Slain man was silent during shootout with cops

Bryan Keith Day never said a word to officers before he shot one of them three times — including once in the face — with a pellet gun.

And he never said anything to Las Vegas police as he lay dying afterward.

Day, 36, was shot and killed Saturday when officers returned fire in Metro's sixth officer-involved shooting of the year. It was the third one this month alone.

Three officers had gone about 6:15 p.m. to investigate a reported home invasion next door to Day's second-floor unit at Oasis Ridge Apartments, 3040 E. Charleston Blvd. in Las Vegas, Assistant Sheriff Todd Fasulo said during a Thursday press conference. Someone had been beaten with a pool cue in the home invasion.

Day came out of his apartment and was told by officers Keith McIntyre and Christopher Gowens to go back inside, because the balcony was a crime scene, Fasulo said. Day stood silent, staring blankly at the officers before heading back into his apartment after several more commands by officers.

Fasulo said Day was not involved in the home-invasion investigation in any way.

About a minute later, Fasulo said, Day came out again and tucked a gun into his waistband. It looked like a real gun at the time, though they would later learn it was a pellet gun.

Gowens saw this, Fasulo said, and ordered Day to "show his hands."

But Day had other intentions.

"Day turned away from officers, quickly drew the gun from his waistband and fired at McIntyre, striking him in the face," Fasulo said.

McIntyre was hit just below his right eye and twice in the chest, Fasulo said. He suffered a cut just below his eye and was treated and released from University Medical Center.

All three officers, including officer John Squeo who was near the bottom of the stairs, fired on Day, who dropped to the floor.

But, Fasulo said, Day continued to "track McIntyre with his handgun as McIntyre moved down the stairs." Gowens and Squeo, who were now positioned below Day's balcony, continued to fire. The officers fired a third volley of rounds when Day pointed the gun at arriving officers, Fasulo said.

The three officers fired total of 59 rounds, police said. Day was hit 13 times.

Day eventually stopped moving, Fasulo said. He was pronounced dead at the scene, still holding the gun.

Police said Day had at least four aliases and had been charged with battery of a police officer in the past. Court records show convictions dating back to 1999. Those include counts of battery, battery by a prisoner, burglary, and conspiracy to commit burglary and robbery.

Contact reporter Colton Lochhead at clochhead@reviewjournal.com or 702-383-4638. Find him on Twitter: @ColtonLochhead.