shows the police lights for about 30 seconds and then shrapnel coming through the window."

The 11 officers cleared by the boards are: patrol officers Eric Barros, Christopher O'Brien, Gregory Watkins, Paul McCullough, William Pollock, Jason Jennings, Jason Hansen and Ryan Buff; traffic Officer Tony McCleery; and Detectives Todd Richter and Joseph Herring.

Police found eight shell casings from fired bullets and a gun inside Harry Kondiles' car. Kondiles, 37, who was shot 22 times, survived his wounds and is in the Clark County jail facing a variety of charges, including attempted murder.

Three Repeat Offender Program detectives were cleared earlier this month by a Use of Force Board in connection with a shooting with the same suspect prior to the gunfight.

The ROP detectives were trying to apprehend Kondiles on outstanding warrants about 11:30 p.m. on Nov. 29 in the area of Buffalo Drive and Hickman Avenue. He is accused of ramming their unmarked police cars with his car and firing shots at them. The detectives then fired at him.

Kondiles escaped in the car and other detectives and patrol officers started chasing Kondiles as he drove around northwest Las Vegas streets. Police said Kondiles shot at pursuing patrol officers during the 20-minute high-speed chase before he crashed into a wall.

Officers say they then ordered him out of the car. Kondiles is accused of yelling obscenities at the officers, trying to ram police cars and then firing at the officers. The 11 officers then fired a total of 152 shots before pulling Kondiles from the car.

Metro's Use of Force Board, made up of four civilians and three officers, reviews officers' actions when someone is killed or seriously hurt by an officer or whenever an officer fires a gun at a person. The board determines if the officers acted within department guidelines.

Earlier this month the board ruled rookie Officer Chris Holmes violated the deadly force policy when he fired a second blast from a shotgun at a suspect fleeing in a car after it was already past him and another officer.

Sheriff Jerry Keller said the officer would get a written reprimand and undergo retraining. In 2000, the board ruled three separate shootings violated policy and Keller ordered every officer in the department to undergo four hours of training.

In 2001 there were 17 Use of Force Board hearings and in each case, the board ruled the officers acted within the guidelines.