AR-15-wielding man shot dead by police had 3 times legal alcohol limit in system

A man shot dead by a North Las Vegas police officer in his own backyard while he was wielding an AR-15 had nearly three times the legal limit of alcohol in his system, a police detective said during a fact-finding review Monday, citing a coroner’s report.

Darin Dyer, 38, was shot by North Las Vegas police Sgt. Paul Sanderson just before 10:30 p.m. on Sept. 24, 2022, following a brief exchange between the two men as the officer responded to a neighbor’s 911 call that very quickly escalated to a hostile Dyer swearing at the officer and grasping his own AR-15, police said. Sanderson then shot Dyer.

The 2022 shooting was described in the public hearing held in the Clark County Commission chambers. A fact-finding review, according to a statement from Clark County spokesman Erik Pappa, is held “when a police-involved death occurs and the District Attorney’s Office preliminarily determines that no criminal prosecution of the officer or officers involved is appropriate.”

The review consists of prosecutors from the Clark County district attorney’s office presenting witnesses while going over the facts of the incident, the statement said.

“The procedure for questioning witnesses is informal and intended to provide the public with relevant information about the use of force,” the statement said.

A presiding officer as well as an ombudsman who represents the public and the deceased’s family are selected by the county manager from lists approved by the commission. Both can also ask questions, as can the public.

In Monday’s review, North Las Vegas police Det. Aaron Snyder testified, while Spencer Judd presided. Deputy District Attorney Liz Mercer represented the DA’s office while Josh Tomsheck was the ombudsman. The hearing lasted about an hour. None of Dyer’s family or friends attended.

No time to talk

When Sanderson saw Dyer, who was already combative, take hold of the AR-15 and start to lift it, the officer felt as if he would be shot, police said. Sanderson then fired five rounds, Snyder said.

“Sgt. Sanderson explained that there was no time to talk Dyer out of his decision or to de-escalate the situation,” Snyder said.

It wasn’t known why Dyer was carrying an AR-15 in his backyard, North Las Vegas Police spokesperson Officer Brian Thomas said Monday.

Snyder said there had been a pool party with about 15-20 people at Dyer’s home in the 4300 block of Westmere Avenue in North Las Vegas, citing interviews with witnesses including Dyer’s fiancee, who was only identified in the hearing as X.D.

As the party wrapped up around 8 or 9 p.m., Dyer, who was drunk, got angry with X.D. for reasons she didn’t know as she was cleaning the backyard. X.D.’s brother, identified as G.C., told police things “started to get weird” and said he saw Dyer push X.D., Snyder said.

X.D. said Dyer was a social drinker who was working on controlling a past tendency of excessive binge drinking, according to Snyder. She also said Dyer had been diagnosed with PTSD, anxiety and depression from his time in the military, and was seeking therapy, Snyder said. She was unaware of Dyer taking any medication.

Blood alcohol content high

Citing a coroner’s report, Snyder said Dyer’s blood alcohol content was 0.22, and he also was positive for THC, the main psychoactive ingredient in marijuana.

Sanderson responded to the house after a neighborhood resident called 911 to report a man at the house “striking the glass door with a large metal pole,” Snyder said, with the caller stating it looked like somebody was trying to break in, according to the 911 call, which was played in the review.

Sanderson arrived at 10:26 p.m. to find Dyer in the backyard with the AR-15, Snyder said. Sanderson’s body camera footage was played in the hearing.

The footage, which is dark, captures Sanderson telling Dyer to keep the gun where he can see it. The footage appears to show Dyer placing his hand on his AR-15 before Sanderson fires.

Contact Brett Clarkson at bclarkson@reviewjournal.com.