Deadly 2018 shooting ruled self-defense
Homicide charges will not be filed in the 2018 shooting death of Jeromy “Joker” Vasquez, according to Fourth Judicial District Attorney Richard Flores.
“The investigation was conducted by the Las Vegas Police Department wherein they concluded that the shooting of Mr. Vasquez by Albert Herrera was self-defense,” Flores said in a press release. “The DA’s office concurs with their assessment.”
The determination comes more than two years after the Jan. 21, 2018, shooting. In that time, details on the case have been scarce. In March 2018 and June 2018, court officials told the Optic the case was sealed.
The Optic was granted initial LVPD incident reports in June 2018, as part of a records request made under New Mexico’s Inspection of Public Records Act, but those records did not identify who shot Vasquez.
Seeking reports from LVPD investigators, the Optic again filed an IPRA request in August 2019, but the request was denied by the city. The Optic filed a complaint with the Office of the Attorney General, which determined the city had violated state law by denying the request. A subsequent request for the records was granted in December 2019.
Following a Dec. 15 Optic story about the shooting, Flores told the Optic that LVPD had provided “additional information” in the case, and that a decision on charges would be made in early 2020.
During a Feb. 20, 2020, phone interview, Flores told the Optic that Herrera would not be charged in connection with Vasquez’s death. Flores wouldn’t provide details, but said he would send out a press release to explain the decision. The Optic followed up with Flores six days later and was promised details the next week. The Optic again followed up with Flores May 4, and received a press release May 12.
“The police investigation reflects that Mr. Vasquez initiated the incident by going to Herrera’s residence, armed with a firearm,” the press release stated. “The investigation further shows that Mr. Vasquez shot at Mr. Herrera.”
LVPD incident reports do not state investigators found specific evidence that Vasquez shot at Herrera; however, one officer wrote that a black handgun was found near Vasquez’s body, and that “the slide was locked back.” The officer wrote they believed the slide was locked because “there were no more bullets inside the magazine.”
At the time of the shootings, Vasquez was awaiting trial on charges of being a felon in possession of a firearm. The terms of his release stipulated that he wear a GPS ankle monitor, and that he was only allowed to leave his home in order to look for a new place to live, according to the DA’s office.
“Witnesses stated that Mr. Vasquez contacted the GPS monitoring company prior to the shooting and advised them that he was ‘looking for a house,’” the press release stated. “Mr. Vasquez lied and provided a deceptive reason for not being where he was required to be, so that he could be free to go to Herrera’s home.”
The shooting took place in the 2600 block of New Mexico Avenue. An autopsy performed by the Office of the Medical Investigator determined Vasquez, 36, died of multiple gunshot wounds. Vasquez was shot five times, with one bullet striking him in the chest and one in the stomach. Three others struck him in the back, according to the OMI report.
Following the shooting, Herrera was driven to the hospital in his mother’s SUV, according to LVPD incident reports. Investigators determined that somewhere between her home and the hospital, the gun used to shoot Vasquez was tossed from the window of the vehicle. The gun was never located.
LVPD executed a search warrant on Herrera’s home after the shooting, and according to incident reports, police located a loaded magazine for an AK-47-style rifle. Police also seized a “large amount” of U.S. currency, according to court records.
Herrera has served time in federal prison, and at the time of the shooting, he was on supervised probation for drug distribution and possession of a firearm in furtherance of a drug trafficking crime, according to an FBI search warrant affidavit filed in U.S. District Court.
Following the execution of the search warrant and during the investigation, LVPD consulted the FBI about filing charges against Herrera, the press release stated.
“The FBI advised that the United States Attorney’s Office rejected any possible charges against Mr. Herrera, to include felon in possession of a firearm, because they too agreed with the fact that Mr. Vasquez was the initiator of the incident, and that Mr. Herrera responded in self-defense,” the release stated. “They concluded that Mr. Herrera could assert the defense of necessity and arm himself since he was being shot at by Mr. Vasquez. Accordingly, District Attorney Flores has determined that no charges are warranted in this matter.”
