A woman has filed another wrongful death lawsuit against the city of North Las Vegas and a police officer over the 2022 fatal police shooting of her son.
Chris Smith Jr. died Oct. 10, 2022, after officer Anthony Malear shot Smith multiple times in a park near North Las Vegas Justice Court, according to a complaint filed Thursday in District Court. It’s at least the second lawsuit brought by his mother, Sharon Sanders, against North Las Vegas since Smith’s death.
The Review-Journal previously reported that Smith, 44, died of gunshot wounds to his torso and was also shot in the right arm and left leg, according to the Clark County coroner’s office. The coroner ruled Smith’s death a homicide, which is not a finding of criminal guilt.
North Las Vegas police said witnesses had reported to 911 that a man matching Smith’s description was pulling a gun on people at the MLK statue outside North Las Vegas Justice Court and at nearby businesses. Police said previously that Smith, who was seen wearing a Michael Myers-style Halloween mask, was shot after he disobeyed commands and pulled a gun from his waistband.
The lawsuit states Smith posed no threat just before he was shot and claims he never pointed a gun at anyone. Smith, according to the complaint, was shot as he was going to the ground or already on the ground, and Malear fired multiple rounds after Smith had discarded “or was in the process of discarding” his handgun.
Smith “did not shoot or physically injure anyone during this incident, nor did he attempt to do so,” the complaint said.
“Moreover,” the complaint continued, “the involved-officers had no information that anyone had been physically injured.”
Lawsuit claims no deadly force warning given
The lawsuit alleges that Malear never issued a verbal warning that deadly force would be used “despite being feasible to do so,” and that he had less-lethal options available. According to the complaint, Malear did not summon medical attention for Smith in a timely manner and prevented medical personnel on scene from quickly rendering aid.
Body camera footage of the shooting showed Malear telling Smith several times to stop and to put his hands up. Body camera footage played at a briefing after Smith’s death showed Smith pulling an object from his waistband that police said was a gun. Police said a 9 mm handgun was found near Smith’s body after the shooting.
Had Smith survived, police said in 2022, he would have faced several charges including robbery with a deadly weapon, with an enhancement due to the victim being older than 60. He would have also been charged with attempted grand larceny, possession of a stolen firearm, being a prohibited person in possession of a firearm, grand larceny of a firearm, carrying a concealed weapon and assault with a deadly weapon on a protected person.
According to Sanders’ complaint, the shooting amounted to an unreasonable and excessive use of force against Smith. Sanders argued Smith’s death was the direct result of the defendants’ alleged negligent and reckless actions.
Sanders is seeking compensatory damages to be determined at trial, as well as funeral and medical expenses, punitive damages, legal fees and other relief from the court, according to the complaint.
Lawsuit dismissed in federal court
Sanders filed a federal lawsuit in May 2024 in U.S. District Court in Nevada against North Las Vegas, its police department and Malear, but U.S. District Court Judge Cristina Silva ruled on March 25 that neither the city nor Malear violated Smith’s Fourth and Fourteenth Amendment rights. Silva dismissed Sanders’ claims in that lawsuit without prejudice.
According to the District Court complaint, Sanders is being represented by attorney and state Sen. Edgar Flores. Flores said in an email Friday he accepted the District Court case on behalf of California-based attorney Dale Galipo’s law firm.
Both Flores and Galipo represented Sanders in her federal case, court records show. Representatives for Galipo were not immediately available for comment Monday. Flores said he is not working on the District Court case and declined to comment.
A spokesperson for North Las Vegas said the city does not comment on pending legal matters but said Malear and the North Las Vegas Police Department separated in 2023. Attempts to contact Malear on Monday were unsuccessful.
Contact Casey Harrison at charrison@reviewjournal.com. Follow @Casey_Harrison1 on X.
