HENDERSON POLICE DEPARTMENT

HPD 0076
ADMINISTRATIVE REPORT
REFER TO DPM-1092 PAGE 1 OF 3

Officer Name / P#: Sgt. Michael Gillis #651 Division: Patrol SBW CASE #: IA2015-079

Date / Time of Occurrence: 06/14/15 15:17 hours Duty Status: On-Duty

Investigator(s): Sgt. John Gayer #683

Allegations/Complaint:

It is alleged that Sgt. Gillis #651 was involved in a preventable accident in which his marked patrol
vehicle struck a block wall.

Scene:

The area of the accident was to the south of the Vons grocery store located at 2667 E. Windmill Pkwy.
At the southeast corner of the Vons store, there is building containing several small shops which forms
an “L” shape with the Vons store. The two buildings are not connected but do share a cement
sidewalk. To the south of both buildings there is a vehicle access way. To the south of Vons, there are
two rows of parking stalls separated by the vehicle access way. The parking stalls on the north are
adjacent to the Vons building. The parking stalls to the south face a small landscaped area and block
wall which separates the shopping plaza property and an apartment complex property. There are no
parking stalls south of the second building.

Investigative Summary:

A review of DSS call for service log, the Supervisor Report of Department Vehicle Incident (HPD 401),
NHP Form 5, MAV and scene photographs revealed the following:

On 6-14-15 at approximately 1511 hours, Officer Tschirgi located a vehicle in the parking lot of 2667 E.
Windmill Parkway that was involved in a burglary in which 3 cellular phones were stolen (DR#15-
09755). Multiple subjects ran from Officer Tschirgi and the vehicle. Sgt. Gillis responded to the
location to assist in locating the suspects that had run from the vehicle.

Sgt. Gillis was driving vehicle #5778 westbound through the parking lot approaching Vons. A black
male subject was running southbound along the front of Vons. Sgt. Gillis activated his emergency
lights and siren and sped up 36 mph (MAV 15:17:16) and drove toward the running subject. The
subject continued running south and ran in between the buildings of Vons and the adjacent strip mall.
Sgt. Gillis slowed to 19 mph (MAV 15:17:20) and drove over the curb, onto the sidewalk and turned left,
following the subject between the buildings with his patrol vehicle. The subject continued running
southbound, crossed a small parking area to the rear of Vons and toward a block wall. Sgt. Gillis
accelerated his vehicle to 23 mph (MAV 15:17:22), navigated around a vehicle that was parked to the
right in the marked parking stalls closest to Vons.

The subject continued running south. As the subject crossed the vehicle access way, he ran around to
the right of a second vehicle, which was parked in the marked stalls to the far south of the shopping
plaza property and opposite the first parked vehicle. Sgt. Gillis drove to the right of the second vehicle
and then turned his vehicle back to the left, traveling toward the subject who was in the process of
jumping over the block wall. With the left front of the vehicle, Sgt. Gillis struck a shopping cart, traveled
over a curb, through a gravel landscaped area and struck the block wall as the subject was still in the

HPD 0076 City of Henderson, NV Revised: 10/02/2013

 HENDERSON POLICE DEPARTMENT
HPD 0076
ADMINISTRATIVE REPORT
REFER TO DPM-1092 PAGE 2 OF 3

air, clearing the block wall. Sgt. Gillis’ vehicle penetrated the block wall, at an angle, up to the driver
side door on the left side of the vehicle and to the right front tire on the right side of the vehicle. (It
should be noted that the MAV brake sensor was showing that the brakes were activated from time mark
15:17:22 to final rest). The subject continued running from Sgt. Gillis.

Traffic Officer Schaible was called to the scene to document the accident. His investigation revealed
the following:

Sgt. Gillis authored a witness statement for the accident report. In the statement Sgt. Gillis
wrote details of the pursuit as seen on MAV. He also stated that it had rained minutes prior and
as he attempted to stop his vehicle, he noticed that either the ABS erred due to the road being
slick or he may have missed the brake pedal.

Officer Schaible attempted to download the Crash Data Recorder (CDR) of vehicle #5778 at the
scene. The collision with the block wall did not trigger an event on the CDR to record vehicle
information prior to impact. The air bags and the seatbelt pretensioner also did not deploy.

Officer Schaible reviewed MAV at the scene and then again while writing the report. Officer
Schaible concluded the MAV speed of 1 mph prior to impact was unrealistic due to the amount
of damage induced during the collision. He compared the speed of the vehicle shown while
viewing MAV and concluded the vehicle speed is out of sync with the sequence of events.
Officer Schaible attributed the disparity to the refresh rate of the GPS integrated within the MAV
system.

Officer Schaible concluded the vehicle’s brakes were functioning and the condition of the
pavement was not a factor in the collision.

Along with collision damage, inspection of vehicle #5778 showed the right rear tire had scrapes
on the entire circumference of the tire that were parallel with the rotation direction of the wheel.
These types of tire scrape marks are consistent with the tire rotating in line with the direction of
the vehicle, indicating power was applied to the drive force of the vehicle. It is unable to be
determined as to whether the power was applied pre or post collision and in which direction
(forward or reverse).

The Collision Review Committee classified this collision as an accident and determined it to be
preventable.

Sgt. Gillis has not been involved in any similar investigations in the past three years.

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

 HENDERSON POLICE DEPARTMENT
HPD 0076
ADMINISTRATIVE REPORT
REFER TO DPM-1092 PAGE 3 OF 3

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

DPM1094 Code of Conduct – Vehicles And Driving:

 Employee is at fault in a non-citable accident resulting in damage to a Department vehicle or
other property. (Class 1)

DP315 Vehicle Driving Codes:

 Officers driving CODE 3 will comply with NRS 484B.700 (Authorized Emergency Vehicles),
which states that the driver of an authorized emergency vehicle may:
 Proceed past a red or stop signal or stop sign, but only after slowing down, as may be
necessary for safe operation.
 Exceed speed limits, so long as it does not endanger life or property.
 The provisions of this section do not relieve the driver of an authorized emergency
vehicle from the duty to drive with due regard for the safety of all persons and such
provisions do not protect the driver from the consequences of reckless disregard for the
safety of others. (Class 3)

DP706.2 Use and Care of Department Vehicle – Operation of Department Vehicles:

 Vehicle Operation -- When driving a Department vehicle, employees will not violate the traffic
laws, unless in the performance of official police duties and then only in accord with NRS
484B.700 and Department policy. (Class 3)

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

INVESTIGATOR: Sgt. John Gayer #683 DATE: 07/29/15

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