NV: Death of man who died in police struggle ruled homicide

By Tiffany Gibson (contact)
Published Wednesday, Dec. 9, 2009 | 1:51 p.m.

http://www.lasvegassun.com/news/2009/dec/09/death-man-who-died-police-struggle-ruled-homicide/

The death of a man who stopped breathing after Metro Police tried to subdue him by using a neck restraint has been ruled a homicide.

The Clark County Coroner's Office said Dustin Boone died Nov. 4 of cardiac pulmonary arrest, use of a neck restraint and significant other reasons related to dilated cardiomyopathy.

A coroner’s inquest has been scheduled for 9 a.m. on Dec. 18 at the Regional Justice Center before Justice of the Peace Melanie Andress-Tobiasson. Deputy District Attorney Christopher Laurent said he will ask witnesses to testify at the inquest in front of Andress-Tobiasson and a jury.

Laurent said the death was ruled a homicide but it doesn’t prove malice. He said the jury will decide whether the death was criminal, justified or excusable.

“An inquest hinges on what’s on the officer’s mind at the time,” Laurent said. “A jury will decide that and whether or not that’s reasonable.”

Metro Police are also investigating Boone’s death, Laurent said.