Washoe County District Attorney Chris Hicks has determined that the November 24, 2021 Officer Involved Shooting (OIS) involving Nathaniel Andrew Bailey by Nevada State Police Highway Patrol Trooper Taylor Bailey 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, witness accounts, and the legal analysis supporting the determination. 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 release of this OIS Report was delayed due to competency proceedings involving Bailey and the subsequent criminal prosecution related to his criminal activity that day.
Nathaniel Bailey was subsequently charged in the incident that led to the OIS, and on August 14, 2023, the Court found the Defendant guilty of Assault on Protected Person by Probationer and sentenced him to the maximum sentence allowed by law, 19 months to 48 months in the Nevada Department of Corrections. In accordance with standard procedure, the review of the OIS and the release of this public report was held pending the criminal proceedings against Bailey, in order to preserve the integrity of the prosecution.
Inquiries regarding the release of any public records involving the investigation and its evidence can be directed at the involved law enforcement agencies.
Introduction of the Report:
On November 24, 2021, at 1417 hours, the Nevada State Police (NSP) received a report regarding a multi-vehicle traffic collision at Interstate Route 580 Northbound and Bellevue Road, in Washoe Valley, Washoe County, Nevada, wherein the responsible vehicle fled the scene. A key eyewitness to the collision, off-duty Douglas County Sheriff’s Office Deputy Conner Michitarian (Deputy Michitarian), contacted dispatch to report that he had witnessed the crash and was actively observing the fleeing suspect vehicle. Deputy Michitarian provided a detailed description of the suspect vehicle as a green Honda with the front hood damaged during the collision and that the hood had flipped up covering the windshield as it drove.
Deputy Michitarian provided additional information to NSP dispatch, indicating that the suspect vehicle had exited Interstate Route 580 at Bowers Mansion Road and was presently stationary at the Chocolate Nugget Candy Factory in Washoe Valley. Subsequent updates from Deputy Michitarian indicated that the driver, identified as a white male, was observed walking west along Parker Ranch Road and was hiding on the side of the road beneath the Interstate Route 580 freeway overpass.
Trooper Taylor Bailey (Trooper Bailey) of the Nevada State Police was on duty in an official capacity conducting an unrelated traffic stop when she received information from dispatch regarding a vehicle crash in Washoe Valley. In response, Trooper Bailey advised dispatch that she would proceed to the crash site at Interstate Route 580 and Bellevue Road.
While enroute to the crash site, Trooper Bailey received updated information from dispatch indicating that the vehicle responsible for the crash had fled the scene. Dispatch specified that the vehicle in question, identified as green, was being pursued by an off-duty police officer driving a white vehicle. Before Trooper Bailey reached the location, dispatch informed her that the driver of the vehicle suspected of causing the crash had parked in the Chocolate Nugget Candy Factory parking lot and was observed walking from the vehicle towards Parker Ranch Road.
As Trooper Bailey turned onto Parker Ranch Road, Deputy Michitarian saw her and directed her to an area near the jersey wall underneath the Interstate Route 580 overpass where he had observed the driver of the green Honda hiding. Trooper Bailey exited her vehicle, drew her duty weapon, and approached the jersey wall. As she approached, she observed a man (later identified as Nathaniel Andrew Bailey, no relation to Trooper Bailey) lying on the ground on the south side of the wall. Nathaniel Andrew Bailey (Nathaniel) was lying on his right side, facing away from Trooper Bailey.
Trooper Bailey immediately issued verbal commands for Nathaniel to show his hands, as she did not have a full view of them. Once he complied, she asked if he was able to move. Nathaniel told her “No” and stated he needed to “get to the FBI, because he was being chased by somebody.” While speaking with Nathaniel, Trooper Bailey detected the odor of an unknown alcoholic beverage emanating from him. She asked if he had been drinking, and he responded that he “had a little bit to drink.”
Trooper Bailey asked Nathaniel if he could stand, and he said he would need help. At that point, Trooper Bailey transitioned from her firearm to her Taser and told Nathaniel he was at “Taser point,” warning that if he moved, he would be tased. Nathaniel said he understood. Trooper Bailey asked again if he could stand, and he repeated that he would need help. She then asked how he had arrived at that location if he could not walk, but he did not respond. As she continued trying to speak with him, Nathaniel became increasingly agitated, said he would not answer any more questions, and told her she could speak with his attorney.
While Trooper Bailey was verbally responding to his noncompliance, Nathaniel quickly rose up from his prone position behind the jersey wall and advanced toward her. Trooper Bailey immediately retreated from the jersey wall between them and gave verbal commands to “Stop!” and “Stand Down!” Nathaniel ignored all orders and climbed over the jersey wall, charging Trooper Bailey in an aggressive manner.
While backing away from Nathaniel, Trooper Bailey discharged her Taser with the intention of stopping him from advancing toward her. She observed the Taser darts deploy but they had no effect on Nathaniel, who proceeded to swipe the prongs and Taser lines from his body. As Nathaniel continued to advance on Trooper Bailey, he stated: “You think a fucking taser is going to fuck with me bitch?” Trooper Bailey pressed the trigger on the Taser a second time, however it was again ineffective, so she dropped the Taser and transitioned to her firearm. Trooper Bailey pointed the firearm at Nathaniel and yelled at him to stop while she continued to create distance by backing away. He kept closing the distance on her in an aggressive manner, forcing Trooper Bailey to fire four shots at Nathaniel, striking him all four times.
After being struck, Nathaniel slowed his advance as Trooper Bailey still continued to back away. As he fell to the ground, Nathaniel asked Trooper Bailey if the bullets were real. Trooper Bailey asked where he was hit and he responded, “in the stomach.” After several moments Deputy Michitarian walked over from his parked vehicle and helped Trooper Bailey handcuff Nathaniel. Other law enforcement personnel arrived soon after and medical aid was provided to Nathaniel.
Excerpt from In-Depth Analysis:
On November 24, 2021, the use of deadly force upon Nathaniel was justified based on the imminent danger of serious bodily harm or death he posed to Trooper Bailey. The threat Nathaniel presented was corroborated by witness interviews, video evidence, physical evidence from the scene, and forensic examination of the firearm involved.
The evidence shows that on November 24, 2021, law enforcement had been alerted to a vehicle driven by Nathaniel, fleeing the scene of a multi-vehicle crash on northbound Interstate 580. Off-duty DCSO Deputy Michitarian observed him driving recklessly with his view obstructed by the hood of his vehicle, which had flipped over the windshield. Deputy Michitarian then saw him park at the Chocolate Nugget Candy Factory and flee on foot to the Parker Ranch Road underpass, where he hid among the rocks behind a cement barrier.
After responding to the call, Trooper Bailey arrived at Parker Ranch Road and with Deputy Michitarian’s direction, located Nathaniel lying prone in the rocks as he attempted to conceal himself. As she approached to investigate, she detected the odor of an unknown alcoholic beverage emanating from Nathaniel. He admitted to consuming a small amount of alcohol but became confrontational when questioned about his vehicle at the Chocolate Nugget Candy Factory and being seen walking from that location to the underpass.
The BWC footage, as well as witness accounts, supports Trooper Bailey’s account of events, showing that Nathaniel refused to comply with multiple lawful commands. After a brief exchange, Nathaniel suddenly jumped up from where he had been lying on the rocks, moved over the concrete wall separating them, and charged toward Trooper Bailey in an overt and aggressive manner.
In an effort to deescalate and create distance, Trooper Bailey backed away from Nathaniel while simultaneously deploying her taser. The taser had no effect, and Nathaniel continued to, in his own words, “charge” at her, rapidly closing the distance and moving with her into the middle of Parker Ranch Road, where Brian Corn had stopped his vehicle.
Trooper Bailey repeatedly ordered him to “stand down” and “stop.” Nathaniel not only refused to comply with these lawful commands but continued advancing toward her in an aggressive manner.
His refusal to obey, combined with his deliberate and forceful charge toward Trooper Bailey, clearly demonstrated an intent to harm her. That intent was later reinforced through his Nolo Contendere plea to the charge of Assault on a Protected Person by a Probationer. In that moment, Trooper Bailey faced an imminent threat of great bodily harm or death, making the use of deadly force necessary to protect herself. She fired four rounds in self-defense.
Under Nevada law, peace officers are justified in using deadly force to protect themselves or others from imminent threats of serious bodily harm or death. In this officer-involved shooting case, the evidence clearly shows that Nathaniel’s actions posed such a threat. He refused to comply with lawful commands and then aggressively charged Trooper Bailey, leaving her with no viable alternative but to use her firearm to protect herself. All evidence supports her belief that she faced a life-threatening situation, and her response was both legally and factually justified. Consequently, Trooper Bailey’s use of deadly force was lawful and necessary in self-defense.
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/
