HENDERSON POLICE DEPARTMENT

HPD 0076
ADMINISTRATIVE REPORT
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Officer Name / P#: Division: Patrol CASE #: IA2015-070

Officer Paul Baldino #1997
Officer Ronald Feola #1383
Sgt. Michael Gillis #651
Date / Time of Occurrence: 6-07-15/1805 hours Duty Status: On-Duty

Investigator(s): Athena Dezell #848

Allegations/Complaint

It is alleged Officer Baldino, Officer Feola and Sgt. Gillis failed to utilize MAV while responding to a
call for service. It is further alleged Sgt. Gillis struck the subject with the stock end of his less than
lethal rifle and failed to document it in his use of force report.

Investigative Summary:

On 6-07-15, as reported under DR#15-09330, Officers Owens, Feola, Baldino and Sgt. Gillis responded
to an irate suicidal male subject, Lawrence List, threatening to kill a female, identified as Jenny List, at
33 Emerald Dunes. Upon arrival, and as the situation evolved, Sgt. Gillis and Officer Baldino were
involved in a physical altercation with Mr. List; including deploying a 37MM less lethal sock round into
Mr. List’s upper torso area and taking him face-down to the ground to handcuff. Officer Brown arrived
shortly after the scene was stabilized and wrote the subsequent police report.

While reviewing use of force reports, it was discovered Officers Baldino, Feola and Sgt. Gillis did not
have Mobile Audio Video (MAV) available for this incident. It was further discovered Officer
Baldino’s supervisor, Sgt. Christopher Smith, issued Officer Baldino a Supplemental Performance
Evaluation Report (191A) for his failure to activate his MAV on this incident.

During his interview, Sgt. Smith explained Officer Baldino is normally assigned to him but, due to
manning issues, worked for Sgt. Gillis on 6-07-15. While assigned to Sgt. Gillis, Officer Baldino was
involved in a use of force, completed a supplemental report and blue team (use of force report) and
submitted them to Sgt. Smith for approval. As Sgt. Smith was reviewing the reports, he attempted to
review MAV and discovered Officer Baldino did not have MAV during the call.

Sgt. Smith advised he spoke with Officer Baldino who stated he forgot to activate his MAV while on the
call. Sgt. Smith explained the importance of following policy and encouraged Officer Baldino to
develop a pattern that would ensure he activated it accordingly. He also issued Officer Baldino a 191A
because he has failed to utilize MAV in the past.

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Sgt. Smith further reported he asked Officer Baldino to explain to him the use of force on this incident.
Officer Baldino told Sgt. Smith that Mr. List was trying to force the door shut as he and Sgt. Gillis were
trying to force it open. Sgt. Gillis shot Mr. List with less than lethal and they gained entry. As they
were struggling with Mr. List, Sgt. Gillis struck Mr. List with the stock of the less lethal rifle and
accidentally hit Officer Baldino with it as well. Sgt. Smith asked Officer Baldino if he was injured and
he said he was not.

A review of Officer Brown’s report revealed a Verizon Wireless Agent (Verizon) called police to report
they were on the phone with Mr. List and overheard him threaten to kill Mrs. List. Mr. List was also
verbally abusive and berating toward Verizon. Mrs. List was able to get the phone from Mr. List and
provide verbal updates to Verizon; which were then relayed to the police. Mrs. List told Verizon that
Mr. List was not doing anything to harm her but had retrieved a hunting knife and was “waving the knife
around like an over aged Boy Scout”. Mrs. List told Mr. List the police had been called and Mr. List
responded, “If the police come tonight. I am going to end my life.”

Upon officers’ arrival, they requested Mrs. List exit the residence. Mrs. List existed via the garage at the
front of the residence and made contact with officers in the driveway. While officers were speaking
with Mrs. List, Mr. List exited the residence via the exterior front door. Sgt. Gillis repeatedly requested
Mr. List walk toward him and show his hands but Mr. List did not comply. He yelled he was going to
kill Mrs. List and the officers. Sgt. Gillis ordered Mr. List to stop and speak with officers. According to
the report, Mr. List responded, “Fuck you! I’m going back inside”. Mr. List turned and ran back toward
the open exterior door.

 For ease of understanding, the reader should know the lay out of this particular residence. It is a
one story residence with a casita in the front of the residence connected to the garage with a
roofed walkway. The casita protrudes from the front of the residence. The front exterior door to
the residence is recessed and is located between the casita and the two car garage. The front
exterior door opens to a short hallway formed by one wall of the casita and one wall of the
garage; which has two windows. The hallway opens to an enclosed courtyard.

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Front view of residence View from interior toward street

Officer Brown’s report further documented Officer Baldino and Sgt. Gillis unsuccessfully attempted to
intercept Mr. List before he could reach the front exterior door. Mr. List entered the courtyard and shut
the exterior front door. Officer Baldino and Sgt. Gillis attempted to enter through the exterior front door
but Mr. List was using his body weight to keep the door shut. Officer Baldino attempted to kick the
door open as Sgt. Gillis gave verbal commands for Mr. List to show his hands or he would be shot with
less than lethal. Officer Baldino and Sgt. Gillis were able to push the door open enough to see Mr. List.
Sgt. Gillis deployed a 37MM less lethal sock round into Mr. List’s upper torso area. They were then
able to force the door open and arrest him.

Officer Baldino’s supplemental report is consistent with Officer Brown’s. It further details Officer
Baldino and Sgt. Gillis were able to breach the door and gain entry. Mr. List continued to defy officers’
commands and kept his hands in his waistband while twisting his body back and forth. Officer Baldino
punched Mr. List in the ribs; which caused him to flinch forward. Officer Baldino grabbed Mr. List by
the back of the neck and upper shoulders and forced him downward onto the pavement. Mr. List kept
resisting by tucking his arms under himself. Officer Baldino and Sgt. Gillis each pulled an arm out from
under Mr. List and successfully handcuffed him.

Sgt. Gillis’s supplemental report is somewhat consistent with Officer Baldino’s report. Sgt. Gillis
reported he and Officer Baldino struggled to get through the front door as Mr. List was pushing on it
from the other side. Sgt. Gillis warned Mr. List he would shoot him with less than lethal and then fired
one round approximately 5-7 feet away from Mr. List, hitting him in the left torso area. Mr. List was
stunned for a moment but continued to resist. Officer Baldino and Sgt. Gillis each grabbed one of
Lawrence’s arms, directed him to the ground and placed him in handcuffs.

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Sgt. Gillis’s supplemental also documented he activated his MAV on the call but, at the conclusion of
the call, discovered MAV was not active.

 A review of the police report completed by Officer Brown, as well as the supplemental reports
completed by Officer Baldino and Sgt. Gillis, revealed no documentation of the less than lethal
rifle being used as an impact weapon or of Officer Baldino or Mr. List being struck with the
stock of the rifle.

During his interview, Officer Baldino advised he did not have MAV for the incident because he forgot
to activate it.

Officer Baldino reported Sgt. Gillis accidently hit him in the back of the head with the stock of the less
lethal rifle as Officer Baldino was taking the subject to the ground to handcuff him. Officer Baldino
explained he didn’t actually see what hit him but assumed it was the stock of the rifle because that’s
what Sgt. Gillis was holding. Officer Baldino further advised he didn’t tell Sgt. Gillis that he had been
hit and did not have any notable injuries from it.

Officer Baldino denied Sgt. Gillis used the stock of the rifle to strike the subject.

During his interview, Officer Feola advised he activated MAV for this call and was not aware there was
no MAV until he was served with notice for this investigation.

 It should be noted, while attempting to locate Officer Feola’s MAV it was discovered he had no
MAV for the six shifts he worked from 5-30-15 through 6-10-15. During those six shifts,
Officer Feola engaged in police activity that should have automatically activated MAV (i.e,
activating overhead lights on a traffic stop) yet there are none; which is consistent with a possible
equipment failure.

Officer Feola reported, when Mr. List ran into the courtyard area, Officer Feola entered the residence via
the open garage door with the intent of circling behind Mr. List. By the time Officer Feola ran through
the residence and out to the courtyard, Mr. List was already face-down on the ground. Officer Feola did
not see anyone get hit with the stock of the less than lethal rifle. Officer Feola did recalled Officer
Bladino state that Sgt. Gillis hit him during the incident but Officer Baldino didn’t elaborate on how or
where he had been hit and Officer Feola didn’t ask.

During his interview, Officer Owens also denied seeing anyone get hit with the less than lethal rifle.
Officer Owens had MAV for review but there was no audio after the first minute, possibly due to the
fact Officer Owens parked a considerable distance away from the target location.

During his interview, Sgt. Gillis advised he believed he activated his MAV and was not aware it had not
recorded until the conclusion of the call. When officers were sent to the call for service, Sgt. Gillis was

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assisting with traffic control on an accident scene. He activated his overhead lights to pull away from
the location; which caused an automatic activation of MAV. As Sgt. Gillis drove toward the call under
review, he turned off his MAV. Sgt. Gillis explained he turned off his MAV while en-route to the call
because it was a significant distance from his location and he didn’t feel it was necessary to record his
driving time. Sgt. Gillis advised when he arrived at the call location, he activate his MAV, via the
switch on his microphone, and believed it was recording.

Sgt. Gillis explained after he discharged the less than lethal rifle and gained entry with Officer Baldino,
they struggled with Mr. List in the narrow hallway leading to the courtyard. Mr. List was backed
against the garage wall and flailing his arms. Sgt. Gillis attempted to use his less than lethal rifle as a
baton and slip it between Mr. List’s ribs and arm in an attempt to get him in an arm bar. As Sgt. Gillis
was doing this, Officer Baldino grabbed Mr. List and spun him away from Sgt. Gillis. Sgt. Gillis then
grabbed one of Mr. List’s arms in an arm bar while Officer Baldino grabbed the other arm and they
directed him to the ground. Sgt. Gillis advised (time mark 48:55) he didn’t document his attempt to
utilize his rifle to put Mr. Lawrence in an arm bar because the rifle never actually touched Mr. Lawrence
and he didn’t consider it a use of force.

Sgt. Gillis denied striking Mr. List or Officer Baldino with the stock of the less than lethal rifle or using
his less than lethal rifle as an impact weapon at any time. Sgt. Gillis further advised he was not aware
Officer Baldino had been hit during the struggle with Mr. List and was surprised Officer Baldino didn’t
tell him. Sgt. Gillis noted it wouldn’t be unusual for an officer to get accidentally hit or pepper sprayed
during a struggle with a suspect.

There are no previously related investigations, involving Officer Baldino, Officer Feola or Sgt. Gillis
within the last 3 years.

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The aforementioned incident(s) may be a violation of the following:

Henderson Police Department Policy Manual:

DPM1094 Code of Conduct: Violations not listed elsewhere (Class 3)

DP4463.3.1 Required Activation of MAV:

 It is alleged Officer Feola, Officer Baldino and Sgt. Gillis did not activate their MAV for
this call.

DP300.5 Reporting Compliance techniques:

 It is alleged Sgt. Gillis used his less than lethal rifle as an impact weapon and failed to
accurately document it in his reports.

To the best of my knowledge and belief, all entries made herein are true and impartial.

INVESTIGATOR: Athena Dezell #848 DATE: 8-26-15

HPD 0076 City of Henderson, NV Revised: 12/22/2010