NLV officer cleared in shooting of man armed with pellet gun

By Pashtana Usufzy

Tuesday, Feb. 17, 2015 | 6:30 p.m.

The actions of a North Las Vegas Police officer who fatally shot a 34-year-old man carrying a pellet gun in July were "reasonable and legally justified," the Clark County District Attorney's Office said today.

Kenneth Alan Johnson died after pointing a replica Colt Defender .45-caliber handgun at Officer Robert Makinster in the early morning of July 18 during a foot pursuit, according to a use-of-force report from the District Attorney's Office.

Police were making a traffic stop just after 1:30 a.m. near Camino Al Norte and Ann Road when Johnson, who was driving a stolen moped, refused to pull over before abandoning the vehicle at a residence and fleeing on foot, the District Attorney's Office said.

He abandoned a brown backpack containing a BB gun, a computer and other items, and he attempted to escape officers by jumping walls and going through the backyards of homes in a nearby neighborhood, the report said.

An officer who saw Johnson during the pursuit reported that he was clutching something, possibly a gun, in his waistband, the report said.

Makinster found Johnson hiding under a vehicle on a residential driveway in the 700 block of Dry Valley Avenue, and when the officer ordered him to show his hands, Johnson fled, the District Attorney's Office said.

The officer drew a Taser and chased Johnson, commanding him to stop, the office said.

During the pursuit near Revere Street, police said Johnson held an item in his right hand, which he brought to his head, yelling, “Don’t make me do it! Don’t make me do it!”

Makinster then drew his gun, at which point police say Johnson pointed the pellet gun in the officer's direction, and Makinster fired multiple rounds.

Johnson, who was hit seven times, was transported to University Medical Center, where he died about 4:40 a.m.

“Although the weapon was later determined to be a pellet gun, Mr. Johnson’s actions of running from police, holding the weapon to his own head and saying ‘Don’t make me do it’ and then pointing the gun at the officer all indicated that he was carrying a real gun and had every intention of using it to harm the officer," District Attorney Steve Wolfson said in a statement.

An autopsy found Johnson had a toxic/lethal level of methamphetamine in his system, according to the use-of-force report.

He also had multiple prior felony convictions including one for burglary and not stopping for a police officer, the report said. His license had been suspended since 2009, officials said.

With the information currently available, the District Attorney's Office said, "no criminal prosecution of the officer is appropriate."

There were no reported citizen witnesses to the shooting, the report said.

A Police Fatality Public Fact-Finding Review was conducted Jan. 30.