Video captures deadly officer-involved shooting near Red Rock - FOX5 Vegas - KVVU

Video captures deadly officer-involved shooting near Red Rock

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The Las Vegas Review-Journal on Monday made available to FOX5 motorist-captured cell phone video that depicts a deadly police shooting near Red Rock Conservation Area, as well as the moments leading up to it.

The shooting happened Friday about 12:15 p.m. at mile marker 15 on State Route 159.

According to Nevada Highway Patrol Trooper Loy Hixson, another trooper and two Bureau of Land Management rangers were sent to the area after a man was seen walking along the road.

Hixson said the call first came in after a few bicyclists called police saying the man was attacking them.

The Clark County Coroner's Office on Sunday identified D'Andre Berghardt Jr. as the man killed.

Viewers can hear the motorists who videotaped the event discussing the events unfolding before them, with officers attempting to detain Berghardt. At one point it appears Berghardt attempts to get into a police vehicle. It was then that an officer or officers fired on him, killing him.

At one point, one of the motorists asks, "Why don't they just cuff him and be done with it?"

When Berghardt approached a police vehicle, a motorist exclaims, "He's getting in the cop car!"

When the shooting occurs, a motorist says, "Oh my God - they just shot him. They just killed the dude. [Expletive], they just killed him."

The other motorist then says, "You know what's ridiculous about this is, they never grabbed him. They could have grabbed him. They kept letting him get up."

The other motorist then says, "There was a gun in that Highway Patrol car. They probably thought he was gonna get it."

FOX5 on Monday had retired Metro Officer Randy Sutton analyze the video.

"If he has access to a firearm, or could get into the vehicles and take off with that firearm, then he has to be stopped," Sutton said.

Sutton said the video appears to show Bureau of Land Management rangers using minimal force, including the deployment of some sort of chemical spray.

While the men who shot the video speculate as to why police were unable to detain Berghardt, Sutton said that people watching from afar would be unable to see what negotiations, if any, were taking place.

"If he said, ‘I have a gun, and don't come near me,' then that makes a totally different dynamic in their situation," said Sutton.

Sutton said that while the confrontation could have ended differently, when Berghardt got into the NHP vehicle with a weapon inside, the stakes were raised dramatically.

"The officers that are on the scene, they fire until the threat is neutralized, until there is no more threat. People who have had numerous impacts with bullets entering their body can still continue to move, can still continue to be a threat, even though there had been multiple shots fired," he said.

Sutton stressed that the video doesn't tell the entire story. Until an investigation, which includes interviews and the collection of physical evidence, is complete, Sutton said a judgment about the officers' actions should not be made.

For more information on this story, visit the Las Vegas Review-Journal.

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