Washoe County District Attorney Chris Hicks has determined that the December 9, 2020 Officer Involved Shooting (OIS) of Ginger Krivac by Sparks Police Officers Bryan Yee and Officer Grant Phillips was justified and lawful under Nevada law.
Consistent with this office’s ongoing public reporting on all OIS cases, District Attorney Hicks has released a detailed 26-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 Reno Police Department, which was submitted to this office.
The publication of this OIS Report was delayed until the ongoing criminal prosecution of Krivac, 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 Krivac 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 December 9, 2020, at approximately 23:31 hours, Sparks Police Department (“SPD”) dispatch received a 911 call regarding a suspicious subject. The reporting party, a woman, reported that she saw a woman waving a knife around, and cursing and yelling at people in the parking lot of Dotty’s Casino (1144 Victorian Ave, Sparks). She also reported that the suspect was in a blue Mazda sedan.
The caller was later revealed to be Ginger Krivac (“Krivac”) calling 911 to provoke officers into using deadly force against her, i.e. to commit “suicide by cop.”
At 23:50 hours, Sparks Police Department Officer Bryan Yee (“Officer Yee”) and Officer Grant Phillips (“Officer Phillips”) drove to the area of Dotty’s Casino in search of the blue Mazda. The Officers each drove a marked “Sparks Police” patrol vehicle.
Officer Yee saw a blue Mazda sedan driving eastbound on Victorian Avenue that matched the description of the call. The vehicle was speeding; Officer Yee estimated the vehicle was travelling 40 mph in a marked 25 mph zone. Officer Yee made a U-turn and began following the Mazda. Officer Phillips followed behind Officer Yee.
The vehicle turned north onto Pyramid Highway. Officer Yee saw the Mazda run the red traffic light at Prater Way. In response, Officer Yee turned on his emergency lights and siren to conduct a traffic stop. Officer Phillips also turned on his emergency lights. The vehicle did not stop. Instead, it continued northbound on Pyramid Highway in disregard of the activated emergency lights and siren. The Mazda increased its speed and Officer Yee continued in pursuit. The vehicle continued north on Pyramid Highway, passing Greenbrae Drive. Officer Yee was able to broadcast the vehicle’s Nevada license plate, 966K05. Officer Phillips followed the pursuit from behind Officer Yee. The pursuit continued as the Mazda sped north on Pyramid Highway.
The Mazda, which was in the left lane, slowed as it approached the red light at Pyramid Highway. When the light turned green, the Mazda abruptly stopped directly on a crosswalk. Officer Yee stopped his vehicle behind the Mazda. Officer Phillips quickly braked, then stopped his vehicle behind Officer Yee.
The driver’s door of the Mazda suddenly opened. Krivac stepped from the vehicle and yelled “come on, come on!” Officer Yee put his vehicle in park and exited his vehicle. Krivac appeared to be holding a firearm. Officer Yee later described the weapon as appearing to be an “AR-15 pistol” and having a “long barrel.” Officer Yee drew his handgun and placed Krivac at gunpoint. Officer Yee broadcast that he was holding “one at gunpoint.”
Krivac held the rifle to her shoulder and started advancing, or charging, towards Officer Yee. Officer Phillips jumped out of his vehicle and placed Krivac at gunpoint. Officer Phillips saw Krivac holding a rifle with a “long barrel.”
Officer Yee yelled for Krivac to “STOP!” Krivac continued to aggressively advance on Officer Yee with the rifle raised. Fearing that Krivac was going to shoot him or Officer Phillips, Officer Yee fired at Krivac. Officer Phillips also believed Krivac was going to shoot him or Officer Yee, so he fired at Krivac.
Krivac immediately fell to the ground, dropping the rifle. Officers Yee and Phillips checked on each other. Then they approached Krivac and began medical aid. Backup officers quickly arrived and took over first aid. During this process the officers first learned Krivac’s identity.
The rifle that Krivac drew on the officers was determined to be a black Spyder paintball gun. The paintball gun was missing an air tank, a hopper, and paintballs. The paintball design included a portion to look like a rifle magazine. An investigating detective described the rifle as appearing “consistent with a real rifle.”
Krivac was transported to Renown hospital where she was treated for multiple gunshot wounds, including to her chest, abdomen, right thigh, right arm, and left hand. When medical staff asked Krivac what had happened, she responded that she “just could not go on.” Krivac survived her injuries.
Consistent with the regionally adopted Officer Involved Shooting (hereafter “OIS”) Protocol, Reno Police Department (“RPD”) led the investigation into the shooting of Krivac. The Washoe County Sheriff’s Office (“WCSO”) provided secondary investigative support, and the Washoe County Crime Laboratory (“WCCL”) provided forensic services. The investigation included interviews with witnesses, involved officers, scene photographs, collection of evidence, a review of relevant medical records, a review of video evidence, and the forensic testing of collected evidence.
All final OIS investigative reports, along with FIS forensic reports, photographs, BWC footage and recorded interviews were subsequently submitted to the Washoe County District Attorney’s Office for review on September 10, 2023. No criminal charges were requested by RPD for Officers Yee or Phillips.
Prior to the OIS case submittal, a criminal case against Krivac was submitted to this office for prosecution against Krivac. To ensure the integrity of this criminal case, and consistent with this Office’s common practice, the OIS review was held in abeyance pending the outcome of her criminal case. Ginger Krivac was charged with Resist, Delay, or Obstruct a Public Officer With the Use of a Dangerous Weapon, a felony. On March 28, 2022, Krivac pleaded guilty to the offense. On June 9, 2022, the Honorable Barry Breslow sentenced Krivac to probation with an underlying sentence of 19-48 months.
The District Attorney’s Office is tasked with reviewing the shooting of Krivac by SPD Officers Yee and Phillips in accordance with Nevada law. This evaluation included reviewing hundreds of pages of reports and documents which included interviews of police and civilian witnesses, photographs, BWC footage, 911 calls, video surveillance and examination of the scene of the shooting. This report follows.
Based on the available evidence and the applicable legal authorities, it is the opinion of the District Attorney that the shooting of Krivac by Officer Yee and Officer Phillips was justified and not a criminal act.
Excerpt from Analysis:
After considering the statements by law enforcement officials on scene, the statements of independent witnesses observing the encounter, the officer body-worn camera footage, photographs, and the forensic analysis of the evidence, it is apparent Krivac was determined to commit suicide as evidenced by her actions, family accounts, and evidence recovered during the investigation. On the night of the shooting, Krivac embarked on a course of conduct that was designed to cause the officers to perceive her as an imminent and deadly threat. When she exited her vehicle following a brief pursuit, she was armed with a paintball gun that was presented in a manner that simulated an actual firearm. Krivac then challenged Officer Yee to “come on,” and, when Officers Yee and Phillips responded by placing her at gunpoint she succeeded in creating a situation in which the responding officers had little time to react.
Krivac then advanced on Officer Yee and Officer Phillips, with the apparent gun to her shoulder, and refused Officer Yee’s command to “stop.” In that moment, Krivac’s actions caused Officer Yee and Officer Phillips to reasonably believe they, or their partner, were in imminent danger of death or serious bodily harm. It was therefore reasonable for them to believe that it was necessary to use deadly force in response to Krivac’s actions in an effort to prevent harm to themselves or each other.
Furthermore, the fact that Krivac’s weapon was later determined to be a paintball gun does not alter the above conclusions. Based on Krivac’s actions, the speed of the encounter, and the circumstances in which the contact unfolded, neither Officer Yee or Officer Phillip could have known the weapon was a paintball gun. Under Nevada law, a person has a right to defend themselves from apparent danger to the extent they would from real danger. Krivac’s deliberate selection of a simulated weapon, her holding of the weapon in a threatening manner and her failure to comply with officer direction, coupled with her hoax threat to 911 dispatch all combined to cause the officers to reasonably believe the weapon was a firearm and Krivac was a deadly threat. Though not known to the officers at the time, the investigation later found evidence to support an intention by Krivac to force a situation in which she could commit “suicide by cop.”
Under the circumstances it was reasonable and absolutely necessary for Officer Yee and Officer Phillips to use deadly force in response to the threat posed by the actions of Ginger Krivac. The totality of the circumstances known to Officer Yee and Officer Phillips was sufficient to excite the fears of a reasonable person placed in a similar situation. Therefore, under Nevada law, the actions of both officers are justified.
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 washoelife.washoecounty.gov/ois-reports/
