DA’s office clears police officers in three fatal shootings

Prosecutors on Monday cleared police officers of any possible criminal charges in three fatal shootings last year.

Clark County District Attorney Steve Wolfson determined Las Vegas police officers acted lawfully in the deaths of Alberto Castillo, 35, Luis Silva, 54, and Rafael "Ralfy" Olivas, 23.

"In each of these three incidents, the police officers tried to resolve the situation using nonlethal weapons such as Tasers and beanbag rounds," Wolfson said in a statement. "However, the suspects refused to comply with the officers' orders and instead took actions that put the officers' lives in danger."

The three decisions were the latest to be released by Wolfson, who began issuing public reviews of police shootings in April because the traditional forum for airing the facts of such fatal encounters - the coroner's inquest - has been stalled for more than 20 months by legal challenges.

Olivas' death on July 14, 2011, sparked public attention after family members accused police of using deadly force before Olivas had attacked or threatened the officers.

Olivas was killed just before 7 a.m. on Firestone Drive, near Buffalo and Westcliff drives, as officers responded to a domestic dispute call at the family's home.

According to witness statements in the prosecutor's report, Olivas had argued with his mother, Alma Chavez, that morning after a night of drinking with friends.

Chavez called 911 about 6 a.m. and told dispatchers her son was "out of control" and was threatening to make police shoot him, the report said.

Olivas can be heard cursing at his mother on the 911 tape, which was transcribed by authorities: "Call the (expletive) police. I am going to kill those mother (expletive) as soon as they (expletive) get here," Olivas said.

He then grabbed a kitchen knife with a 7-inch blade and went outside. He can be heard telling his mother he would stab the police officers who came to stop him, the report said.

Officers confronted Olivas in the middle of a street near his home. One officer shot Olivas four times with a nonlethal beanbag shotgun. When Olivas kept walking, officers Christopher Grivas and David Hager shot and killed him.

Olivas' family filed a wrongful death lawsuit seeking millions of dollars against the department last year.

The family's lawyer, Brent Bryson, said Wolfson's standard was not the same as a jury's.

"We are confident that when a jury weighs the evidence which will be presented during the civil rights trial, that the jury will reach a just and fair result," said Bryson in a statement.

The prosecutor's report notes that a home surveillance video captured part of the incident but was too far away to be useful. Bryson agreed that the video was not definitive.

Both Wolfson and Bryson declined to release the video.

The other shootings cleared by Wolfson's office on Monday created less of a stir in the community, including the May 27, 2011, shooting of Alberto Castillo.

Prosecutors said Castillo was shot after snatching a Taser away from officer Robert Thompson during an early morning scuffle inside Castillo's bedroom at 2917 Theresa Ave., near Washington Avenue and Mojave Road.

Police said last year that Castillo had been holding a pair of scissors to his wife's neck, but the report released Monday said Castillo was sitting on a bed and holding a screwdriver.

Thompson and officer Baudelio Gastelum managed to pull Castillo from his wife and onto the floor and Thompson touch-stunned Castillo's thigh. A third officer aided the two officers but was identified in the report only by his last name, Corbett.

When Castillo pulled the Taser away, Thompson began falling backward and fired eight shots into Castillo's torso, the report said. Castillo died at the scene.

"Not only was there threat of injury from the charged Taser, but there was the potential that the decedent (Castillo) could touch-stun one of the officers and gain possession of a firearm," argued prosecutor Lynn Robinson in her review of the shooting.

Autopsy reports later revealed Castillo had used methamphetamine. His wife told police that Castillo was acting paranoid that morning and seemed to think she was someone else.

Castillo had been charged with several felonies in the past five years, including burglary, drug trafficking and second-offense domestic battery.

The third shooting cleared by prosecutors was the July 5, 2011, death of Luis Silva.

Officers Raymond Novack and Nicole Gonzales responded to a call at 2842 Taurus Court, near Las Vegas Boulevard and Pecos Road, about 11:30 p.m. on July 4.

Officers negotiated with Silva for nearly an hour as the man pleaded for officers to shoot him. Silva spoke to his brother on a cellphone, smoked a cigarette and even shook Novack's hand, later commenting "This is gonna turn out bad, Ray," the report said.

Much of the incident was captured by cameras on the officers' Tasers.

Silva was shot and killed after he pointed the gun at Novack.

Contact reporter Mike Blasky at mblasky@reviewjournal.com or 702-383-0283.