Attorney argues 'suicide by cop' in trial over shootout with police

At 4 feet 7 inches tall and with his world crumbling around him, Devin Monfils decided to end his life, but he couldn't pull the trigger on his snub-nose .38-caliber pistol, his attorney told a jury.

The alternative was to employ what has become to be known as "suicide by cop," Deputy Public Defender Jordan Savage said Wednesday during opening statements in Monfils' trial for attempted murder.

He fired bullets at a Jeep on Interstate 15, hitting a windshield post but missing the driver, and shot at an off-duty Citizens Area Transit bus driver, who stopped and called 911.

When Metro Police arrived, Monfils fired at least twice at them while hiding behind a utility pole on Industrial Road north of Tropicana Avenue. One bullet shattered a windshield and the other lodged in a dashboard, Deputy District Attorney L.J. O'Neale said.

The officers returned fire, but Monfils, 26, was only shot in the arm and was quickly apprehended.

The admission by Savage that Monfils committed "irrational and illegal behavior" by shooting at people and the police on Aug. 20 as part of a suicide scheme was aimed at countering five counts of attempted murder that require a specific intent to kill.

"The only individual he wanted to kill was himself," Savage said, describing his client as "mentally disturbed."

O'Neale didn't dispute that Monfils wanted to provoke police to kill him, but he told the jury in District Judge Sally Loehrer's courtroom that the defendant's shots could easily have been fatal to his targets -- indicating the required intent to kill.

O'Neale added that Monfils had a pocket full of bullets and already had reloaded his five-shot pistol once before police arrived.

And a bullet hole through the windshield of Officer Christopher Catanese's patrol car showed how close he came to tragedy in the early-morning shootout.

The veteran prosecutor noted that after the arrest, Monfils "indicated he hated his life, wanted to die and wanted the police to kill him."

While the jury could convict Monfils of attempted murder, it also could convict him of the lesser felony charge of assault with a deadly weapon.

When Monfils was first seen walking down Industrial Road about 5 a.m. he was seen pointing the pistol at his own head before training it on those who were watching him.

"He had lost all of his lifelines," Savage said, explaining that Monfils had left his job with an airline company because of being ridiculed and then his father suffered a stroke and had to move from Las Vegas.

"He will tell you of the difficulties living life as a 4-foot-7 individual," Savage said.

O'Neale said the trial will include experts talking about suicide-by-cop.

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