A newly released police report details a Las Vegas man’s slaying early Sunday as he and his father confronted a burglary suspect in east Las Vegas.
Daniel Garcia III, 25, of Las Vegas, was killed during the confrontation on the 5700 block of Shinyleaf Circle, near South Sloan Lane and East Charleston Boulevard, according to police reports.
An affidavit in support of arrest filed by Las Vegas police detectives indicates Garcia’s father awoke at 6 a.m. Sunday to a noise outside the front of their residence.
“As (the father) looks out front through his window he observes and unknown male inside of his … pickup truck,” the arrest report states. “(The father) then went outside to the vehicle to investigate further.”
Garcia followed his father to the truck.
“As the father got to the truck, a struggle began between him and the suspect who was inside the truck,” the report states.
The father observed the burglar holding a gun wrapped in a blue bandana, then heard a gunshot go off.
“(He) described the shot going off and immediately hearing his son who was still standing behind him yell in pain,” the report states. “The first shot barely missed (the father.)”
A second shot rang out. A struggle continued with the father and the suspect, identified by police in the reports as Smith.
“He struck Smith several times as Smith continued to reach into his pockets … (he) was able to keep the gun away from Smith until officers arrived,” police said.
Garcia was rushed to University Medical Center with a gunshot wound to the abdomen. He died at UMC.
The Clark County coroner’s office said Garcia died from a gunshot wound to the abdomen and his death was ruled a homicide.
Police said family members of the victim held down Smith until police arrived. Smith shot himself in the leg during the struggle, police said. He was treated for a gunshot wound at a hospital and later booked at the Clark County Detention Center.
Police found a .357-caliber revolver at the crime scene as well as a blue bandana. The bandana had two eye holes in it. Near the weapon, police located a wallet which contained a Nevada ID card belonging to Smith.
Smith is scheduled for a 72-hour hearing in Las Vegas Justice Court on Wednesday morning. In addition to the murder charge, he faces felony counts of attempted murder and burglary.
A previous version of this story misidentified the murder suspect. He is Benjamin Smith.