Washoe County District Attorney Chris Hicks has determined that the November 18, 2024 Officer Involved Shooting (OIS) involving Kristopher Gari by Reno Police Department Sergeant Patrick McCauley was lawful under Nevada law.
Consistent with this office’s ongoing public reporting on all OIS cases, District Attorney Hicks has released a detailed 29-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 Sparks Police Department, which was submitted to this office for review on December 23, 2025.
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:
In the early morning hours of November 18, 2024, at approximately 1:38 a.m., Reno Police Department (RPD) Sergeant Patrick McCauley (Sgt. McCauley) became involved in a high-risk attempt to take Kristopher Gari (Gari) into custody. The encounter ultimately resulted in the death of Gari. As outlined below, the incident was preceded by two separate events involving Gari that occurred during the previous two day
Initial Incident: November 16, 2024
On November 16, 2024, RPD Officer Hyde conducted a vehicle traffic stop on an unlicensed matte gray painted 1994 GMC Yukon at Sutro St. and Castle Way in Reno. The vehicle had no license plate and an expired temporary move permit. Gari was identified as the driver of the vehicle.
When approached by Officer Hyde, Gari stated that he did not have a driver’s license and did not have insurance for the vehicle. He also indicated that he believed he had missed a court date and might have an outstanding warrant for his arrest. While Officer Hyde performed a routine records check, RPD Officer Hernandez-Najera arrived on scene to assist Officer Hyde. At this time, Officer Hyde received confirmation that Gari driver’s license had been revoked and that he had an active warrant for failure to appear.
Both officers walked over to the vehicle and asked Gari to step out so they could detain him while confirming the warrant. Although Gari initially appeared reluctant to comply, he eventually exited the vehicle. As the officers attempted to detain him, Gari began resisting, which resulted in the officers taking him to the ground. Gari continued to resist, ignoring repeated commands from the officers as they attempted to place his hands behind his back.
During the struggle, Gari was able to stand up and escape the officers’ efforts to detain him, fleeing back to his vehicle. In a further attempt to stop him, Officer Hernandez-Najera deployed his taser at Gari, but the attempt was unsuccessful. Gari was able to re-enter his vehicle through the passenger window and moved into the driver’s seat. While he was sitting in the driver’s seat, Officer Hyde then deployed his taser, hitting Gari on the left shoulder and along the left side of his waist.
Despite these efforts, Gari was able to drive away from the scene at a high rate of speed. As he fled, he failed to stop for a red light at the intersection of Sutro Street and Silverado Boulevard, creating a danger to other people and property. Officers Hyde and Hernandez-Najera were subsequently unable to locate Gari in the immediate vicinity or at his last known address.
On November 17, 2024, Officer Hyde sent an internal email to RPD officers, informing them that he had Probable Cause to arrest Gari and that the incident was documented under RPD case number 24-021
Second Incident: November 17, 2024
At approximately 7:35 a.m. on November 17, 2024, RPD Officers Ryzanych and Reidle responded to a report of a suspicious vehicle parked on private property at 750 Twin Lakes Drive in Reno. Upon arrival, the officers located the unoccupied vehicle, described as a 1994 GMC SUV that appeared to be spraypainted black. Officer Ryzanych recognized it as the same vehicle involved in the incident the previous day.
Officer Ryzanych found a note on the dashboard of the vehicle that read, “Please don’t tow. Back in AM.” The note also included a phone number, which officers used to contact Gari. Officers called the phone number and made contact with Gari, using a ruse to lure him back to the vehicle while they remained nearby and attempted to conceal themselves amongst the neighboring properties.
Approximately 25 minutes later, Gari appeared on the property from an unknown location. Officers observed him and began approaching the vehicle in their marked patrol cars, with their emergency overhead lights and sirens on in an attempt to conduct a high-risk felony car stop. Gari turned and looked at the officers before turning back around and running behind the GMC, entering the vehicle through the passenger door. Due to the Felony Probable Cause for Gari, Officer Ryzanych approached the vehicle at gunpoint and instructed Gari to show his hands. Gari ignored the commands, started the vehicle, and drove away from the property. As he fled, he drove toward the marked RPD patrol vehicles and struck two of them. One of the vehicles that was struck was occupied by an RPD officer at the time. After the collision, officers were unable to locate Gari.
Officer Ryzanych documented this incident under RPD case 24-21939, and updated the email sent out by Officer Hyde, noting in the email that a “Fake (possibly plastic)” white pistol was observed, stuffed in a modified compartment on the driver’s side door and that additional probable cause for Gari’s arrest existed based on this incident. The email also stated, “Based on his actions in this new incident and the original, Kristopher is willing to fight with officers and do everything possible to get away.”
Third Incident: November 18, 2024
Prior to beginning his normal shift on November 18, 2024, Sgt. McCauley and other officers were briefed about the situation regarding Gari. All of the officers had seen the emails detailing the two prior incidents, and they discussed what to do if the vehicle was located unattended, as they suspected that Gari was highly likely to attempt to flee. After this discussion, Sgt. McCauley completed routine paperwork at the police station before leaving to begin his patrol.
At approximately 1:30 a.m., Gari arrived at the Maverik gas station, located at 1010 West Fourth Street in Reno near the intersection of Keystone Avenue. He parked his black 1994 GMC SUV by the air pump, briefly went inside the store, and then returned to his vehicle. Several other individuals were present at the gas station, both inside and outside.
A few minutes later, Sgt. McCauley entered the Maverik lot via the western driveway, driving along the south side of the parking area. He noticed the GMC parked by the air pump and recognized it as the vehicle described in recent emails linked to Gari. Sgt. McCauley stopped his marked RPD patrol vehicle directly in front of the SUV and exited immediately.
At that time, Gari was standing next to the driver’s side door of the vehicle. Given Gari’s active warrant, his recent attempts to flee from police, and multiple outstanding charges, including resisting a public officer, eluding, reckless driving, and other traffic violations, Sgt. McCauley approached the passenger side of the vehicle with his firearm drawn. Although he attempted to prevent Gari from entering the vehicle, Gari succeeded in getting into the driver’s seat.
In an effort to stop Gari from fleeing and endangering others, Sgt. McCauley opened the passenger door and reached into the vehicle to disable it. As he leaned into the SUV, the vehicle rocked slightly while Gari resisted Sgt. McCauley and ignored commands to exit. During the struggle, Gari attempted to start the vehicle as Sgt. McCauley continued working to disable it. Sgt. McCauley was pulled mostly into the passenger compartment while the passenger door remained open. After Gari succeeded in starting the SUV, it began moving slowly in reverse before gaining speed and striking a steel pillar that protected the westernmost fuel pump. The force of the impact lifted the rear of the vehicle several feet, caused the passenger door to close, and forced both front seats into a fully reclined position.
A moment later, the vehicle began to slowly roll forward and came to rest against the northern curb in front of a fire hydrant. Sgt. McCauley continued his efforts to disable the vehicle and repeatedly commanded Gari to stop resisting, but Gari refused to comply. Gari then reversed several feet, stopped, and accelerated forward over the northern curb and a fire hydrant onto the dirt embankment separating the Maverik parking lot from Fourth Street. He then turned west onto Fourth Street at a high rate of speed, with Sgt. McCauley still in the reclined passenger seat and continuing to struggle to gain control of the vehicle. As the SUV traveled westbound, sparks flew from beneath it because the fire hydrant had become lodged underneath the vehicle. The SUV repeatedly swerved to the right and left across the eastbound lane of Fourth Street while Gari continued his efforts to evade capture.
During this time, Sgt. McCauley remained in the passenger seat of Gari’s vehicle, attempting to subdue him. The physical struggle continued as Gari drove erratically in an effort to evade capture. When Sgt. McCauley drew his firearm in an attempt to force Gari to stop the vehicle, Gari attempted to grab it. Fearing that Gari would do whatever was necessary to escape capture, including harming or killing Sgt. McCauley or others, Sgt. McCauley discharged his firearm, striking Gari four times – once in the right cheek, once in the right shoulder, once in the right upper chest, and once in the left thigh. The SUV then came to a stop approximately 100 yards west of the Maverik.
Responding officers immediately provided life-saving measures to Gari, however, he ultimately succumbed to the injuries he sustained. He was pronounced deceased at 1:52 a.m. by Dr. Wang at Renown Regional Hospital.
Excerpt from In-Depth Analysis:
On November 18, 2024, the use of deadly force upon Gari was justified based on the imminent danger of serious bodily harm or death he posed to Sgt. McCauley, as well as others. The threat Gari presented was corroborated by witness accounts, video evidence and physical evidence from the scene.
Prior to beginning his shift on the day of the incident, Sgt. McCauley was aware of previous incidents over the two preceding days involving attempts to take Gari into custody. In both incidents, Gari was uncooperative, failed to follow directives of officers involved, and fled from officers in his vehicle in a reckless manner, driving at a high rate of speed, running red lights, and in one instance, striking two RPD police cruisers during the course of flight. Internal emails were distributed to RPD officers advising them of the incidents and confirming that probable cause existed to arrest Gari. RPD Officers had also been briefed regarding Gari prior to the start of the shift the night of the incident.
The evidence shows that in the early morning hours of November 18, 2024, Sgt. McCauley located Gari at the Maverik gas station on Fourth Street Sgt. McCauley recognized Gari and his SUV from the emails that had been sent alerting RPD officers of the prior incidents. Gari’s SUV was parked in front of the air machine, while Gari was outside of his vehicle. Upon arrival, Sgt. McCauley parked his marked patrol vehicle nose to nose with Gari’s large SUV, blocking Gari from moving the vehicle in an effort to prevent Gari attempting again to recklessly escape being taken into custody as he had on the two prior occasions. Sgt. McCauley, wanting to eliminate the chance of Gari getting into his vehicle to attempt to escape, quickly exited his patrol vehicle, but Gari quickly entered his vehicle when he saw Sgt. McCauley.
Sgt. McCauley ordered Gari out of the vehicle, but Gari ignored the command. Sgt. McCauley then saw Gari reaching for something. Sgt. McCauley then quickly approached the passenger side door of Gari’s vehicle, opened the door and reached into the vehicle in an attempt to disable it and prevent Gari from fleeing and placing others in danger. Gari was combative and fought Sgt. McCauley’s attempts. The struggle caused the vehicle to rock slightly, and the hazard lights began flashing as Gari resisted Sgt. McCauley. As Sgt. McCauley worked to disable the vehicle, Gari attempted to start it. Sgt. McCauley was now seated in the front passenger seat of Gari’s vehicle with the passenger side door still open. Gari succeeded in starting the vehicle and began driving in reverse, first slowly and then with increasing speed. He then abruptly turned the vehicle to face north while continuing in reverse and struck the steel pillar protecting the westernmost fuel pump in the parking lot. The force of the impact caused the rear of Gari’s vehicle to rise several feet, at which point the passenger side door closed rapidly.
A moment later, the vehicle slowly rolled forward and came to rest against the northern curb in front of a fire hydrant. Sgt. McCauley continued trying to disable the vehicle and repeatedly commanded Gari to stop resisting and exit the vehicle, but Gari failed to comply. Gari then drove several feet in reverse before stopping. He subsequently accelerated forward over the northern curb and the fire hydrant into the dirt embankment separating the Maverik parking lot from Fourth Street. Gari then turned west onto Fourth Street at a high rate of speed.
As the vehicle traveled westbound on Fourth Street, a large amount of sparks could be seen coming from underneath it. The vehicle swerved several times to the right and left within the eastbound lane of Fourth Street. During this time, Sgt. McCauley remained in the passenger seat while Gari continued to resist him. The physical struggle between the two men continued as Gari drove erratically in an effort to avoid being taken into custody.
In an effort to stop Gari’s escape, Sgt. McCauley drew his firearm and attempted to force Gari to stop the vehicle. Rather than stop, Gari tried to grab Sgt. McCauley’s firearm. Fearing that Gari would do whatever was necessary to avoid capture, including gaining control of the firearm, Sgt. McCauley reasonably feared serious bodily harm or death. Gari’s actions posed an imminent threat of serious bodily harm or death to Sgt. McCauley and potentially to others. In response to that threat, Sgt. McCauley discharged his firearm, striking Gari four times: once in the right cheek, once in the right shoulder, once in the right upper chest, and once in the left thigh.
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 case, Gari’s actions, driving recklessly placing others in danger, and trying to grab Sgt. McCauley’s firearm, constitute such a threat. The totality of the circumstances known to Sgt. McCauley was sufficient to excite the fears of a reasonable person placed in a similar situation. Sgt. McCauley was legally and factually justified in using deadly force in response. Therefore, the use of deadly force by Sgt. McCauley was lawful and necessary in self-defense and in defense of others.
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/
