Las Vegas Sun

April 19, 2014

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Suspect shot in December by Metro Police now under indictment

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Jose Aguilar

A man shot last month as Metro Police officers were trying to arrest him is now under indictment.

A Clark County grand jury today returned an indictment charging Jose Aguilar, 40, Las Vegas, with five counts of assault with a deadly weapon and one count of resisting a public officer with a deadly weapon.

The charges stem from a Dec. 16 incident in which police say Aguilar pulled a shotgun at officers at his home near South Pecos Road and East Harmon Avenue.

Today’s indictment moves Aguilar’s case from Las Vegas Township Justice Court to Clark County District Court, where Aguilar is scheduled to be arraigned on Feb. 13.

A Metro arrest report indicates the following:

On the night of Dec. 16, a man called Metro reporting that his roommate, Aguilar, was threatening to commit suicide by injecting himself with insulin for a dog. When officers arrived and called to Aguilar in the house, he sounded as if he was beginning to drift off.

His roommate said Aguilar, 39, had already injected himself with poison.

After officers called out to him several more times, Aguilar descended the stairs, pointing a shotgun at the officers, the report said. Police retreated outside and attempted to coax Aguilar outside. Eventually, he stepped outside carrying the shotgun and waved it at the officers, the report said.

Police then ordered Aguilar to lie on the ground and to put down the shotgun. Aguilar complied after multiple orders, but when the officers approached him, he jumped up and reached for his gun.

Two officers fired shots, hitting Aguilar in the lower body. Aguilar attempted to jump up again a second time, but an officer was able to knock him to the ground and arrest him.

The injuries were not life-threatening, Metro reported.

Aguilar's attorney, Karen Winckler, was in court today when the indictment was handed up. Afterward, Winckler said she took issue with some of the facts as presented by Metro. In particular, she said her client never jumped up again and waived the gun. If that were true, Aguilar would have more than just a ankle wound – he would be dead, Winckler said.

She said her client is receiving counseling and looking to become educated in another field since Clark County School District terminated his employment and will not rehire him.

Aguilar is free on bond.

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