Coroner’s inquest: Officer justified in fatal shooting

Jen Lawson

Friday, May 23, 2003 | 10:08 a.m.

A Clark County coroner's inquest jury ruled unanimously Thursday that a Metro Police officer was justified in shooting an intoxicated man who allegedly tried to hit him with a golf club last month.

Officer Jason Bressler, 25, was cleared of any wrongdoing in the April 18 shooting death of sushi chef Jon Kenji Fukumoto, 39, at The Pointes apartment complex near Decatur Boulevard and Flamingo Road.

In a shaky voice, Bressler told the jury that he ordered Fukumoto to drop the golf club, but Fukumoto charged toward him.

"He drew the golf club high over his head and turned his body as if he was going to hit me," Bressler said. "I was on the stairs and there was no way for me to advance, retreat or move side to side, and I shot him."

Bressler, a police officer for about 18 months, arrived at the apartment complex around 3 a.m. April 18 after Maria Perez reported that a man was banging on her second-floor apartment door and trying to turn the door knob.

When Bressler arrived, he found Fukumoto passed out on the ground. His blood-alcohol level was 0.26, a lab test revealed later.

Bressler said he nudged Fukumoto awake and patted him down for weapons. Another officer arrived, but he left a short time later to investigate an unrelated domestic disturbance call.

Bressler checked Fukumoto's driver license and began walking him to his own apartment, which was 150 to 200 yards away. As they walked, Bressler said, Fukumoto asked, "Who are you, Metro?"

"He extended his hand and introduced himself as Kenji," he said.

When they reached his second-floor apartment, Fukumoto said he didn't have his keys and began kicking the door. Nick Desulovich, an apartment complex security guard who guided Bressler through the maze-like, 400-unit complex, testified that Fukumoto jumped in the air and kicked the door with both his feet, which he called "a Jackie Chan move."

Bressler asked Desulovich to get a pass key. Fukumoto kept kicking the door, Bressler said.

"I told (Fukumoto) if he didn't stop kicking the door, I'd handcuff him until maintenance got there with a key," Bressler said. "He deliberately kicked the door again like he was taunting me."

Bressler threatened to spray him with pepper spray, and Fukumoto calmed down, he said. Then Fukumoto found his key, which he was wearing on a tether around his neck.

Fukumoto allegedly asked Bressler to come inside. Bressler said he declined and started to walk down the stairs to leave. Bressler testified he then heard a metal clanging noise, which he thought might be a firearm, and he turned around.

"I thought I was going to get into a gun fight," he said. "A second later, he jumped out of his apartment and had a golf club in his hand."

Bressler, who said he was on the second or third stair from the top, told Fukumoto to drop the golf club, which a crime scene analyst said was a six-iron.

Richard Tassinari, who lived in the apartment directly across from Fukumoto, testified that through his peephole he saw Fukumoto holding the golf club like a baseball bat.

"It happened so fast. It was like that," he said, snapping his fingers. "He went into a full swing with the golf club, and the next thing I know I hear a gunshot and I'm like, 'Oh, no.' "

Bressler said he shot him once in the chest with his .40-caliber semi-automatic handgun, and Fukumoto fell. He was about eight feet from him when he fired the shot, he said.

Tassinari said he opened his door and asked if there was anything he could do. Bressler testified he didn't have any gloves, so Tassinari ran into his apartment and grabbed some plastic bags. Bressler said he looked at Fukumoto's chest and covered the wound with a bag.

"Several times I told him to keep breathing and the ambulance was on their way," Bressler said.

Dan Bowman, a chief deputy district attorney, asked Bressler what would have happened if he hadn't shot Fukumoto.

"I believe he would have hit me," Bressler said, adding he was afraid.

The jury of four men and three women went into the deliberation room at 12:15 p.m., returned to to the courtroom 30 minutes later and said they all agreed the shooting was a justifiable homicide.