OIS Report Released

WCDA Report Released Detailing August 22, 2020 Officer Involved Shooting Incident of Justus Aceves

Washoe County District Attorney Chris Hicks has determined that the August 22, 2020, Officer Involved Shooting (OIS) of Justus Aceves by Reno Police Department Officer Robert Hanna was justified under Nevada law.

Consistent with this office’s ongoing public reporting on all OIS cases, District Attorney Hicks has released a detailed 28-page report containing the facts of the case, photographs, identification of those involved, witness accounts, and the legal analysis supporting the case’s conclusion.  This determination is based on an extensive review of the investigation conducted by the Washoe County Sheriff’s Office, which was submitted to this office.  

The publication of this OIS Report was delayed until the ongoing criminal prosecution of Aceves, stemming from the incident that led to the OIS, reached conclusion. The purpose of that delay was to maintain the integrity of the legal proceedings against Aceves and aligns with our standard practice in such cases.

Inquiries regarding the release of any public records involving the investigation and its evidence can be directed to the involved law enforcement agencies. 

Introduction of the Report:

On Saturday August 22, 2020, Reno Police Department Officers Robert Hanna (hereinafter “Officer Hanna”), Officer Jacob Rousseau (hereinafter “Officer Rousseau”), and Officer Hunter Mercurio (hereinafter “Officer Mercurio”) were assigned to the downtown Reno area as patrol officers. At 2245 hours dispatch began receiving multiple calls of gunshots in the 200 block of West Street. The callers reported that a White or Hispanic male with dirty blonde hair who was wearing a red top or backpack was actively shooting in the area. Witnesses also reported that the suspect, later identified as 20-year-old Justus Aceves, aka Justus Niko Dakota Aceves (hereafter “Aceves”), had entered the front door of the Plaza Resort Club at 121 West Street. A subsequent investigation revealed that Aceves had fired multiple rounds from a pistol with an extended capacity magazine as he walked down the street.

Officers Hanna, Mercurio, and Rousseau all responded to the area and entered the Plaza Resort Club (hereinafter “Plaza Club”) lobby. A witness who worked at the Plaza Club reported that the suspect was wearing a red top and dark jeans. Other witnesses also reported that Aceves had ridden the elevator to the 9th floor.

Hearing this, all three officers rode the elevator to the 9th floor in pursuit of Aceves. On the way, they formulated a plan to apprehend the suspect, who they believed to be armed and actively firing his weapon. Officer Rousseau was assigned to take Aceves into physical custody while Officer Hanna acted as cover and Officer Mercurio wielded his Taser.

When the elevator door opened, the officers saw Aceves standing at the elevator facing them as if he were about to board it. Seeing no gun at this time, the officers ordered Aceves to show his hands. Aceves responded “What do you mean?” He then turned away from the officers and quickly walked down the hallway. Officer Rousseau, followed by Officer Hanna and Officer Mercurio exited the elevator and continued to order Aceves to show them his hands. Ignoring these commands, Aceves instead walked down the hallway, stopped, and began to turn towards the officers. Officer Rousseau approached Aceves and placed his hand on his shoulder to take him into custody and began to holster his pistol.

Aceves suddenly reached into his waistband, grabbed a pistol, and began to draw it. Officer Hanna yelled “no, don’t reach for it!” Aceves ignored the order, drew the pistol completely from his waistband, and raised it in front of his body. Fearing for his life and the lives of his fellow officers, Officer Hanna fired two rounds at Aceves, striking him in the abdomen.

As Aceves fell to the ground, Aceves’ pistol fell from his grasp and onto a nearby chair. The pistol, a Glock .40 caliber, contained a round in the chamber and two rounds in the pistol’s 31 round extended magazine.

Aceves was transported to the hospital where he was treated for gunshot wounds to the lower abdomen, liver, and groin. None of the wounds proved fatal and Aceves survived.

Consistent with the regionally adopted Officer Involved Shooting (hereinafter “OIS”) Protocol, the Washoe County Sheriff’s Office (hereinafter “WCSO”) led the investigation into the shooting of Aceves. The Sparks Police Department (hereinafter “SPD”) provided secondary investigative support, and the Washoe County Forensic Science Division (hereinafter “FSD”) provided forensic services. The investigation included surveillance video, witness interviews, collection of physical evidence, photography of the shooting scene and other evidence, forensic evidence testing, review of body camera footage and other video evidence, and interviews of Officers Hanna, Rousseau, and Mercurio.

A criminal case against Aceves was submitted by the WCSO on August 27, 2020, and he ultimately pleaded guilty to one count of Resisting a Public Officer with Use of a Deadly Weapon. He was sentenced to 5 years in prison, with eligibility for parole after 2 years. To ensure the integrity of the criminal prosecution, and consistent with this office’s practice, the OIS review was held pending the outcome of the Aceves’ prosecution.

All final OIS investigative reports along with FIS forensic reports, photographs, BWC footage and recorded interviews were then submitted to the Washoe County District Attorney’s Office. In its completed report, the WCSO detectives did not recommend criminal charges against Officer Hanna.

Aceves, recklessly and with no apparent motive, fired a pistol multiple times on a busy downtown street, causing bystanders to fear for their lives. When Officers Hanna and Rousseau encountered Aceves, they directly and repeatedly ordered him to surrender, show them his hands, and get on the ground. Instead, he attempted to flee from the scene before turning back to officers and drawing a pistol from his waist. Under the circumstances it was reasonable and necessary for Officer Hanna to use deadly force in response to the threat posed by the actions of Justus Aceves.

Based on the available evidence and the applicable legal authorities, it is the opinion of the District Attorney that the shooting of Justus Aceves by RPD Officer Robert Hanna was justified and not a criminal act.

Unless new circumstances come to light that contradict the factual foundation upon which this decision was made, this case is officially closed.  Copies of all completed OIS reports are available on the Washoe County District Attorney’s Office’s website at https://www.washoecounty.us/da/newsroom/reports.php