A judge on Tuesday granted the release from jail of a man accused of shooting a co-worker at Atomic Golf and triggering an hourslong standoff last month.
Andrew Mullen, 39, faces one count of battery with a deadly weapon, one count of resisting a public officer with a firearm and multiple counts of discharging a firearm within a structure.
After hearing arguments from Mullen’s attorney and a prosecutor, District Judge Joe Hardy ordered Mullen’s release with conditions including that he not possess guns, undergo treatment, take his medication, stay out of trouble and stay away from Atomic Golf.
He will be placed on high-level electronic monitoring, the judge said. Under high-level monitoring, a defendant can live at home, but only leave their house for specific things like school or work.
Mullen’s bail was previously set at $150,000 in Las Vegas Justice Court. He appeared in court in Clark County Detention Center custody.
At the time of the shooting, defense attorney Alan Buttell said his client suffered a PTSD episode when he was working as an armed security guard at Atomic Golf.
“He is not a risk of flight or danger to the community,” Buttell argued. “The unique circumstances of this case, that happened about a month ago, will never repeat themselves again. He will never be employed in a position of possessing a firearm and being an armed guard in charge of security at a venue such as Atomic Golf.”
The defense attorney said Mullen is a combat veteran who served in Iraq and Afghanistan and suffers from severe post-traumatic stress disorder. Releasing him from jail would allow him to obtain his medication and resume treatment, the attorney said.
“I believe he has earned the right for this consideration,” he told the judge.
Chief Deputy District Attorney Jory Scarborough said he could not argue Mullen posed a danger or flight risk because of his lack of criminal history.
“I want to thank him for his service,” he said.
But, the prosecutor said, he still had “limited opposition” to releasing Mullen. He said he had questions about what triggered the shooting and concerns about those factors repeating themselves.
Hardy asked Buttell what precipitated the shooting, “other than the general statement that he has PTSD.”
Buttell replied that his understanding was that Mullen had started cutting back on his medication, which helped him to sleep better.
“That’s part of what happened,” he said, adding that Mullen would seek additional evaluation.
Mullen was concerned a group of Hispanic men he had removed from the venue were going to harm him and barricaded himself, according to a filing from Buttell.
Police said Mullen was in an office that had a darkened window connected to an employee break room.
When he heard the sound of a woman’s nails, “he believed this female was clacking her nails to lure him to fire his ammo until he ran dry,” an arrest report said. “The blacked-out window had a few holes which allowed Andrew to see movement. Once he saw the movement, Andrew stated he isolated his target and shot.”
The victim, who worked as a kitchen cleaner at Atomic Golf, reported to police that she heard a man’s voice say, “open the door.”
When she did, she was struck in the chest by gunfire, according to police. She survived the shooting.
Buttell said the woman startled Mullen, who “started shooting randomly.”
“There is no reason and no evidence to suggest or to believe that shooting her was intentional,” he wrote.
Mullen was arrested after a six-hour standoff, police have said.
Contact Noble Brigham at nbrigham@reviewjournal.com.
