Gillis Uses Rifle Strikes Against Store Manager

HENDERSON POLICE DEPARTMENT
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ADMINISTRATIVE REPORT
REFER TO DPM-1092 PAGE 1 OF 26
Officer Name / P#: Retired Police Sergeant M. Gillis Division: Patrol CASE #: IA2018-004
#651, D. Russo #2134, A. Nelson #2195, L. Good
#2193, D. Nerbonne #2127, E. Vega #2097
Date / Time of Occurrence: 01/14/2018 1604 hours Duty Status: On Duty
Investigator(s): Sgt. L. Lakteen #1253
Allegations/Complaint:
It is alleged that on 01/14/2018, officer’s battered and used excessive force on James Herndon while
attempting to take custody of a suspect in his place of work, Sportsman’s Warehouse.
Call For Service:

Henderson Dispatch received a call for service under event#180114000430 at 1604 hours from the
Sportsman’s Warehouse Loss Prevention Manager, Jeremy Hagood. Mr. Hagood advised Dispatch
that a white male wearing a camouflaged hat, tan long sleeve shirt, black pants and black shoes was
being observed via surveillance cameras putting ammunition in his pockets. Mr. Hagood further advised
the male had a silver handgun that was observed being picked up and placed in the waistband of his
pants after it had fallen out of his pocket. The male suspect had arrived with two other subjects in a
gold Chevy Silverado pick-up truck. The two additional suspects were outside next to the pick-up truck
one was described as a white female wearing all black clothing the other, a white male wearing a Gray
shirt. Further updates indicated there were multiple customers inside of the store and the suspect inside
was continuing to take and conceal ammunition and was seen kneeling down on several occasions.
Investigative Summary:
On 1/14/2018 at approximately 1604 hours, North Area Command Officers were dispatched to The
Sportsman’s Warehouse located at 701 Marks Street, Henderson, Nevada reference a theft in
progress. Sportsman’s Warehouse Loss Prevention contacted the Henderson Police Department and
advised they were currently watching a male inside of the store, on surveillance cameras, who was
armed with a handgun. Loss Prevention advised the handgun was inside the waistband of the suspect’s
pants and that he was observed actively selecting and concealing ammunition on his person and then
ducking and kneeling between clothing racks. The male suspect had arrived with two other suspects
who were outside and waiting next to the vehicle they had arrived in.
Arriving Officers detained the two suspects outside and worked on setting up containment on the front
and rear of the store. Officers formulated a plan to contact the suspect inside of the store and gave
directives to Loss Prevention to have employees and customers move to the back of the store and
away from the suspect. Once contacted, the suspect fled from officers, who gave chase. At one point
the suspect fell and resisted officers’ efforts to place him into custody. An altercation ensued.
Unbeknownst to Officers, a store employee who was dressed in civilian attire had jumped in when the
suspect initially fell in an attempt to apprehend the suspect and sustained injuries.
Two loaded handguns were recovered from the suspect’s waistband during the altercation. Officers
eventually took the suspect into custody for numerous charges.
James Herndon Phone Interview:

On 1/18/2018, James Herndon contacted The Henderson Police Department Internal Affairs Bureau to
complain that Henderson Police Officers battered and use excessive force on him.
HPD 0076 City of Henderson, NV Revised: 10/02/2013

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Mr. Herndon spoke with Investigator June Castro and advised the following:
He was the assistant Hunting Manager at Sportsman’s Warehouse located at 701 Marks Street.
On the night of 01/14/2018, they had a person inside of the store that was concealing items on
their person in what appeared to be preparation to steal them. Mr. Herndon, the Loss
Prevention Manager, the Clothing Manager and the Hardgoods Manager were all situated inside
of the Loss Prevention Office watching on surveillance as the suspect was “stuffing ammo
boxes in his pockets and socks.” At one point the suspect drops a handgun out of his pocket
which he bends over to pick up.
• Mr. Herndon explained Sportsman’s Warehouse Policy does not allow them to intervene
in situations where weapons are involved (James Herndon Phone Intv TS 2:24) and as
a result, the Loss Prevention Manager, Jeremy Hagood, called Henderson Police
Department right away.
Mr. Herndon indicated Mr. Hagood was “on the phone with them (Henderson Dispatch)
continuously” and two or three Henderson Police Officer vehicles arrived outside in front of the
store. Mr. Herndon and Loss Prevention were still monitoring the suspect (Justin Franks) as well
as a male and female (Richard Conboy and Ashley Powell) who were seen both inside and
outside of the store with Mr. Franks at different times. Mr. Conboy and Ms. Powell were in the
parking lot when Officers arrived and contacted them near Mr. Franks’ vehicle. It was about that
time that time two additional Officers entered through the back of the store.
Mr. Herndon was still inside of the Loss Prevention Office watching Mr. Franks continue to
select and conceal items on his person. Mr. Herndon stated he walked back to the receiving
area to get the Officers who were in the back of the store up to the Loss Prevention Office
located at the front of the store so they could watch Mr. Franks on the video surveillance
cameras. Mr. Herndon advised he provided the Officers with verbal directions on how to get to
the front of the store and told them to follow him. As he began to walk away, he noticed the
Officers did not follow him to the front, but instead went back to the receiving area.
Mr. Herndon advised that he moved over towards the Customer Service/Cashier area at the
front of the store due to a prior incident which had occurred in December where Henderson
Police attempted an apprehension that “almost turned into a real cluster” which left the cashiers
fearful due to the involvement of firearms.
• It is noted no complaint regarding this incident (DR#17-24079) could be located.
Mr. Herndon advised he had gone over to tell cashier personnel to move because he didn’t
know what was happening. He then heard shouting, “Stop stop, show us your hands” and
believed Officers were making contact with Mr. Franks. Mr. Herndon then heard crashing
sounds and “all of the sudden our suspect (Franks) comes around the corner and he’s heading
towards the front of the store.” Mr. Herndon further advised “the two cops that were inside of the
store were not right behind him (Mr. Franks), I don’t know what’s going on, I don’t know what
they’re doing, but this guy is running towards the front of the store.” He could see Mr. Franks
pulling down clothing racks and at one point observed Mr. Franks hitting a clothing rack,

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knocking it over and “falling flat on his face” which Mr. Herndon explained to be “literally 6 feet”
from him.
Mr. Herndon explained “I know he has a gun, I know the police aren’t there to do anything, I
know he has the opportunity to get up, I made the decision to jump on him and start wrestling
with his hands. I secured his right arm and I’m screaming give me your hands, give me your
hands” (James Herndon Phone Intv 04:50-05:57). Mr. Herndon advised the two other Officers
that were inside of the store, then jump on Mr. Franks and begin yelling commands at Mr.
Franks as well.
Mr. Herndon stated that two additional Officers came in and then “all shit breaks loose.” He
described being hit in the head, kicked in the face, kneed in the face, punched in the face by
Officers. At one point he described grabbing a hand off of his throat and screaming, “the bad
guy is on the bottom.” The situation then stops, but Mr. Herndon advised Investigator Castro
that he couldn’t remember how it ended, because he was “pretty dazed.” He could recall that he
did not want to let go of Mr. Franks’ right arm because “I had his right arm. His left arm was
pinned underneath his chest and his neck. I could see both hands, I knew he had a gun, based
on my prior experience in law enforcement I knew I had to control his hands. So I was doing
what I thought was the right thing because no one else was around while the guy was on the
ground.” (James Herndon Phone Intv TS 06:56-07:18).
Mr. Herndon advised that he had gone to sit in the Loss Prevention Office and as Mr. Hagood
was burning video for the police, he observed the playback at which time he saw Sgt. Gillis walk
up to the altercation with his AR-15 at which time he lifted his rifle and struck him with the rifle
“butt.” Rather than go to the hospital to seek medical attention, he elected to stay at work to
finish out his closing duties.
As he was leaving the store, Mr. Herndon had contact with Sgt. Gillis who apologized for tasing
him, but didn’t say anything about striking him in the head. Mr. Herndon stated that he was not
upset by anything until one of the Officers on scene made a “snarky” statement about how they
must’ve mistook Mr. Herndon for the suspect “because of the hat you were wearing.”
Mr. Herndon advised he was not wearing a hat and that the suspect description had been
provided to Henderson Dispatch several times over a 20 minute period. Similarly, he felt as if
this was the Officers’ were “figuring out what to write in their use of force report to justify the
beating of an innocent by-stander, I mean good Samaritan trying to apprehend a gun-toting
suspect.” It was the way the Officer (unknown who) made the statement as well as the fact he
felt the officer was attempting to associate his look with the “bad guy’s” that made him upset.
Mr. Herndon then went on to advise Investigator Castro of his injuries which included a broken
orbital floor bone on his left cheek, a concussion, some back issues he was not sure were
related, he had been tased in his left lower back.
Mr. Herndon expressed concerns, “having been in law enforcement work, under no training is it
okay to use the butt of your rifle as an impact tool.” So if you buy the argument that they mistook
me for the suspect, which I could understand in a “dogpile” you might have a question, but you
have to be able to identify stuff.” Mr. Herndon explained as police Officers they are trained and

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able to think in stressful situations and using a rifle stock or any other impact tool to strike
someone in the head is excessive force as it amounts to deadly force.
Mr. Herndon felt due to the fact there were five Officers on the suspect, the incident did not rise
to the level of deadly force. Furthermore, the fact the Sergeant was the one who was utilizing
their rifle stock to hit him, should have been the one keeping everyone under control and not
allowing things to escalate.
Investigator Castro clarified with Mr. Herndon that he did in fact wish to file a formal complaint.
She then explained that Henderson Police Department Internal Affairs investigates violations of
policy. Mr. Herndon advised he believed this was a criminal matter as he believed he had been
the victim of Assault with Substantial Bodily Harm. Investigator Castro explained to Mr. Herndon
that criminal violations are a violation of policy and that any criminal matters would be handled
by our Investigations Bureau.
Investigator Castro then asked Mr. Herndon where he had gone for medical treatment. He
advised he had gone to Saint Rose Sienna at which time he confirmed his injuries as stated
above adding some abrasions and bruises as well.
Investigator Castro confirmed that Henderson Police had received a copy of the surveillance
video from Sportsman’s Warehouse and then explained the process involving both the use of
force as well as the investigation conducted by Internal Affairs.
Mr. Herndon once again reiterated his concerns as well as displeasure with both actions that
had been taken and the comment made by an unknown officer.
Investigator Castro questioned Mr. Herndon about additional suspects involved in this incident.
Mr. Herndon explained there were two additional people outside of the store by Mr. Franks’ car
as Mr. Hagood had identified Mr. Franks’ car. He went on to state “There were two people in the
store with him (Mr. Franks) at one point. The guy (Mr. Franks) was in there for over an hour it
seemed like. There were two people that had walked up to him and given him keys. It didn’t
appear they had participated in any crimes while I was watching the video.” He explained the
reason Loss Prevention had noticed Mr. Franks is due to the fact he had been in Sportsman’s
Warehouse the day before and had “staged some products to try to steal, but he hadn’t.”
Investigator Castro asked if the fact the other two people had been inside of the store and left
had been relayed to Henderson Dispatch, Mr. Herndon confirmed that it had and that the first
arriving Officers had contacted the two out in front of the store and detained them.
Investigator Castro advised Mr. Herndon she is not aware of what Sportsman’s Warehouse’s
store policy, but asked what made him attempt to stop Mr. Franks rather than allowing him to
leave the store knowing he had a weapon and knowing police were on scene. Mr. Herndon
explained “Our store policy is that we basically have a “hands on” policy. And what scares me
as a store manager is, and it’ll be addressed in our stuff, is that if the guy (Franks) hadn’t
dropped his gun, we probably would have confronted him as he came out of the door and asked
him to come back in. That’s what Sportsman’s has typically done if we had not known he had a
weapon.” Mr. Herndon continued stating, “When he fell on the floor in front of me, I had, my

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thought process was the police were too far behind him. He had the opportunity to get up and
do whatever he was going to do. There were no police coming in the front door and the two
cops that tried to contact him in the store were not going to get there to do anything. I didn’t
even see them so they hadn’t even come around the big clothing rack that he had come around
from behind. My thought process was this guy (Franks) has a gun. He has the opportunity to get
up and make a decision as to what he is going to do. So, I made the decision of rather giving
him that option of doing anything, I decided to jump on him and secure his hands so he couldn’t
get up and hurt somebody.”
Investigator Castro asked Mr. Herndon approximately how long it was prior to the first Officer
arriving to where he had jumped on Mr. Franks. Mr Herndon advised, “Probably a few seconds,
I’m not exactly sure; I was focused on his hands.” (James Herndon Phone Intv. TS 25:17-25:31)
Investigator Castro confirmed the only two Officers Mr. Herndon had contact with prior to events
unfolding were the two Officers he had met back in receiving (Officers Good and Nerbonne). Mr.
Herndon advised yes, but then reiterated the suspect description had been given out several
times by Mr. Hagood to Henderson Dispatch. He recalled the description being a white male,
tan shirt, black or dark jeans rolled at the cuffs and black boots and a hat.
Mr. Herndon also expressed his concerns to Investigator Castro regarding the Officers (Good
and Nerbonne) drawing their firearms on Mr. Franks as he believed that “limited their options if
he runs” based on his prior law enforcement training and experience.
Investigator Castro asked Mr. Herndon who the first two Officers were that came to where he
was with Mr. Franks. Mr. Herndon said he couldn’t say for certain, but believed it was the same
two Officers who were in the store he attempted to get up front to the Loss Prevention Office.
He recalled viewing part of the surveillance video which showed him and two Officers already
on top of Mr. Franks when two Officers came running in the front door. He did however recall
the Officers yelling, “He’s got guns, he’s got guns” at which time Mr. Herndon realized Mr.
Franks had two guns.
Mr. Herndon told Investigator Castro, “I’ll be honest with you, all I remember is getting hit and I
was trying desperately to hold on to his (Franks) hands. (James Herndon Phone Intv TS 29:05-
29:11). Investigator Castro asked if Mr. Franks was still fighting or resisting, which Mr. Herndon
confirmed he was.
Investigator Castro asked Mr. Herndon if he would be okay with her getting copies of anything
she would need to complete this investigation to include his medical records. Mr. Herndon had
no objections and provided Investigator Castro with the names of the Loss Prevention Manager
and Store Manager as well as contact info. He advised he would email the copies to Investigator
Castro to the email address she provided to him.
Mr. Herndon wanted to know if he could obtain copies of the reports attached to this incident to
include the use of force report. Investigator Castro then explained the Internal Affairs process
and guidelines to include the resolution of the case. She then provided him with contact
information for the Records Bureau as well as the case number and obtained contact
information for Mr. Herndon.

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Mr. Herndon once again began explaining his concerns, emphasizing he looked nothing like the
suspect. Investigator Castro asked Mr. Herndon if it was possible that Officers mistook him for
an additional or unaccounted for suspect affiliated with this incident as Mr. Herndon had
explained additional people had been seen in and out of the store contacting Mr. Franks. Mr.
Herndon advised,” I guess I hadn’t really thought of that. But my argument to that, if I were
arguing the other side, would be that our LP guy was on the phone with them (Dispatch)
continuously updating, so if there had been any other interaction…which you know, I hadn’t
even thought of that possibility to be honest with you. So I guess I could understand that. But
again, let’s just say they mistook me for a bad guy. Under no circumstances is it okay to beat
someone with a rifle butt, that’s deadly force and the circumstance did not call for it. (James
Herndon Phone Intv. TS 42:21-43:14)
The conversation with Mr. Herndon was then concluded a short time later.
Surveillance Video Review:

Henderson Police Department was provided a total of four video files from Sportsman’s Warehouse
video Surveillance. A review of each of those files rendered the following:
“Clothing 1”
This file showed Officers Good and Nerbonne contacting Mr. Franks in the “Camo” display area
located in the Men’s Clothing section of the store. Mr. Franks had his hands raised and began to
side step away from the Officers who had their guns drawn on him. Mr. Franks then began to run
towards his left between merchandise display racks with Officers less than one second behind him.
Both Mr. Franks and Officers were out of view of this camera by the 6 second mark, however,
Sergeant Gillis was observed running around the perimeter of the Men’s clothing section towards
them at that point in the video.
• It is noted that at least four patrons and one employee were viewed in the backdrop of
where Officers originally contacted Mr. Franks.
At 16 seconds into this video file the camera had moved to show Officers Good, Nerbonne, Russo,
and Vega who initially appeared to be on top of a male wearing a dark gray top and blue jeans who
was later identified to be Mr. Herndon. There appeared to be an additional set of legs and feet
extending out perpendicular from underneath Officers Good and Nerbonne who was later
determined to be Mr. Franks.
Sergeant Gillis was also observed knelt down and to the side of the Officers with his rifle barrel
pointed upwards. Officer Nerbonne was observed at this point delivering several strikes downward
into Mr. Franks who is directly underneath him. Sgt. Gillis was viewed delivering a single strike in a
downward motion with the stock of his rifle, but it is unclear, due to body and camera positioning
what he struck. Sergeant Gillis then laid the rifle down.
At 21 seconds in, Officer Nelson was seen running into camera view as Sergeant Gillis delivered
two knee strikes, unknown to whom due to body and camera positioning.

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Between 24 and 25 seconds, Mr. Herndon’s body repositioned to a point where Mr. Franks’ lower
torso was in view and it appeared that his shirt had been lifted. Officers appeared to still be
struggling with both Mr. Franks and/or Mr. Herndon. Mr. Herndon was still viewed laying diagonal
across the top portion of Mr. Franks.
At 30 seconds in, Sgt. Gillis was viewed with his Taser in his right hand. It was pointed downward
and did not appear to have a cartridge attached to the front of it.
At 32 seconds in, Sergeant Gillis was viewed delivering a “contact tase” to the left side of Mr.
Herndon.
At 34 seconds in, Mr. Herndon was viewed swiping his left arm down his left side and rolling to his
right at which time Mr. Franks upper torso and head became exposed.
At 35 seconds in, Sgt. Gillis was viewed tossing his Taser off to his right and directing his attention
to Mr. Franks who was underneath Mr. Herndon. Mr. Herndon was rolled onto his right side, on top
of Mr. Franks’ lower torso and buttocks area, into Officer Nerbonne.
No further strikes were viewed after this point and at 39 seconds in, Mr. Herndon was assisted up
into a seated position by Officers Russo and Nerbonne.
At 46 seconds in Mr. Herndon rolled out and away from where Mr. Franks and Officers were. He
was viewed wearing a gray hooded sweatshirt with the hood pulled over his head and blue jeans. At
that point, 3 other males who appeared to be affiliated with Sportsman’s Warehouse were viewed in
frame and the video concluded.
“Clothing 2”
This video provided a long view of the Clothing section of the store. As the video began, four
patrons could be seen in frame. Mr. Herndon appeared to be running past a clothing rack towards
where Mr. Franks had just fallen and Officer Good was viewed directly behind him. Mr. Herndon
appeared to jump onto Mr. Franks who was on the ground with Officer Good on top of him as
Officer Nerbonne made contact with them.
• It is noted, according to video, Mr. Herndon and Officer Good made contact with Mr.
Franks simultaneously. This contradicts several of Mr. Herndon’s statements he had
made to Investigator Castro when he initially called to file a formal complaint and
provided her with an interview. Specifically referenced between 25:17 and 25:31
seconds of audio file Titled “James Herndon Phone Intv” where he advised:
o “the suspect “fell on the floor in front of me,”
It is noted, Mr. Herndon was not in the immediate area of where Mr.
Franks fell, but appeared to have run from an area beyond the clothing
rack he is seen passing in order to contact Mr. Franks.
o “the police were too far behind him”
o “the two cops that tried to contact him in the store were not going to get there to
do anything.”

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o “probably a few seconds” when asked approximately the length of time before an
officer arriving to where he had jumped on Mr. Franks.
It is noted, according to video, Officer Good and Mr. Herndon made
contact with Mr. Franks simultaneously at the 1 second mark Officer
Nerbonne made contact with Mr. Herndon, Mr. Franks and Officer Good
at the 2 second mark.
Officers Vega and Russo were observed entering into view at 5 seconds in to the video, while
Sergeant Gillis is observed arriving to the altercation at the 6 second mark. Sergeant Gillis has his
rifle gripped with both hands, on his left side with the stock facing downward.
At the 8 second mark, Sergeant Gillis can be seen crouched down on the right side of Officer Good.
He was then observed moving his position farther to the right and out of camera view at the 10
second mark.
• It is noted due to merchandise, clothing racks and the positioning of security cameras, much
of the altercation remains out of view as it is on the floor, below line of sight.
Officers were viewed in an altercation on the ground. Many of the specifics are difficult to see,
however, Officer Nerbonne was still delivering strikes downward. Approximately 10 patrons as well
as Sportsman’s Warehouse associates were in frame view at this time.
At 17 seconds in, Officer Nelson came into frame and he was observed delivering downward
strikes, unknown to whom. There was no additional force observed subsequent to this and Officers
appeared to be creating space prior to the video ending.
“Giftbar”
This video file provided an overhead view of Officers Good and Nerbonne’s first contact with Mr.
Franks. Mr. Franks is a white male, he is wearing a tan long sleeved button up shirt, blue jeans
and a tan and green hat.
Officers approached Mr. Franks with their firearms pointed at him. Mr. Franks was viewed dropping
a basket and putting his hand up as he began to side step to his left. Officer Good was viewed
splitting off from Officer Nerbonne and moving the same direction as Franks. No audio was present
on any of the video files; however Officer Good appeared to be giving Mr. Franks commands.
Mr. Franks side stepped again and then began to run through the clothing department at the 8
second mark for approximately 4 seconds prior to stumbling and falling.
Mr. Franks was on all fours as Officer Good and Mr. Herndon make contact with him
simultaneously at the 12 second mark. Officer Good was knelt down on top of Mr. Franks’ legs and
lower torso with his left hand pushing down on Mr. Franks’ back as he was holstering his firearm
with his right hand.
Mr. Herndon was initially viewed sitting up and towards the top of Mr. Franks, but then dropped out
of line of sight behind Officer Good’s body when Officer Nerbonne arrived at the 13 second mark.

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Officer Vega was observed running towards the altercation from the front of the store with Officer
Russo following behind. As Officer Vega arrived at the 15 second mark, it appeared he had
delivered a kick, however due to body and camera positioning, it is unknown who or what Officer
Vega made contact with.
At 16 seconds in, Officer Nerbonne was observed moving his left arm from right to left and placing
a gun down on the floor. Due to body positioning it is unknown where Officer Nerbonne retrieved
the gun from.
Sergeant Gillis entered into view and arrived at the altercation at 17 seconds in. Sgt. Gillis walked
up from the back of Officers Good and Nerbonne. Within 4 seconds, Sergeant Gills repositioned
himself around to the right side of Officer Good towards the upper torso and head area of Mr.
Franks and Mr. Herndon.
• Mr. Herndon appeared, based on the position of his legs and feet, to be lying down on top of
and perpendicular to Mr. Franks’ upper torso and head area.
At the 21 second mark, Sgt. Gillis is positioned behind a clothing rack and partially obscured;
however, his rifle barrel and part of his upper body could be seen twisting up and to the left and
then moving back in a swift downward motion. It is unknown who or what Sgt. Gillis might have
struck due to body and camera positioning. Officer Nerbonne is viewed delivering multiple closed
fist and knee strikes directly downward and into Mr. Franks.
At the 25 second mark, Officer Nerbonne was observed delivering a closed fist strike to the right
waistband area of Mr. Franks which caused him to stop and feel that area of his body. Officer
Nerbonne was then observed removing an additional gun from the right side waistband area of Mr.
Franks’ person. This occurred as Officer Nelson arrived to the altercation.
Officers appeared to continue to struggle with the suspect. At 33 seconds in, Officer Russo is
viewed delivering two closed fist strikes in a downward motion. Officer Russo appeared to strike
down and to the left of Mr. Herndon.
The Loss Prevention manager is viewed walking towards the altercation and standing behind a
rack of clothing away from the altercation itself.
At 38 seconds in, a Taser was viewed pointing downward without a cartridge attached to the front.
Officers Russo, Vega and Nerbonne appeared to create space as Mr. Herndon was delivered a
“contact tase” to his left side which caused him to flinch and roll back and to the right.
Shortly thereafter, Officers appeared to have de-escalated their behavior and Officer Russo was
observed pulling Mr. Herndon off of Mr. Franks and placing him to the side.
“Camping 1”
A review of video file “Camping 1” which offered a view from a vantage point towards the front of
the store in the same timeframe the incident occurred. It showed Mr. Herndon towards the front of

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the store, approximately 26-30 feet west of the Cashiers’ Area. He was stopped between a tall
wooden display rack containing framed artwork and another shorter wooden merchandise display
rack. The top of Mr. Herndon’s head was initially visible and then dropped below the top of the
shorter wooden display. This was visible prior to the 1 second mark of the video file. At the 1
second mark movement is seen in the “camo” section of Men’s Clothing as well as in the area
where Mr. Herndon was positioned.
• It is noted; the area Mr. Herndon is seen stopped at in this video clip is approximately 12-14
feet from where Mr. Franks was running towards and eventually falls.
At the 2 second mark, Mr. Herndon was seen running from his position and around a clothing rack
towards Mr. Franks’ travel path.
At the 3 second mark, Mr. Herndon was viewed in a squat like position where Mr. Franks had
landed on the ground with Officer Good right on top of Mr. Franks from the rear position. Officer
Vega was also observed in frame running from the front entrance of the store and Officer
Nerbonne is observed with Officer Good.
At 4 seconds in, Sgt. M. Gillis was observed running from the fitting area towards where the
altercation was unfolding. Officers Vega and Russo were also observed near the Cashier area
running towards the altercation.
• At this point. Mr. Herndon is positioned on top of Mr. Franks’ head and torso area in a “side
mount” position with his right arm over and his left arm underneath Mr. Franks’ right
shoulder at 5 seconds in. Mr. Franks’ right arm can be seen flailing around freely.
At 6 seconds in, Mr. Franks was difficult to see due to Mr. Herndon’s body position as Officer
Vega came into line of sight of the altercation from the front of the store. Officer Good was seen
pulling and struggling as Officer Nerbonne was delivering strikes downward.
• It is noted what was viewed on video surveillance appeared contrary to what Mr. Herndon
advised Investigator Castro in his initial phone interview as he had stated “When he (Franks)
fell on the floor in front of me, I had, I, my thought process, and I remember this clearly, was
the police were too far behind him. He had the opportunity to get up and do whatever he
was going to do. There were no police coming in the front door and the two cops that had
tried to contact him in the store were not going to get there to do anything.” (James Herndon
Phone Intv TS 23:50-23:58)
• It is noted, Mr. Herndon is a white male with short hair. At the time of this incident he was
wearing a grey hooded sweatshirt, blue jeans and boots.
• It is also noted in the Call For Service notes descriptors of two additional subjects who Loss
Prevention and Mr. Herndon confirmed were in contact with Mr. Franks at different times
while he was inside of the store. One was described as a white female wearing all black
clothing and the other, a white male wearing a gray shirt.

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At the 7 second mark, Officer Vega was viewed contacting Officers Nerbonne, Officer Good and
Mr. Herndon who was still on top of and covering Mr. Franks.
At the 8 second mark, Officer Russo contacted the altercation and Officer Vega is viewed
delivering a kick.
At 9 seconds in Officer Russo and Vega are viewed pulling, tugging and delivering strikes.
At 10 seconds in, Sgt. Gillis is viewed contacting the Officers who were still in an active struggle.
He is initially positioned directly over Officers Good and Nerbonne with the stock of his rifle facing
downward. Sgt. Gillis was then viewed repositioning at 11 and then 12 seconds in towards Officer
Vega.
At 13 seconds in Sgt. Gillis was seen twisting his upper body up and to the left with his rifle in his
grip with the stock facing downward. He is then observed coming down in a swift motion and
delivering a strike. Due to the amount of people involved in the altercation as well as the
positioning of the camera, it is unknown who or what Sgt. Gillis struck.
Between seconds 13- 17 Officer Good was observed on the right side of where Mr. Franks was
initially observed and Officer Nerbonne was observed delivering multiple closed fists strikes
downward.
Between 17-20 seconds, Sgt. Gillis was observed laying his rifle down on the ground and then
beginning to struggle, but it is unknown with whom.
At 20 seconds in, Officer A. Nelson was observed contacting Officers.
Between seconds 20-26 Officer Nelson was observed struggling with and then delivering two
strikes, unknown to whom as Sgt. Gillis was viewed delivering 2 knee strikes, unknown to whom.
At 26 seconds, Sgt. Gillis was viewed sitting up and un-holstering his Taser, due to positioning of
bodies as well as the vantage point, it is unknown if or whom the Taser was deployed on.
Officers were viewed in the altercation for an additional 10 seconds prior to beginning to back
away from the altercation.
Digital Photo Review:

Digital photographs were taken of the location of where the altercation occurred to include Mr. Franks’
flight path through the store and property that had been recovered from Mr. Franks.
Digital photographs were also taken of each of the Officers who were involved in the altercation.
• Officer Nerbonne was the only Officer who appeared to have any injuries. His right hand
appeared red and he was bleeding from his pinky finger area.
Several digital photographs were also taken of Mr. Herndon. The front facing images showed him to be
a white male wearing a long sleeved black Under Armour shirt, blue jeans and boots. Mr. Herndon had
some dried blood on his hands, appeared to be bleeding from his nose and from inside of his left ear.

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The area under his left eye was red and swollen and showed signs of bruising. Images from the back of
his head showed fresh abrasions and some blood.
Several digital photographs were taken of Mr. Franks as he was seated outside and handcuffed. An
overall image from the back of Mr. Franks showed blood on his shirt at about mid back. A front facing
image of Mr. Franks showed him to be a white male wearing a tan long sleeved button up shirt, blue
jeans and black shoes with a black scuff mark on the left side of his forehead/hairline. An image taken
from the left side and downward from the top of his head showed a black scuff mark and some redness
to his forehead and top of his head.
Officer Luke Good (3N32) Interview:

On 02/28/2019, I conducted a formal interview with Officer Luke Good regarding this incident. The
following is a summary of that interview:
Officer Good reviewed the call notes from this incident. He advised he recalled the incident and
explained on 1/4/2018 he heard the call at The Sportsman’s Warehouse located at 701 Marks
Street being broadcast over the air. Officer Good began making his way to the location due to
the fact Dispatch had advised the suspect, Justin Franks, was seen by loss prevention dropping
a gun on the floor while he was concealing ammunition on his person. Officer Good advised the
fact the suspect was armed caused him to head towards the call for service in case things went
badly, additional Officers would be needed at the scene. Furthermore, Dispatch had advised
two additional suspects, who were affiliated with the armed suspect inside of the store, had
been identified via camera by loss prevention outside in the parking lot next to a vehicle. Officer
Good also recalled civilians were reported being present inside of the store.
Officer Good recalled Sergeant Gillis providing Dispatch with directives for Sportsman’s
Warehouse loss prevention to get employees off of the floor and out of the way. Officer Good
advised he observed units already responding towards the front of the store and detaining Mr.
Conboy and Ms. Powell, so he elected to respond to the rear where he Officer Nerbonne and
Sergeant Gillis planned to enter. Officer Good advised an employee from Sportsman’s
Warehouse provided access into the rear of the business through a back fire exit and that at
least two if not three Officers were positioned outside the front of the store.
Officer Good advised a plan was formulated by Sergeant Gillis to contact Mr. Franks inside of
the store amongst the Officers as it was the most tactical position in case he attempted to flee
as his options would be limited due to Officers being present at both exits. He noted that
Sergeant Gillis asked Dispatch to tell loss prevention to get employees and customers to the
back of the store and away from the suspect prior to attempting to contact the suspect to keep
them out of harm’s way.
Officer Good advised he and Officer Nerbonne proceeded to the location Mr. Franks was seen
by loss prevention on camera while Sergeant Gillis peeled off to the left to flank Mr. Franks.
Officers were also positioned outside in front of the store in case he attempted to flee.
He and Officer Nerbonne contacted Mr. Franks with their handguns drawn. They advised him
they were aware he was armed and to put his hands up in the air. Mr. Franks dropped the hand
basket he was carrying and put his hands up in the air. Officer Good advised he began giving

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Mr. Franks commands to face away from them and get down on the ground. Franks hesitated
and then slowly began side-stepping left and then took off running through the store.
Officer Good advised he gave chase after Mr. Franks towards the front of the store and
maintained a visual on Mr. Franks the few seconds he was running between merchandise racks
and pulling items down. He estimated Franks was maybe ten to fifteen feet at the most ahead of
him when he observed Mr. Franks lose his footing at which time he and Officer Nerbonne went
in to tackle Franks. Officer Good advised an unknown subject wearing plain clothes
jumped out from a clothing rack and onto Mr. Franks, covering Franks’ shoulders and head.
Officer Good advised the subject, later identified as James Herndon, was wearing a gray
sweatshirt and blue jeans and nothing identifying him as a Sportsman’s Warehouse employee
or security. Due to the fact he was not aware if all subjects affiliated with the suspect had been
detained, Officer Good initially thought Mr. Herndon might have been an additional suspect but
focused his attention on Mr. Franks because he knew for certain Mr. Franks was armed.
Within seconds of going to the ground, Officer Good advised he and Officer Nerbonne had
located a gun on Mr. Franks at which time they began yelling “gun, gun” because they knew
other Officers were in the store coming to assist.
Officer Good advised his main focus was on Mr. Franks because he was tucking his hands
under his body and towards his waistband where loss prevention had advised they had seen
Mr. Franks place the gun when he picked it up after dropping it inside of the store.
Officer Good recalled Mr. Franks failing to comply as he continued to tense up and attempt to
pull his hands away from Officer Good’s grip. Believing Mr. Franks still posed a threat to the
civilians who were still inside of the store as well as Officers; Officer Good began delivering
several closed fist strikes to the right side and back of Mr. Franks in an attempt to gain
compliance through pain. This did not seem to completely cease Mr. Franks’ active resistance
as he continued to pull away and move his hands under him. As a result, Officer Good recalled
his attention being fixated on Mr. Franks and his hands and attempting to get the guns off of his
person.
Officer Good recalled at some point during the altercation he heard who he believed to be Mr.
Herndon advise, “Stop I’m the manager.” Mr. Herndon was somehow removed from the
altercation and no longer on top of Mr. Franks. Officer Good recalled he and Officer Nerbonne
had hold of Mr. Franks’ hands and placed them behind Mr. Franks’ back and into handcuffs at
which time the incident de-escalated.
Officer Good advised a total of two handguns were recovered from Mr. Franks’ waistband.
Officer Good recalled medical being requested to the scene, however, he was not present for
any assessments or treatments.
Officer Good advised he conducted follow-up with Mr. Herndon at Sportsman’s Warehouse
subsequent to this incident to obtain a written statement and to document the extent of Mr.

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Herndon’s injuries. He recalled they spoke briefly but did not recall the specifics of the
conversation.
Officer Daniel Nerbonne (3N42) Interview:

On 03/4/2019, I conducted a formal interview with Officer Daniel Nerbonne regarding this incident. The
Officer Nerbonne recalled being dispatched to Sportsman’s Warehouse reference Loss

Prevention advising there was a male inside of the store who had a handgun on him and was
actively concealing items. Loss prevention also advised the male was acting suspicious as he
was viewed ducking inside of clothing racks, concealing boxes of ammunition on his person and
was looking at masks that were displayed as merchandise in the store.
He recalled the suspect, Mr. Franks, being described as a white male and was advised there
were two other subjects, Mr. Conboy and Ms. Powell, outside by a vehicle which belonged to
Mr. Franks. Officer Nerbonne also recalled the incident occurring during normal business hours
and it had been communicated that there were several customers inside of the store.
When asked what his thoughts were at the time he was receiving the aforementioned
information from Dispatch, Officer Nerbonne stated he felt Mr. Franks could have been stealing
ammunition to load the firearm that had been viewed by loss prevention and believed the
incident might possibly be the beginnings of an active shooter as Mr. Franks had access to
multiple citizens inside of the store. Officer Nerbonne also thought that since Mr. Franks was
seen looking at masks inside of the store, the incident could possibly be an armed robbery
beginning to unfold.
Officer Nerbonne recalled Sgt. Gillis had asked Dispatch to have Sportsman’s Warehouse
activate a shelter in place procedure if they had one. Sgt Gillis also asked Dispatch to relay to
loss prevention to make sure no employees get involved because “there was a gun in play.”
Officer Nerbonne advised he responded to the rear of Sportsman’s Warehouse with Officer
Good and was met by Sgt. Gillis shortly thereafter where an employee provided them access
through the back door.
Officer Nerbonne recalled two Officers being directed to the front of the store to contact Mr.
Conboy and Ms. Powell to detain them while additional Officers set up at the front outside of the
store. Officer Nerbonne explained this would provide Officer Good and him the opportunity to
contact Mr. Franks inside the store and if he fled, there would be another group of Officers set in
place to intercept him. Officer Nerbonne recalled these tactics and plans being formulated and
communicated between Officers on scene and that no employees were asked to assist.
Officer Nerbonne advised he and Officer Good contacted Franks inside of the store with their
firearms drawn. Officer Nerbonne recalled telling Franks that Officers knew he had a gun, do not
make any sudden moves and if he reached for anything he would be shot. Mr. Franks
responded by putting his hands up, dropping the basket he was holding and began backing up
and looking over his shoulders. Officer Nerbonne recognized this to be a pre-flight indicator.
Officer Good continued to issue several commands for Mr. Franks to get on the ground. Mr.

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Franks ignored those commands and began to flee towards the front entrance. Officer
Nerbonne advised he lost sight of Franks momentarily as he fled due to the fact he had stopped
to holster his firearm. He also advised there were clothing racks in the store that obstructed his
view, but he never lost sight of Officer Good and estimated he was five to six steps behind him.
Officer Nerbonne recalled coming around a clothing rack when he observed Mr. Franks fall to
the ground and Officer Good jumping on top of him.
Officer Nerbonne advised he jumped on Franks and based on updates that had been provided
that indicated the gun was last seen in Mr. Franks’ waistband, he immediately focused his
attention to Mr. Franks’ waistband. As they went to the ground, he viewed the “pistol grip” of the
handgun sticking out of his pants. Officer Nerbonne removed that handgun out of Mr. Franks
waistband and threw it behind him, out of reach of Mr. Franks.
When asked if he was aware of anyone else being present as the altercation unfolded, Officer
Nerbonne advised “I recalled seeing a flash of clothing coming in, but I’ll tell you, I had tunnel
vision throughout this whole thing. My main focus at that point, I was in fear for my life.
Obviously this guy is armed; he’s a fleeing suspect at this point. There’s a gun in play and he’s
clearly showing the intent to flee. He’s showing the intent to fight and I’m trying to focus on
getting the gun out of play that way I don’t get hurt, that way my partner doesn’t get hurt, making
sure no patrons and the security of the public is going to be safe and no one is going to get hurt
by the firearm.” (timestamp 11:25- 11:56 Nerbonne Intv).
Officer Nerbonne went on to advise once he removed the gun from Mr. Franks’ waistband, he
recalled looking down at Franks’ hands because Franks was still on his stomach and his hands
were balled up underneath his body. Officer Nerbonne advised he communicated the presence
of the gun to Officers by yelling “gun, gun, gun” because other Officers were coming into the
store to assist due to the fact Sgt. Gillis had communicated over the radio that Franks was
fleeing.
Officer Nerbonne advised based on the fact Franks was still actively resisting, he believed
Franks still posed a threat to Officers and civilians inside of the store.
Officer Nerbonne stated at that point he recalled Officer Good pulling Franks’ right arm out from
under him and was trying to secure it behind Franks’ back. Officer Nerbonne could see Franks’
arm tensing up as Officer Good was attempting to secure it behind Franks’ back. He saw
Franks’ attempting to pull his hand towards his right side, still actively resisting. As a result,
Officer Nerbonne stated he began delivering several closed fisted strikes to Mr. Frank’s kidney
area and right rib cage. Officer Nerbonne estimated he delivered approximately 4-5 strikes and
on what he believed to be the third strike he felt his fist bounce off of something hard. In
response, Officer Nerbonne immediately lifted Mr. Franks’ shirt up at which time he observed an
additional handgun in the waistband of his pants and removed it.
Officer Nerbonne advised he recalled additional Officers responding inside of the store, but
could not recall how the altercation came to an end as he had realized he had broken his hand
from striking Mr. Franks’ side, where the second firearm was located.
Officer Nerbonne estimated the entire incident lasted approximately 30 seconds.

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When asked if he recalled an unknown male, Mr. Herndon, in plain clothes identifying
themselves to Officers, Officer Nerbonne advised, “I saw a plain clothes male in the pile with us
afterwards, but he never identified himself." (timestamp 15:55 Nerbonne Intv). He stated he did
not notice Mr. Herndon until he saw Mr. Franks get handcuffed. At that point he had stood up
and realized his hand was broken and that was when he observed Mr. Herndon.
Officer Nerbonne recalled medical being called to the scene and providing care.
When questioned if he had battered or used excessive force on Mr. Herndon, Officer Nerbonne
advised, to his knowledge, he never touched Mr. Herndon.
Officer Eduardo Vega (3N31) Interview:

On 03/4/2019, I conducted a formal interview with Officer Eddie Vega regarding this incident. The
Officer Vega advised he recalled the incident at Sportsman’s Warehouse. He remembered

Dispatch providing details of a Petit Larceny in progress where the suspect had been seen
concealing items to include ammunition, dropping a firearm and concealing himself inside of
clothing racks. Officer Vega also remembered a total of three suspects being reported, with one
inside of the store, Mr. Franks, and two outside of the store, Mr. Coboy and Ms. Powell. He also
recalled the fact patrons were inside of the store and given the details being provided, feared
the suspect was preparing to engage in an active shooter type situation, with Mr. Conboy and
Ms. Powell acting as lookouts.
Officer Vega remembered Sgt. Gillis asking Dispatch to find out if Sportsman’s Warehouse
personnel had a “safe word” to get people out of the store or to the back of the store for their
safety, but they did not.
Officer Vega advised he responded to the front of Sportsman’s Warehouse and was with Officer
Russo and two other Officers who had contacted and detained Mr. Conboy and Ms. Powell. He
did not recall any employees from Sportsman’s Warehouse contacting them out in front of the
store.
Officer Vega recalled other Officers had taken up positions at the rear of the store and a plan
being formulated over the radio regarding contacting the suspect inside of the store. He did not
recall employees being asked to assist in apprehending Mr. Franks, adding “they were told to
avoid it.” He then heard it communicated that Officers from the rear of the store, Officers Good
and Nerbonne, were contacting Mr. Franks and shortly thereafter that Mr. Franks was running.
Officer Vega advised he and Officer Russo reacted by entering the store. He saw the suspect
running towards the front of the store and a mannequin flying in the air. He and Officer Russo
ran towards that area and he recalled seeing the suspect on the ground with Officers Good and
Nerbonne on top in a “dog pile” by the time he got to them. He heard the two Officers yelling
that he, Mr. Franks, had a gun.
Officer Vega advised he was not able to see the suspect’s hands and described the male he
saw as a white male wearing a tan shirt and blue jeans. He advised he saw Officers struggling

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with Mr. Franks and recalled seeing patrons in the store as he focused his attention on the
suspect and not getting shot. He stated at the time he believed the suspect still posed a threat
to everyone and as a result delivered a kick to “the suspect Justin Franks’ head.” Officer Vega
advised the kick was not effective in stopping Mr. Franks from resisting while being taken into
custody. As a result, he placed a knee in the back of Mr. Franks and attempted to grab the gun
he saw in the back of Mr. Franks’ waistband. Officer Vega advised he did not feel he would
have been able to remove the gun without discharging it from the position he was in and
communicated to everyone there was a gun in Franks’ pants he could not remove. Officer Vega
believed someone else retrieved the weapon but could not recall who.
• It is noted, upon review of the digital photographs associated with this event, Mr. Franks
was observed to have a black scuff mark to the left side of his forehead/hairline. This
appears consistent with Officer Vega’s recollection of kicking Mr. Franks in the head.
Officer Vega advised he did recall other Officers being there with him, but had “tunnel vision on
the suspect.” He couldn’t recall how long the incident lasted, but recalled it coming to an end
with Mr. Franks being placed into custody. Officer Vega stated he believed it took a total of five
Officers to finally place Franks into custody.
When asked if he recalled another unidentified male being present, Officer Vega advised once
he heard Sgt. Gillis activate his taser, he stood up to avoid being tased and that was when he
noticed another male. He couldn’t recall if the male was wearing anything identifying him as a
Sportsman’s Warehouse employee or as security and could not recall if the male ever identified
himself as such.
Officer Vega recalled medical being called to the scene and providing treatment.
Officer Vega was able to clearly articulate what a battery is and advised he never touched Mr.
Herndon or had any interaction with him subsequent to the incident.
Officer Daniel Russo (3N61) Interview:

On 3/11/2019, I conducted a formal interview with Officer Daniel Russo regarding this incident. The
Officer Russo was able to recall the incident at Sportsman’ Warehouse. He recalled the call
being broadcasted over the air by Dispatch regarding a suspect, Mr. Franks, concealing items
inside of the store. The person reporting advised they had observed the suspect dropping those
items as well as a handgun. Officer Russo advised he was directed to respond to the front
entrance of the store to make sure no one else entered the store and to provide containment in
the case Mr. Franks fled. Officer Russo advised he was with Officer Vega and they were
positioned to the south of the front entrance doors. He further advised he was able to observe
several patrons inside of the store from his position, but advised no one entered or exited the
store while they were there.
Officer Russo remembered a total of three suspects being reported at one point, with one inside
of the store and two others outside of the store. Officer Russo believed with all of the details
being broadcasted in regards to Mr. Franks being armed and the fact Mr. Franks was seen

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loading ammunition into his pockets, Mr. Franks might have been intending on loading the gun
and turning it on employees or innocent bystanders inside of the store or possibly committing
some other type of criminal act.
Officer Russo remembered hearing Sgt. Gillis come over the radio and asking Dispatch to tell
Sportsman’s Warehouse employees and citizens to shelter in place in the back of the store to
get out of harm’s way.
When asked if he was aware of other Officers responding to the call, Officer Russo advised he
believed the majority of the squad had responded at some point. He remembered it being
communicated that two other Officers had responded to the front parking lot area and contacted
the two other suspects, Mr. Conboy and Ms. Powell. He also recalled a plan being broadcasted
by Sergeant Gillis that he, along with a couple of other Officers would enter Sportsman’s
Warehouse from the rear of the store and contact Mr. Franks where he was seen on camera.
Officer Russo did not recall having any contact with any Sportsman’s Warehouse employees at
this point and did not recall there being a request made for Sportsman’s Warehouse employees
to assist in contacting or apprehending Mr. Franks.
Officer Russo recalled a broadcast from the Officers inside advising they would be attempting to
contact Mr. Franks. Shortly thereafter, he heard a broadcast advising Mr. Franks was running
towards the front of the store. Officer Russo advised that he ran inside of the store with Officer
Vega to assist.
When he entered the store, he initially saw Mr. Franks heading towards the front of the store,
and then he disappeared from his view. He and Officer Vega ran over to find a “dogpile” of
numerous Officers on the floor. He observed two bodies, not in police uniforms and didn’t know
if one or both were suspects as he was not certain every suspect had been accounted for and
or detained. He recalled seeing Officers struggling with a bald white male who was on the
bottom (Mr. Franks) and trying to get him into custody. He also saw a gun on the ground. He
immediately attempted to hold Mr. Franks down and grabbed an arm at which time he observed
a hand reach backwards. Officer Russo then observed a gun in Mr. Franks’ waistband and
heard someone yell “gun, gun.” As a result of Mr. Franks continuing to struggle and possibly
attempting to reach for the gun in his waistband, Officer Russo advised he punched Mr. Franks
in the face twice, which was not effective in obtaining immediate compliance.
When asked what the person he punched was wearing or looked like, Officer Russo advised he
was not able to see what Mr. Franks was wearing, but only saw his head and described him as
being a white male with a bald head.
Officer Russo advised Officers were still struggling and attempting to get Mr. Franks into
custody and recalled Sgt. Gillis pulling his taser which caused Officer Russo to flinch backwards
in an attempt to avoid being tased. Officer Russo then recalled the other male that was not an
officer (Mr. Herndon) that was on top of Mr. Franks, say something to the effect of being an
employee (he could not recall the exact words) at which time Officer Russo picked him up and
drug him backwards out of the altercation.

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Officer Russo could not recall how long the altercation lasted. He did recall medical being
requested and treatment being provided.
Officer Russo advised at no time did he use force on Mr. Herndon or did he have any contact or
conversation subsequent to this incident.
Officer Alex Nelson (3N22) Interview:

On 03/4/2019, I conducted a formal interview with Officer Alex Nelson regarding this incident. The
Officer Nelson reviewed the notes from the original call for service and advised he recalled this
incident. He was at Sunset Station located across from Sportsman’s Warehouse when the call
for service came out. He remembered a white male adult was reportedly concealing ammunition
in his pockets and during the incident a gun fell out of his pocket. Officer Nelson recalled these
details being broadcasted over the air by Henderson Dispatch along with the fact there were
several patrons inside of the store and a total of 3 suspects involved; one inside of the store and
two outside by their vehicle.
Officer Nelson, in his mind, was concerned that if things “went sideways or badly” the suspect,
Justin Franks, had the ability to take hostages or cause harm to citizens shopping inside of the
business when police arrived.
Office Nelson remembered Sgt. Gillis giving directives to Dispatch to relay to Sportsman’s
Warehouse Loss Prevention, who was the Person Reporting, to have employees get to the back
of the store away from the suspect and to see if police could enter through the back of the store.
Officer Nelson advised he and Officer Hemenway arrived first and responded to the front
parking lot area on the north side of the store to detain the two additional suspects, Mr. Conboy
and Ms. Powell, who had been seen with Mr. Franks and were waiting outside by the truck they
arrived in. He did not recall being contacted by any Sportsman’s Warehouse employees while
they were detaining the aforementioned suspects.
Officer Nelson heard updates being broadcasted indicating that Officers were responding to
Sportsman’s Warehouse. He recalled an advisement that several Officers arriving from the back
of the store were going to be contacting the suspect, but his attention at the time was focused
on the two suspects he and Officer Hemenway had detained. Officer Nelson did not see any
other Officers towards the front parking lot area other than Officer Hemenway. The next
advisement Officer Nelson heard was “he’s running” at which time Officer Nelson, not able to
see any additional Officers set up on the front of Sportsman’s Warehouse, ran up to the front of
the business in an attempt to assist.
Officer Nelson then entered the store at which time he scanned the store in an attempt to locate
fellow Officers and Mr. Franks. Officer Nelson observed several patrons whose attention was
drawn to an aisle to the north of where he entered. He ran over to find approximately four
Officers actively struggling with someone on the ground, attempting to get a hold of hands and
saying, “stop resisting.” He wasn’t able to see what the subject who struggled with Officers
looked like and did not recall seeing any weapons.

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Officer Nelson moved to the right side of the altercation and began attempting to pull on and
gain control of the suspect’s right arm from under his body. As he pulled on the suspect’s arm,
the suspect resisted and pulled his arm back under his body. Officer Nelson then used
overwhelming force and delivered two closed fist strikes to the right rear side of the suspect’s
head. He then heard someone yell, “gun, gun, gun” and observed the suspect continue to pull
his hands under his body.
Officer Nelson sated he recalled the altercation coming to an end when the male, who he
believed to be the suspect and delivered strikes to, was later identified as Sportsman’s
Warehouse employee James Herndon, rolled over saying, “I’m one of you guys.” It was at this
time Officer Nelson was able to see another male who had been under Mr. Herndon (Mr.
Franks) whom Officers began placing into custody.
Officer Nelson advised, Mr. Herndon was not wearing anything identifying him as a Sportsman’s
Warehouse employee or security and due to body positioning; he was not able to see there was
in fact another body, Mr. Franks, underneath Mr. Herndon.
Officer Nelson estimated the incident lasted approximately 30-45 seconds. He did recall medical
being requested to the scene and aid being rendered.
Officer Nelson was able to articulate a battery being a willful and unlawful use of force upon the
person of another. When asked if he had willfully and or maliciously used force or intended to
cause harm to Mr. Herndon when he delivered two closed fist strikes to his head, Officer Nelson
stated he did not as he believed him to be the armed suspect at the time.
Officer Nelson advised he did not have any further contact or conversation with Mr. Herndon
subsequent to the conclusion of the altercation.
Officers Reports Review:

A review of the aforementioned Officer’s reports documenting their role in this incident was consistent
with their respective interviews.
Each of the Officers articulated that directives had been conveyed via Dispatch to the person reporting,
Sportsman’s Warehouse Loss Prevention manager Mr. Hagood, to have employees move back and
away from the suspect and that no employees had been requested to assist in the apprehension of Mr.
Franks due to him being armed.
Officers Good, Nerbonne, Vega and Russo all advised they did at some point utilize overwhelming
force, but that force was directed solely to Mr. Franks. Officer Nelson did advise he used overwhelming
force on Mr. Herndon by punching him the head twice. However, at the time, he was not able to
recognize that Mr. Herndon was not a suspect due to the fact he had not physically or verbally identified
himself as being otherwise. Once Mr. Herndon identified himself, Officer Nelson had no additional
contact with him and directed his attention to the actual suspect, Mr. Franks.

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Furthermore, each of the Officers recognized they had not only a lawful right to be at the Sportsman’s
Warehouse, but a duty to detain the suspect who was reported to be armed and acquiring ammunition
in a store full of customers.
Witness Statements Review:

A review of Witness Statements provided by citizens who were inside of the store at the time the
incident occurred was conducted. Each of the statements were similar in that they all communicated
they saw the suspect run from the police inside of the store and get taken to the ground. Two also
indicated they heard the police give commands to the suspect which he did not follow.
A review of Witness Statements provide by store employees articulated details that were consistent
with information being provided to Henderson Dispatch and Officers who were responding to the theft in
progress at Sportsman’s Warehouse to include the presence of a firearm.
Employee Xane Ash (Softgoods Manager) was initially in the Loss Prevention Office watching Mr.
Franks concealing items. He articulated in his statement that once the firearm fell out of Mr. Franks’
waistband, “Jeremy Hagood then called 9-1-1 to alert the authorities since the situation, by store
protocol, was too unsafe for store employees to handle alone.”
Mr. Ash was identified as the employee who provided Officers entry through the rear of the store and
was on the floor when he heard the commotion. He went to the front of the store to Customer Service to
have the employees get to the back area for their safety and then headed towards the area where
Officers were to keep customers and employees away. He noticed Mr. Herndon sitting on the ground
and bleeding from injuries.
Employee Patrick Jensen (Hardgoods Manager) was also in the Loss Prevention Office assisting with
the controls on the surveillance camera while Mr. Hagood was on the phone with Henderson Dispatch.
He also articulates the presence of a firearm.
Mr. Jensen detailed the suspects’ movements and items taken. He then advised seeing the suspect run
from the police and panned the camera to find Officers in an altercation with the suspect. Mr. Jensen
exited the office to help keep customers back or be of any assistance. He arrived to find Mr. Herndon
trying to climb off of the suspect out from under Officers. He helped Mr. Herndon as he was being
removed from the “pile” and observed him to be injured.
Employees Jeremy Hagood (Loss Prevention Manager) confirmed he was the reporting party to
Henderson Dispatch and detailed watching Mr. Franks the day prior stage items to steal as well as the
theft in progress he was monitoring from CCTV on 01/14/2017. He advised Dispatch of the presence of
a firearm as well as two additional suspects and a truck which were involved.
Mr. Hagood also corroborated that Franks failed to comply with Officers and began to flee through the
store at which time he was tackled and was underneath Mr. Herndon. Mr. Hagood then exited the
camera room and responded to the area where Officers were.
Employee Max Takahashi-Brummer (Retail Associate) advised he was behind the gun counter when he
observed several Officers throughout the aisles. He heard a loud crash and saw 2 or 3 Officers tackle a
male and saw them struggling with that male. He saw several other Officers who had come to help the

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Officers who were fighting with the male on the ground and articulated hearing Officers yelling that
there was a gun as well as hearing a taser “go off.”
Employee James Herndon (Assistant Hunting Manager) detailed 3 suspects and their descriptors in the
store, one of whom had tried to steal merchandise the day prior.
Mr. Herndon advised he was watching the suspects on CCTV as well in the Loss Prevention Office and
detailed what he saw Mr. Franks take. He also documented that Mr. Conboy and Ms. Powell had been
in contact with Franks inside of the store prior to exiting and waiting by the truck they arrived in.
Mr. Herndon advised seeing a firearm fall from the rear waistband of Mr. Franks’ pants and the fact Mr.
Hagood contacted Henderson Police and provided them with continual updates. He also confirmed that
he observed two police vehicles had gone to the front parking lot area to contact Mr. Conboy and Ms.
Powell.
Mr. Herndon documented that he was walking by the cash registers towards Clothing when the Officers
attempted to contact Mr. Franks. The Officers were “out of his line of sight” but he heard them shouting
for the suspect to stop at which time he saw the suspect running in his direction. Mr. Herndon saw the
suspect run into a clothing fixture and fall at which time he jumped on top of him “securing his right
hand” and shouting at him to “show his hands.” Mr. Herndon also advised that the two Officers who
were in the store were on top of the suspect (Mr. Franks) as well and that he then felt additional
Officers there. He described instructions being shouted, being struck in the head repeatedly, someone
grabbing his head and twisting it and then striking him with a knee or fist. He shouted, “The bad guys
on the bottom” several times, but got struck again. He then felt like he got tased and then struck again
prior to being pulled off of the “pile.”
He then recalled being moved to the Loss Prevention Office where he was assessed by Henderson
Fire Department.
Sergeant Gillis (S651) Report Review:

Due to Sergeant Gillis no longer being employed by The City of Henderson Police Department, an
interview was not conducted. However a review of his report was conducted.
The majority of Sergeant Gillis’ report coincided with Officer’s recollection of events in regards to
updates being provided. He also articulated the details of the pre-planning and positioning of Officers
as well as his fear for the potential of an active shooter or armed Robbery and Sportsman’s Warehouse
employees’ and customers’ safety which resulted in directives being relayed to Sportsman’s
Warehouse personnel to have employees and customers move towards the back of the store and away
from the suspect. Sergeant Gillis also corroborated that he made entry with Officers Good and
Nerbonne through the rear of the store.
Once Officers Good and Nerbonne went to contact Mr. Franks, Sergeant Gillis advised he took a 90
degree position from them a few aisles over and began his approach with his M4 rifle in hand. Once Mr.
Franks fled, Sergeant Gillis came over the radio advising of a foot pursuit and gave chase. As he
rounded a rack of clothing, he observed Officers in a physical fight on the ground. There was a white
male in civilian clothing (jeans) face down on the floor struggling with his arms under his body. Officers
Good and Nerbonne appeared to be fighting with the male who appeared to be on top of an Officer.

HPD 0076
Officers Russo and Vega were on top of the male attempting to pulls his arms out from under him and
Sergeant Gillis heard, “Drop the gun!” “He’s got a gun!” He’s got two guns!”
Sergeant Gillis articulated his fear for his Officers, as well as others, based on the fact the male, who he
believed to be the suspect, continued to fight with Officers and it had been communicated he was in
possession of firearms. Sergeant Gillis feared someone could get shot. He turned his M4 rifle around
with the safety “on” and delivered one strike with the “butt” of his rifle to the “rear torso/upper back area”
of the male in an attempt to temporarily incapacitate him so he could be taken into custody. The male
simultaneously raised his head which caused the “butt” of the rifle to skip the back of his head and
impact on his rear torso. This caused him to “flinch, but he never gave up his grasp with his arms under
his body.”
Sergeant Gillis then delivered two knee strikes to the male’s upper torso which also proved ineffective
in getting the suspect to comply. Sergeant Gillis then transitioned to his taser at which time he
attempted a “probe” deployment to no avail. He then delivered a contact tase to the suspect’s torso
which he also believed failed. The male then immediately responded by rolling back, showing his hands
and stating “I’m with you guys” and something to the effect of “I’m the store manager.” Officer Russo
removed the male, identified shortly after the altercation to be Sportsman’s Warehouse store employee
James Herndon, out of and away from the altercation.
Sergeant Gillis then observed the actual suspect, Mr. Franks, on the ground who was being handcuffed
by Officers.
Sergeant Gillis wrote that Mr. Herndon had no identification or clothing designating him as an
employee. Furthermore, he believed employees had followed the directive of sheltering in place
towards the rear of the store.
Realizing the male he first believed to be the suspect was an employee, sergeant Gillis requested
medical to render aid to Mr. Herndon. Mr. Herndon refused transport or treatment.
After the incident, Sergeant Gillis spoke with Mr. Herndon who advised him, “I used to be a cop. I guess
I got caught up in the moment. And I knew he had a gun. I was trying to grab his hands so he couldn’t
grab the gun.”
Sergeant Gillis made notification to his supervisor and reviewed video surveillance.
• It is noted Sergeant Gillis articulated his concerns in regards to Sportsman’s Warehouse

employees interfering with police tactics during a similar incident from 12/12/2017 under DR#17-
24079 in which suspects had been concealing ammunition and one was armed. Sportsman’s
Warehouse employees were told by police to stay away from the suspect as Officers were on
scene and waiting for him to exit the store. An employee intervened just prior to them exiting
and caused the armed suspect to back into the store. This appeared to be the incident Mr.
Herndon was referring to in his initial phone interview with Investigator June Castro.
Radio Traffic Review:

A review of the Officers’ radio traffic was relatively consistent with what had been articulated during
their interviews as well as what had been documented in their respective reports.

HPD 0076
At 01:38 into the audio file. Sgt. Gillis was heard asking Dispatch to stay on the phone with Sportsman’s
security so they could advise when the suspect was walking out and Officers could contact him outside
of the store.
• This was not noted in the call for service notes, any reports or recalled during any of the Officer
interviews. At 04:45 Sgt. Gillis once again articulates the same intent of contacting the suspect
outside when airing additional instructions to incoming units.
At 10:19 into the audio file, Sgt. Gillis is heard communicating instructions to Officers inside of the store
regarding them contacting Mr. Franks inside of the store rather than outside.
9-1-1 Radio Traffic Review:

A review of the 9-1-1 radio traffic was relatively consistent with the details listed in the call for service.
Mr. Hagood (Sportsman’s Warehouse Loss Prevention) was on the phone with Dispatch for
approximately 12 minutes and 31 seconds prior to disconnecting once Officers make contact with Mr.
Franks.
Use of Force Review:

A review of the use of force was conducted by The Henderson Police Department Use of Force
Training and Analysis Bureau. The review revealed that Officer’s actions were reasonable and in-line
with Henderson Police Department training and policy and procedure reference in DP300- Use of
Force.
Officer Luke Good has not had any other sustained cases pertaining to Excessive Force in the past
three years.
Officer Daniel Nerbonne has not had any other sustained cases pertaining to Excessive Force in the
past three years.
Officer Eduardo Vega has not had any other sustained cases pertaining to Excessive Force in the past
three years.
Officer Daniel Russo has not had any other sustained cases pertaining to Excessive Force in the past
three years.
Officer Alex Nelson has not had any other sustained cases pertaining to Excessive Force in the past
three years.
Sergeant Michael Gillis has not had any other sustained cases pertaining to Excessive Force in the
past three years.
The aforementioned incident(s) may be a violation of the following for Officer Luke Good:
Henderson Police Department Policy Manual
DPM1094.4 – Code of Conduct – Use of Force- Excessive use of force. (Class 5)

HPD 0076
Officers will only use the force necessary to affect an arrest or protect themselves or other persons
from injury or death.
The aforementioned incident(s) may be a violation of the following for Officer Daniel Nerbonne:

The aforementioned incident(s) may be a violation of the following for Officer Eduardo Vega:

The aforementioned incident(s) may be a violation of the following for Officer Daniel Russo:

The aforementioned incident(s) may be a violation of the following for Officer Alex Nelson:

The aforementioned incident(s) may be a violation of the following for Sergeant Michael Gillis:

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

HPD 0076
INVESTIGATOR: Sgt. L. Lakteen #1253 DATE: 3/14/2019

Gillis Uses Rifle Strikes Against Store Manager

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HENDERSON POLICE DEPARTMENT

Investigator(s): Sgt. L. Lakteen #1253

Call For Service:

James Herndon Phone Interview:

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

• It is noted no complaint regarding this incident (DR#17-24079) could be located.

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

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

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

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

Surveillance Video Review:

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

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

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

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

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

At 20 seconds in, Officer A. Nelson was observed contacting Officers.

Digital Photo Review:

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

Officer Luke Good (3N32) Interview:

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

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

Officer Daniel Nerbonne (3N42) Interview:

Officer Nerbonne recalled being dispatched to Sportsman’s Warehouse reference Loss

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

Officer Nerbonne estimated the entire incident lasted approximately 30 seconds.

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

Officer Eduardo Vega (3N31) Interview:

Officer Vega advised he recalled the incident at Sportsman’s Warehouse. He remembered

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

Officer Daniel Russo (3N61) Interview:

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

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

Officer Alex Nelson (3N22) Interview:

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

Officers Reports Review:

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

Witness Statements Review:

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

Sergeant Gillis (S651) Report Review:

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

• It is noted Sergeant Gillis articulated his concerns in regards to Sportsman’s Warehouse

Radio Traffic Review:

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

9-1-1 Radio Traffic Review:

Use of Force Review:

Henderson Police Department Policy Manual

DPM1094.4 – Code of Conduct – Use of Force- Excessive use of force. (Class 5)

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

Henderson Police Department Policy Manual

DPM1094.4 – Code of Conduct – Use of Force- Excessive use of force. (Class 5)

Henderson Police Department Policy Manual

DPM1094.4 – Code of Conduct – Use of Force- Excessive use of force. (Class 5)

Henderson Police Department Policy Manual

DPM1094.4 – Code of Conduct – Use of Force- Excessive use of force. (Class 5)

Henderson Police Department Policy Manual

DPM1094.4 – Code of Conduct – Use of Force- Excessive use of force. (Class 5)

Henderson Police Department Policy Manual

DPM1094.4 – Code of Conduct – Use of Force- Excessive use of force. (Class 5)

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

INVESTIGATOR: Sgt. L. Lakteen #1253 DATE: 3/14/2019

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

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