Metro officer is cleared in man’s shooting death

Jen Lawson

Monday, June 13, 2005 | 9:48 a.m.

A Metro Police officer was cleared of any wrongdoing Friday in the May 15 shooting death of a 24-year-old man who allegedly grabbed the officer's baton in a struggle outside a northeast Las Vegas market.

After about three hours of testimony, the coroner's inquest jury took 12 minutes to unanimously decide that Officer Robert Chamberlin's actions were excusable in connection with the shooting of Leopoldo Tijerina near the Liborio market on Lamb Boulevard near Washington Avenue.

Ricardo Rivera, who lives behind the market, testified through a translator that Tijerina had threatened him and waved a corn cob like a weapon at him and others.

"He looked drugged, like he didn't know what he was doing," Rivera testified.

Tijerina walked into the parking lot of the market and threatened to beat several people, shoved a woman's shopping cart and tried to break into a pickup truck, setting off the car alarm, market employees testified.

Employees locked the door so he couldn't get inside and called police.

Chamberlin arrived at the market and found Tijerina talking to himself and gesturing, and ignored Chamberlin when he spoke to him, the officer said.

Tijerina walked away from Chamberlin and didn't stop, Chamberlin said. The officer pulled out his Taser gun and fired at him, but one of the prongs became lodged in Tijerina's pants and the other missed him.

Chamberlin said he didn't want to let Tijerina walk away because he had been "very aggressive toward the customers and I felt he was a danger to the public and the immediate area."

The dart, attached to the Taser gun by thin 21-foot wires, remained in Tijerina's clothing and as he began to run from Chamberlin, the officer pulled the trigger several more times hoping to deliver a 50,000 volt shock, but was unsuccessful, he said.

Tijerina ran into Lamb Boulevard, then abruptly turned and began charging at Chamberlin, the officer said. He allegedly grabbed the wire and yanked it, pulling the Taser gun out of Chamberlin's hand.

Chamberlin hit him on the upper torso with his expandable baton as he bent down to pick up the Taser but the blows had no visible effect on Tijerina, Chamberlin said.

Tijerina dropped it and grabbed Chamberlin's baton.

"He brought the tip over his shoulder," Chamberlin said. "I thought he was going to hit me with the baton and I drew my firearm."

Chamberlin fired 14 shots, hitting Tijerina seven times in the thighs. One shot in the right thigh broke his femur, tore a large artery and caused massive bleeding, a medical examiner testified.

"The police officer acted in self-defense," witness Juan Jose Gonzalez, an employee of the market, said.

Off-duty SWAT Officer Douglas Ericcson happened to be driving down Lamb when he heard the shots and ran to help Chamberlin.

Ericsson said Tijerina continued to thrash around as he went in and out of consciousness, and he handcuffed him as they waited for paramedics.

Chamberlin said that if he hadn't shot Tijerina, "I think I would have been injured or killed."

Toxicology tests showed Tijerina had methamphetamine and traces of marijuana in his system when he died, a medical examiner said.