LAS VEGAS (FOX5) — One day after sources told FOX5 Las Vegas Metropolitan Police Officer Alexander Bookman would not be indicted in the fatal November shooting of Brandon Durham, a police union official laid out the reasoning behind the decision.
“Whether you believe that Officer Bookman shot the wrong person or the aggressor, there is no criminal intent,” said David Roger, legal counsel to the Las Vegas Police Protective Association.
Roger recounted Durham’s 911 call, during which he told dispatchers that there were armed intruders at his home. When officers arrived, Roger said, they heard “bloodcurdling yells from inside the house” and saw a broken window.
Body camera footage, Roger said, showed Bookman traversing a narrow hallway before encountering Durham and Alejandra Boudreaux. Durham, who Roger said was holding a knife, failed to comply with Bookman’s commands to discard it.
“He told Mr. Durham twice: ‘Drop the knife, drop the knife,’” Roger said. “He didn’t drop the knife.”
Roger said Bookman fired a single shot, aiming to avoid the person he believed to be the victim. When he saw that Durham still had control of the knife, he fired additional rounds. Toxicology reports later showed Durham had high levels of methamphetamine in his system at the time of his death.
Roger described the incident as a “tragic situation.”
“This is not a victory lap,” Roger said. “A man lost his life, and a child lost her father.”
Roger detailed the grand jury’s focus, saying its mission was to determine if Bookman had criminal intent. Jurors determined, Roger said, that he did not.
“We believe, respectfully, that the grand jury made the right decision,” Roger said, adding that while Bookman was cleared of criminal charges, civil legal action against the officer is pending.
“This is just the beginning for Officer Bookman,” he said. “He was sued not just as a police officer, but in his personal capacity.”
For their part, counsel for Durham’s family issued a statement condemning the decision not to indict Bookman.
“The grand jury’s decision not to return a bill—despite compelling facts that clearly warrant criminal prosecution—is a gross miscarriage of justice,” the release said.
S. Lee Merritt, attorney for the family, called the move a betrayal of the public trust and a violation of sworn duty.
“Officer Bookman murdered Brandon Durham in cold blood,” Merritt said.
Roger acknowledged the forthcoming legal action between Bookman and the Durham family.
“[Bookman will] have many days in federal court dealing with this,” Roger said.
The Durham family is calling for Nevada Attorney General Aaron Ford to assign a special prosecutor to advance criminal charges.
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