Death of man involved in police shooting ruled suicide

By Dave Clark

Thursday, Oct. 30, 2008 | 7:20 p.m.

A Clark County Coroner's inquest jury found that the Aug. 24 death of a 30-year-old Henderson man during a police standoff was a suicide.

Police had said James Heitkotter shot and killed himself at his Greenway Road home at about 2 a.m. after first moving toward officers with a rifle pointed at them. Two officers fired at him, with one round piercing Heitkotter's lung.

Heitkotter was the husband of Jill Sweifach, who was also having a relationship with another housemate, Steven Fisher, according to testimony. Fisher described himself as Heitkotter's best friend and confidant. Fisher and Sweifach described a harrowing night during which Heitkotter suddenly snapped after going out for drinks and karaoke.

Upon returning home, Heitkotter and Sweifach were laughing and joking, rehashing the evening when he switched to unbridled rage, she said.

"He began verbally abusing me and insulting me," she said. "He flung his lit cigarette at my face."

Fisher said he heard Heitkotter yelling from upstairs, complaining about the couple's finances and attacking Sweifach for being a full-time student with no job.

Heitkotter then went outside as Sweifach tried to disengage from the argument. Once outside, Heitkotter threw himself into the closed door in anger, the housemates said.

"It wasn't him anymore," Fisher said.

He said at that point he felt the need to intervene. After Fisher and Sweifach went upstairs, they said Heitkotter attempted to follow and flicked another cigarette at Sweifach.

"He came upstairs, charging down the hall," Fisher said. "I pusher her out of the way. He slammed me up against the wall."

When Heitkotter began pummeling Fisher, Sweifach said, she called 911. Following the fight, Heitkotter came outside to Sweifach and told her she did not need to call the police anymore.

"He said, 'It's all worked out,'" Sweifach said.

She then informed him that she had already called. She said Heitkotter then looked at her and told her, "Goodbye, then."

Tearing up, she said she knew then that Heitkotter was going to kill himself with one of the three guns the couple kept in the house. He suffered from chronic depression, she said.

Three officers responded, all of whom testified that Heitkotter started to point his rifle at them before he was shot in response by police.

When police announced themselves at the door, Officer Johnny Flewellen said they heard a voice from upstairs telling them to go away. However, he said they could not, because they were obligated to check on his welfare.

After repeated calls for Heitkotter to leave the bedroom, the officers opened the doors. Flewellen said they found Heitkotter on the bed with his finger on the gun's trigger guard, and his gun pointed toward his mouth. Officer Raymond Wilkins said they repeatedly ordered Heitkotter to drop the gun to no avail.

"He got up off the corner of the bed and started to point the rifle in my direction," Wilkins said. "When he did that I fired one round."

At the same time, police said, he shot himself in his mouth. The round fire by Wilkins went into Heitkotter's right lung.

Forensic pathologist Gary Telgenhoff said the bullet Heitkotter shot traveled out the top of his skull and killed him instantly.

"When the officers yelled shots fired, I collapsed onto Steven. I knew instantly in my mind that James had shot himself," Sweifach said.

Wilkins said the entire episode from house entry to shooting took roughly two minutes. His shot, he said, was fired from a distance of six to eight feet.

"It was extremely close for a subject to be near anyone with a weapon like that," Wilkins said. "The odds of me surviving a round from a hunting rifle would be very slim."

Fisher said he did not think police could have done anything differently.

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