Reprinted from Las Vegas Sun February 28, 1970 Officers Cleared In Shooting of Burglary Suspect By BILL GANG Sun Staff Writer A three member Clark County Coroner’s Jury Friday cleared sheriff’s deputies and city police of any wrongdoing in the shooting of burglary suspect John Durbin. Durbin, 42, was gunned down in a hail of shotgun fire by sheriff’s deputies on Feb. 6. He died 16 days later of “complications” at Southern Nevada Memorial Hospital. The three sheriff’s deputies and two city detectives who had laid in wait for Durbin in a plush house at 1308 South 6th St. were the star witnesses at the inquest and each told basically the same story. None of the five, however, repeated a story told newsmen the night of the shooting that Durbin set off the incident by firing a shot at sheriff’s Lt. Conrad Simmons. Simmons, who was the first to shoot at Durbin, told the two man , one woman jury he was crouched in the rear hallway of the home as Durbin and a companion allegedly broke in. Simmons, who was wielding a 12-gauge shotgun, said that as he was waiting for Durbin to sneak into the bedroom area of the house he heard what sounded like two small caliber shots. An instant later Durbin stumbled onto Simmons’ hiding place and the lieutenant said he yelled, “Halt” sheriff’s officers.” Simmons told the jury Durbin wheeled and ran. “Fearing he was armed, I fired at him as he darted across the living room,” Simmons stated. From there, Durbin reportedly ran to the kitchen door he had kicked in moments before, but as he was swinging it closed behind him sheriff’s deputy Arky Hanley fired a shot gun blast, catching the burglar in the stomach. Durbin, despite the massive wound, reportedly raced across the front lawn of the house, and Simmons and Hanley shot at the suspect from the front porch with shotguns. Police Lt. John Conner testified he shot at Durbin once with a .357 magnum pistol but apparently missed. Chief county medical examiner, Dr. James Clarke, told the jury there were more than a dozen buckshot wounds in Durbin’s stomach; with all of them in the front or the side. Durbin crumpled a half block away from the house in a pool of blood. The gun Durbin was said to have used was never found, although three screwdrivers and a pry bar were discovered, and sheriff’s office Capt. Gene Clark eventually told the press Simmons was mistaken and there never was a gun. Each of the five officers, however, told of hearing the same sharp sounds which may have led Simmons to believe Durbin was armed. Durbin’s accomplice, who Conner said slipped out the kitchen door a moment before Durbin, was mentioned only briefly during the inquest and no testimony identified him as a police informant. Capt. Clark testified the informant told his department Durbin was going to break into a safe in the house, however the jury, composed of Mark Gamet , Dr. Clinton Maupin and Mrs. Rose Ricci, were told there was no safe in the house. Although the jurors were hand picked by Clark County Coroner Otto Ravenholt , apparently none of them were aware of the case and Dr. Maupin admitted to not knowing the most basic elements of the incident. The jury deliberated less than half an hour before declaring the death justifiable homicide. |