DA’s office declares North Las Vegas police shooting justified

The Clark County district attorney’s office said a North Las Vegas police officer involved in a fatal shooting last summer was justified, according to a report released Tuesday.

On July 18, 2014, officer Robert Makinster shot Kenneth Alan Johnson, 34, after he pointed a pellet gun at the officer during a chase. Johnson died of multiple gunshot wounds at University Medical Center.

The 26-page report was compiled from information gleaned during a public fact-finding review conducted on Jan. 30. The pellet gun was a replica of a Colt Defender .45 caliber handgun, the report said.

Police tried to stop Johnson, who was riding a moped, at 1:32 a.m. on West Ann Road near the intersection at Camino al Norte. He didn’t pull over and after a “slow-speed pursuit,” the man left his moped in a the front yard of a house in the 700 block of Rio Royal Way, police said in July.

Then officers chased Johnson on foot to the 6000 block of Revere Street, about a mile from where police had attempted the traffic stop, police said.

At one point during the chase, an officer warned that Johnson appeared to have a gun in his waistband. Makinster drew his weapon and ordered Johnson to put up his hands, but he ran away from the officer, the report said.

Makinster holstered his firearm and drew his stun gun as he chased Johnson.

Makinster then saw Johnson bring his right hand toward his own head, holding what appeared to be a gun.

“Don’t make me do it! Don’t make me do it!” Johnson told the officer, according to the report.

That’s when Makinster drew his gun again. When Johnson turned toward the officer, the muzzle of his gun pointing toward the officer, Makinster opened fire. He believed he was about to be shot, the report said.

“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,” Clark County District Attorney Steve Wolfson said in a release Tuesday.

Clark County Code mandates public reviews of police shooting deaths. The determination that Makinster acted lawfully is based upon evidence currently available and could be re-examined if new information comes to light, the release said.

Contact Wesley Juhl at wjuhl@reviewjournal.com and 702-383-0391. Find him on Twitter: @WesJuhl.