Clark County public review presents evidence after DA27s preliminary decision not to prosecute officers in UNLV shooting

A Clark County public fact-finding review on Dec. 6, 2023 presented the investigative record and witness testimony related to the University of Nevada, Las Vegas, shooting that left the attacker, identified in the investigative file as Anthony James Pulido, dead.

Presiding officer Mandy McKellar opened the hearing and said the review was held "because the Clark County District Attorney's Office has made a preliminary determination that no criminal prosecution of the officers involved in the death of" Pulido "is appropriate." She cautioned the public that the proceeding "is not a trial" and outlined procedures allowing the ombudsman to question witnesses and permitting public-submitted questions.

Chief Deputy District Attorney Michelle Fleck introduced Detective Levitt of the Las Vegas Metropolitan Police Department's Force Investigation Team (FIT). Levitt, who described FIT's role investigating officer-involved shootings and in-custody deaths, presented a timeline based on body-worn camera, computer-aided dispatch reports and witness interviews.

According to Levitt, Pulido arrived on campus about 11:30 a.m. and entered Beam Hall shortly afterward. Several near-simultaneous 911 calls reporting gunfire were received around 11:44 a.m. Officers and detectives from multiple agencies responded; an initial UPD officer arrived at 11:46 a.m., and Detectives Nathaniel Drum and Damien Garcia arrived and made contact with Pulido just before 11:56 a.m. Levitt stated officers engaged Pulido and, within about a minute after shots stopped, took him into custody and began medical aid.

Levitt identified the subject officers as University Police Detective Nathaniel Drum, who fired six rounds, and Detective Damien Garcia, who fired approximately 11 rounds. He said both provided voluntary walk-throughs and statements and that neither was wearing a body-worn camera at the moment of the shooting.

Forensic evidence shown during the review included surveillance and body-worn video, a crime-scene diagram and photos. Levitt said investigators recovered 21 cartridge cases at the exterior scene (11 on the stairs and 10 at ground level) and that four of the exterior casings matched Pulido's weapon. He also said Pulido's Taurus PT92 had an expended case stuck in the chamber at recovery, which investigators characterized as a malfunction that would have prevented further firing until cleared. Levitt summarized an autopsy by Dr. Nathan Schaller (12/07/2023), listing the cause of death as "multiple gunshot wounds" and the manner as homicide; toxicology showed some substances, including minimal oxycodone, which Levitt said were not "significant."

The record shown to the public included body-worn camera clips of responding officers, surveillance footage of Pulido walking down Beam Hall stairs and crime-scene photos of evidence markers, magazines and vehicle damage caused by rounds. Levitt said investigators also interviewed multiple witness officers who were in the immediate area but did not necessarily observe the exchange of gunfire.

Ombudsman Josh Tomschick questioned Levitt about timing, multi-agency response and evidence details; Tomschick asked the detective to confirm that there were four deceased UNLV faculty members shot inside Beam Hall before Pulido was engaged by officers, and Levitt affirmed that three of the victims had died and a fourth was injured. The ombudsman also pressed about the number of rounds Pulido was carrying and about medical response times; Levitt said the decedent had multiple full magazines on his person and that medical personnel arrived roughly six minutes after Pulido was placed in handcuffs.

No formal vote or policy decision was taken at the review; the proceeding's stated purpose was to present evidence and allow public questioning after the DA's preliminary determination. McKellar closed the review by directing members of the public to the Clark County website for the full video and transcript of the proceeding.

What happens next: The District Attorney's Office's preliminary decision not to prosecute remains the operative finding reported at the review; the public record (video and investigative documents introduced at the review) is available at www.clarkcountynv.gov.