Washoe County District Attorney Chris Hicks has determined that the June 10, 2023 Officer Involved Shootings (OIS) involving Darnelle Boykins by Nevada State Police Highway Patrol Trooper Marcus McIntosh 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 37-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.
Boykins was subsequently charged in the incident that led to the OIS, and on September 13, 2024, he pled guilty to Attempted Murder with the Use of a Deadly Weapon; Discharge of a Firearm at or into an Occupied Vehicle; and Assault with Use of Deadly Weapon. On November 13, 2024, Boykins was sentenced to an aggregate term of 624 months (52 years) in prison with parole eligibility commencing after 200 months (16.6 years) have been served. In accordance with standard procedure, the review of the OIS and the release of this public report was held pending the criminal proceedings against Boykins, 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 to the involved law enforcement agencies.
Introduction of the Report:
On the evening of June 10, 2023, at approximately 9:53 p.m., the Nevada State Police, Highway Patrol Division (NHP), became involved in a high-risk incident that culminated in an OIS near the intersection of Moana Lane and Neil Road in Reno, Nevada. The incident originated from a 911 call by witnesses, who reported a vehicle that had failed to stop at a red traffic light and was being operated in an erratic and dangerous manner. The vehicle, a white GMC Yukon Denali (the Yukon), was later identified as being driven by Darnelle Edward Boykins (Boykins).
Initial contact was attempted by Trooper Marcus McIntosh (Trooper McIntosh) at a gas station on Veterans Parkway, where Boykins fled the scene, nearly striking Trooper McIntosh in the process. Trooper McIntosh pursued the vehicle but temporarily lost visual contact. Shortly afterward, NHP Trooper Robert Dosh (Trooper Dosh) observed a vehicle matching the Yukon’s description traveling at high speed in the wrong direction toward his patrol vehicle. Although Trooper Dosh was unaware at the time that it was the same suspect vehicle, he initiated a pursuit after it ran a red light and crossed a center median.
Troopers McIntosh and Dosh were ultimately able to locate and identify the Yukon near the intersection of Kietzke Lane and Moana Lane. They activated their lights and sirens and began to pursue the vehicle to initiate a traffic stop. Without warning, Boykins suddenly braked, leaned out the driver’s side window with a gun in his hand, and fired multiple rounds at Trooper McIntosh, striking his patrol vehicle. Trooper McIntosh returned fire through his windshield and then again after exiting his vehicle. Boykins discarded his firearm and exited the Yukon, advancing aggressively toward both Troopers. Trooper McIntosh was able to deploy his taser and successfully subdue Boykins. Neither Troopers McIntosh and Dosh, nor Boykins, sustained any gunshot injuries.
Consistent with the regionally adopted OIS Protocol, the Washoe County Sheriff’s Office (WCSO) led the investigation into Trooper McIntosh discharging his firearm. Secondary investigative support was provided by the Sparks Police Department (SPD), and forensic services were provided by the Washoe County Crime Lab (WCCL). The investigation included witness interviews, the collection and examination of physical evidence, review of Body Worn Camera footage (BWC) and dashcam footage, video surveillance footage, and forensic examination of evidence and the shooting scene.
All investigative reports, photographs, documents, video footage, forensic reports, witness statements, and recorded interviews were submitted to the Washoe County District Attorney’s Office for the purpose of determining the legality of the actions in the Officer Involved Shooting event involving Boykins. No criminal charges were recommended by WCSO for NHP Trooper McIntosh who was involved in the incident. The Washoe County District Attorney’s Office evaluation included a thorough review of all submitted investigative materials.
Based on the available evidence and the applicable legal authorities, it is the opinion of the Washoe County District Attorney (WCDA) that the shooting at Boykins by NHP Trooper McIntosh was legally justified and not a criminal act.
Excerpt from In-Depth Analysis:
On June 10, 2023, the use of deadly force upon Boykins was justified based on the imminent danger of serious bodily harm or death he posed to Trooper McIntosh and Trooper Dosh. The threat Boykins presented was corroborated by witness interviews, video evidence, physical evidence from the scene, and forensic examination of both the firearm and vehicles involved.
The evidence shows that on June 10, 2023, law enforcement was notified of a vehicle driving recklessly through intersections at Virginia and Grove Street, nearly causing a collision. Witnesses observed the vehicle, a Yukon driven by Boykins, and followed it to a Maverik gas station, relaying information to law enforcement. Upon arrival, Trooper McIntosh parked his marked patrol vehicle behind the Yukon and made contact with Boykins, who was uncooperative and engaged in a phone call rather than speaking with the Trooper.
During this phone call with an unknown person, Trooper McIntosh heard Boykins say “you gotta get down here, I’m just fucked.” He also observed signs of intoxication, including Boykins’ slurred speech, red watery eyes, and the odor of alcohol. Without warning, Boykins suddenly reversed the Yukon at high speed, narrowly missing the Trooper and fleeing the scene. Considering Boykins to be in lawful detention with reasonable suspicion for reckless driving and driving under the influence, Trooper McIntosh returned to his patrol vehicle and attempted to pursue Boykins.
Shortly thereafter, Trooper Dosh observed a vehicle traveling the wrong way directly toward him on Virginia Street, which then jumped the median and fled again. The vehicle was later confirmed to be the same Yukon driven by Boykins. Troopers McIntosh and Dosh continued to search the area, and eventually located the Yukon, which was now missing a rear tire. Despite law enforcement lights and sirens, Boykins refused to stop.
As the pursuit approached Neil Road, Boykins slammed on his brakes, causing the Yukon to rotate. As the vehicle came to a stop, Boykins leaned out of the driver’s window holding a handgun, and deliberately fired it directly at Trooper McIntosh, who was still seated in his patrol vehicle. Trooper McIntosh’s dash camera picks up the very moment this occurs and captures Boykins firing three rounds before Trooper McIntosh could react.
In that moment, Trooper McIntosh faced imminent danger of great bodily harm or death. It was absolutely necessary for him to use deadly force to protect himself and others. Trooper McIntosh returned fire through his own windshield. BWC and dashcam footage confirms that Trooper McIntosh only fired his weapon in response to being shot at.
After the initial exchange, Boykins attempted to fire again, but his firearm malfunctioned due to excessive residue buildup and poor maintenance. Forensic analysis by WCCL confirmed a misfired cartridge and repeated jamming issues. Boykins appeared to attempt to clear the jam but ultimately threw the weapon from the vehicle. When Boykins exited the vehicle and approached the Troopers, Trooper McIntosh transitioned to less-lethal force and deployed his taser, successfully incapacitating Boykins. Despite this, Boykins continued to make verbal threats against the Troopers while they attempted to handcuff and detain him, indicating his intent to kill Trooper McIntosh. Trooper McIntosh later stated that he was in fear for his life and believed Boykins was attempting to kill him, and that he only returned fire after Boykins had fired at him.
An examination of the scene revealed that several bullets fired by Boykins penetrated Trooper McIntosh’s vehicle, including the windshield, hood, and headlights. The trajectory suggests that, had the bullets struck only inches higher, Trooper McIntosh could have been fatally wounded. Some of the bullet holes in Trooper McIntosh’s vehicle were determined to be from his own firearm, as he returned fire through the windshield, which was confirmed by analyzing the direction of the tears in the metal. Additional bullet damage to Boykins’ vehicle was consistent with rounds fired by Trooper McIntosh in return. Surprisingly, neither Boykins nor Trooper McIntosh was struck by any bullets or shrapnel.
Boykins pleaded guilty to multiple felony charges, including Attempted Murder with the Use of a Deadly Weapon, Discharge Firearm at or into Occupied Vehicle, and Assault with the Use of a Deadly Weapon, Victim is a First Responder. In doing so, he admitted to using physical force against Trooper McIntosh and specifically intended either to kill him or to place him in reasonable apprehension of harm by discharging his firearm at him. Boykins’ actions posed an imminent threat of serious bodily harm or death to Trooper McIntosh.
To prove Assault with the Use of a Deadly Weapon, the State must show that Boykins intentionally placed Trooper McIntosh in reasonable apprehension of immediate bodily harm or death by discharging a firearm directly at or near him. Physical evidence and recorded footage support the conclusion that Boykins was attempting to kill Trooper McIntosh and to commit an assault with the use of a deadly weapon upon him. Trooper McIntosh’s BWC and dashcam captured the sequence of events, showing Boykins deliberately pointing his firearm at Trooper McIntosh and firing at both him and his patrol vehicle. In response to the imminent threat, Trooper McIntosh returned fire through his own windshield. The only factor that prevented Boykins from continuing his deadly actions was the mechanical failure of his firearm.
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, Boykins’s actions, including initiating unprovoked gunfire at close range, constituted such a threat. Trooper McIntosh was legally and factually justified in using deadly force in response. Therefore, the use of deadly force by Trooper McIntosh 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/
