Las Vegas Sun

March 28, 2024

Police say no crime in shooting case

A Las Vegas woman didn't commit a crime when she shot and killed her neighbor, who broke through her ceiling to evade police, Metro Police investigators said Wednesday.

The woman had just walked out of the shower on Tuesday when 31-year-old Felipe J. Starks came crashing through her ceiling. Police say he was running as officers tried to arrest him on charges that he broke in and burglarized the woman's apartment in April.

The woman got her gun and shot him several times, police said.

In April, Starks had burglarized the woman's apartment, in the 1400 block of Sandhill Road near Owens Avenue, and she bought a gun to protect herself and her three children, police said.

Police investigators will forward the case to the Clark County district attorney's office, but say the woman didn't commit a crime.

"The fact is, one is allowed to defend themselves if they are in reasonable fear for their life," Homicide Lt. Tom Monahan said. "I think most reasonable people would agree that if they were just getting out of the shower and a burglar crashed through their ceiling, they would be in fear for their life."

About 4 p.m. Tuesday, plainclothes officers from Metro's northeast area command showed up at Starks' apartment to arrest him on a warrant for that April burglary and a parole violation.

Starks' wife let the officers inside their two-story apartment, and they heard a noise coming from upstairs: Starks had climbed into a crawl space that connects his apartment with his neighbors' to flee, Monahan said.

Starks had allegedly broken the walls that separate his crawl space from his neighbors' apartment, allowing him access to their apartments.

"He's thinking he can escape through her apartment," Monahan said.

But he burst through the woman's ceiling at the top of the stairs, just outside the bathroom. Monahan said he wasn't certain if his body weight caused him to fall or if he intentionally broke the ceiling.

"It happened almost right in front of her," Monahan said. "She's nude and she just got out of the shower."

The woman dashed into the bedroom to get her small-caliber handgun and shot him several times. Starks ran back to his apartment, where officers arrested him and took him to University Medical Center, where he died.

Police are putting together an investigative report of the incident, Monahan said, which they will send to the district attorney's office. Prosecutors will make the final decision as to whether to file charges against the woman, Roger said.

Metro Police investigate five or six self-defense shootings by citizens per year, and only one in recent memory resulted in criminal charges against the shooter, Monahan said.

In that case, the shooter ultimately received probation as a punishment.

According to Nevada law, a person is justified in using deadly force if he or she is "reasonably and actually" fear for their life, Clark County District Attorney David Roger said.

In October 1998, two men broke into Thomas Gaule's Las Vegas home and attacked him with stun guns. Gaule broke away, got a shotgun from the house and fired at the intruders.

Both intruders fled, and one died in Gaule's driveway. Gaule chased the other intruder about 500 feet down the street before killing him.

Gaule was convicted of voluntary manslaughter in connection with the death of the man he chased and was placed on probation. Authorities found no wrongdoing in connection with the shooting of the other man.

"The difference being, there was no fear for his life as (the intruder) was running away," Monahan said. "That jeopardy left when the intruders left."

Neighbors who ventured out of their homes Wednesday at the apartment complex said they were terrified of the neighborhood. They said it is filled with gangs and drugs at night.

"We need security guards in this place," resident Linda Ray said.

The complex includes beige buildings with stucco falling off some of the walls. The lawns are brown and dead. Children peeked shyly out of doors opened a crack Wednesday.

Most of the residents are low-income, senior citizens or disabled, Ray said.

Sun reporter

Mary Manning contributed to this story.

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