Death of man shot by both police and himself under investigation

By Dave Clark

Tuesday, Oct. 28, 2008 | 10:38 a.m.

A coroner's inquest will be conducted Thursday into the death of a Henderson man who police say shot himself in the head as two officers fired at him.

Henderson Police said 30-year-old James Heitkotter was moving toward two officers inside a residence on Greenway Road on Aug. 24 when he was shot.

The coroner's office ruled the manner of death a suicide from a gunshot wound to the head. But a gunshot wound to the chest was also characterized in the coroner's report as a "significant condition."

Clark County Assistant Coroner John Fudenberg said the process of determining whether to hold an inquest took longer than usual, given the circumstances of the case. Despite the apparent suicide, he said, one of the gunshot wounds from an officer was involved in Heitkotter's death.

The inquest is set for 9 a.m. at the Regional Justice Center before Henderson Justice of the Peace Stephen George. A seven-member jury will be asked to determine if the officers' actions were justified.

Police said three officers arrived at a home near College and Horizon drives about 2:20 a.m. after a fight was reported between Heitkotter and a roommate.

Officers located Heitkotter in a bedroom with the doors closed, and he refused to come out, police said. When the officers opened the door, police said, they found Heitkotter sitting on the bed with a rifle pointed at his head.

Before the shooting, police said, Heitkotter ignored orders to drop his gun. Within moments, Heitkotter got up and moved toward the officers with the rifle in his hands, police said.

At the inquest, an assistant district attorney will paint a picture of what happened, drawing on testimony from witnesses, police officers, medical examiners and crime scene analysts.

Dave Clark can be reached at 990-2677 or [email protected].