Man shot by Henderson police arraigned on felony charges

By Dave Toplikar

Published Monday, Jan. 23, 2012 | 10:29 a.m.

Updated Monday, Jan. 23, 2012 | 12:03 p.m.

A man who had been recovering in the hospital for about three weeks after having been shot by Henderson police in late December was arraigned on assault and weapons charges Monday morning in Henderson Justice Court.

Tony McNeill, 54, who faces felony charges for pointing a rifle at officers, appeared before Justice of the Peace David Gibson Sr. The judge asked McNeill if he understood the charges and could afford to hire an attorney.

“No, I can’t,” McNeill said.

Gibson told him he would be assigned a public defender and then said a preliminary hearing would be set for 9:30 a.m. Feb. 7.

“Uh, can I get an OR?” McNeill said, hoping to be released from the Clark County Detention Center on his own recognizance. His bail had been set earlier for $24,000.

“No,” Gibson said.

McNeill was charged with three felony counts of assault with a deadly weapon and three felony counts of discharging a firearm at a structure.

The shooting happened after McNeill’s mother, Charlene McNeill, contacted authorities when she heard gunshots Dec. 26 at the home she shared with her son and her husband.

She told officers that her son, who lived with her and and her husband, had a gun and was pointing it at himself.

The police report says Henderson Police Officers John Bellow, Kevin Perkins and Christopher Gerhard responded to the home in Country Hills condominiums at 698 South Racetrack Road, near Boulder Highway.

When the officers arrived, they stationed themselves about 30 feet away from the front door of the residence, the police report said.

Perkins said he saw the armed man come out of the condo holding a rifle, with its barrel pointed toward the ground. He then told the man to drop the weapon and surrender, but the man raised the rifle and pointed it toward the officers, the arrest report said.

The three officers all fired toward McNeil, the report said.

Keith Paul, a spokesman for the Henderson Police Department, said the three officers are currently on modified duty. He said they are not patrolling the streets but are doing administrative tasks, as the internal investigation continues.

McNeil was taken for his injuries to Sunrise Hospital, where he was placed under arrest. He has been discharged from the hospital and is currently being held at CCDC.