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Clark County holds public review after DA declines prosecution in shooting death of Javier Flores

November 10, 2025 | Clark County, Nevada


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Clark County holds public review after DA declines prosecution in shooting death of Javier Flores
Clark County held a public fact-finding review after the District Attorney's Office made a preliminary determination that no criminal prosecution of the officers involved in the Dec. 31, 2023, shooting of Javier Flores was appropriate. Chief Deputy District Attorney Elizabeth Mercer presented the state's evidence, and Detective David Wells, the lead North Las Vegas homicide investigator, reviewed 911 calls, body-worn-camera footage and forensic findings.

Wells told the panel that an initial 911 call at 6:57 p.m. from 1304 Putnam Avenue reported Flores pointed a gun at occupants of a vehicle; surveillance video and multiple witness interviews corroborated that Flores arrived intoxicated, brandished firearms and briefly held a young child. A later 911 call at about 7:49 p.m. from 2836 Taylor Avenue reported Flores outside the residence with a firearm and his 9-year-old son in his truck. Wells said officers Cruz, Toler and Walker arrived and that, according to witnesses and the officers' statements, Flores exited his truck, reached toward his waistband and produced a handgun.

"At no point did the decedent acknowledge the officer's commands," Wells summarized, describing officers' accounts that the subject produced a firearm and that each officer perceived a lethal threat. According to the investigator, officers fired in rapid succession; forensic counts and evidence shown at the review matched the body-worn-camera footage and the ammo-count results: six cartridge cases matched Officer Cruz's weapon, ten matched Officer Toler's, and eight matched Officer Walker's. Wells said the total number of rounds fired by the three officers was 24 and that the autopsy found Flores sustained multiple gunshot wounds.

Wells described two firearms associated with Flores: a Glock 42 (.380) that a resident removed and later handed to officers and a Ruger P95 (9 mm) recovered at the scene with an obliterated serial number. Forensic testing identified the Glock 42 as stolen from the Henderson Police Department in 2017, and lab testing reported the firearms were functional; DNA testing detected Flores's DNA on trigger and grip areas, Wells said. Toxicology from the autopsy performed Jan. 1, 2024, by Dr. Simons reported a blood-alcohol concentration of 0.189.

Body-worn-camera excerpts were played in full speed and slowed/zoomed versions for the panel. The videos include officers repeatedly ordering the truck to stop, multiple commands in English and Spanish to show hands, and directions to get the 9-year-old from the vehicle. Wells said Officer Toler kicked Flores's firearm away after the shooting and that Officer Walker moved the child to safety.

Will Ewing, the ombudsman appointed by the county manager to represent the public and Flores's family, questioned Wells at length. Ewing asked whether the firearms were cleared before officers secured them, how the forensic "countdown" of officer ammunition was performed, whether less-lethal options were available and how quickly the situation unfolded. Wells testified the event unfolded in seconds and that the officers perceived a deadly threat, which limited the practicality of less-lethal tools. On the forensic counts and timing, Wells said the volleys were rapid: Cruz's six rounds occurred in a single, brief volley; Walker fired two short volleys totaling eight rounds; Toler fired two volleys totaling ten rounds.

Witnesses interviewed by detectives described Flores as intoxicated, physically assaulting people at the Taylor address, making threats (one witness stated Flores said "I'm gonna kill you"), and pistol-whipping a person. Some witnesses said they heard a click when Flores allegedly pulled a trigger; Wells said forensic testing did not show evidence that Flores fired a weapon during the incident. Wells also noted the presence of multiple vehicles and that at least four vehicles were struck by projectiles in the sequence of fire.

The presiding officer reminded attendees that the hearing is not a trial and that the review's purpose is to present essential facts. The District Attorney's Office had previously made a preliminary determination that no criminal prosecution was appropriate; the public review required by Clark County Ordinance chapter 2.12 was held to explain those findings. The presiding officer noted that no formal legal determination regarding manner or cause of death is rendered by this review and that the hearing record and video are public and available on Clark County's website.

The review closed after questioning; the DA's preliminary decision stands and no prosecution was announced at the hearing. The county posted the full video and the investigative documents as public record.

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