Witness says boy tried to give up

North Las Vegas police refused Thursday to release the name of a rookie officer who shot to death a 16-year-old boy three days ago, disregarding a standard department practice of making public within 48 hours the name of an officer who kills someone.

Also on Thursday, the family of slain teen Billy "Boo" Finks presented a written statement from the dead boy's friend -- the only other witness to the shooting. The account contradicts the police version of events by claiming Finks was trying to surrender when the officer opened fire.

The officer who killed Finks told police investigators the boy was wielding a gun when he shot the youth. But when police backup units arrived at the shooting scene near Decatur Boulevard and Rancho Drive, they found a toy revolver a few feet from Finks' body.

The officer told police he fired two shots when Finks began raising his arms while holding the chrome plaything the officer believed to be a real firearm.

Police Lt. Art Redcay said the decision to withhold information typically released after an officer-involved slaying was made after police received death threats against the officer who fatally shot Finks Tuesday morning on a dead-end dirt road just west of the North Las Vegas Airport.

"We're getting calls from people saying 'We want blood,' " Redcay said. "We believe the people making the threats are capable of carrying them out ... and the information that we have is that the family is perpetuating this thing, and that it's them that wants to take revenge."

Redcay said the threats were reported by at least four police sources and that the department is taking additional safety precautions because of the credibility of the threats.

Finks' family denies making the threats, saying they believe the officer's name is just one of several facts police are withholding from the public. Finks' parents say they think the officer who fatally shot their son is lying about the circumstances under which he used deadly force.

After spotting Finks and 15-year-old DeMario Payton in a car reported stolen, a North Las Vegas police officer told investigators he followed the boys south on Decatur to Roberta Lane about 8:45 a.m.

When the boys came to the end of the blocked road, the officer pulled up behind their car. The officer then got out of his car, drew his .40-caliber sidearm and positioned himself behind his patrol cruiser's open door.

The officer told police investigators the boys ignored several verbal commands to remain in the car. He said when Finks exited, the boy turned with his hands held together near his chest with the chrome barrel pointing at the officer.

The boy ignored several commands to drop the gun, the officer told police. The officer fired two shots, one of which fatally struck Finks in the chest.

In a 3 1/2-page statement he scribbled into a spiral notebook and gave to Finks' family Wednesday evening, Payton wrote that Finks complied with the officer's commands.

"Billy said something about a cap gun, but the cap gun was not in his hand. His hands was in the air like he was surrendering," Payton wrote. "He didn't point the gun at nobody. He had his hands in the air, did everything he said."

Attempts to reach Payton for an interview about what he wrote were unsuccessful Thursday.

Redcay said he couldn't comment on what Payton told police, but he did say Payton's written account did not jibe with videotaped testimony the youth gave at a police station while being questioned without an attorney or parent present.

"The young man's not being truthful," Redcay said. "When he's sworn in at the coroner's inquest, we'll see what he has to say."

A Clark County coroner's inquest, tentatively scheduled for March 23, will determine whether the officer's killing of Finks was justifiable, excusable or criminal homicide.

Regardless, Finks' mother says she believes what Payton told her and wrote in his statement.

"The first step he (the officer) took was to shoot," Sherry Finks said. "There's too many people getting killed by police and it getting called justified. ... This was not justified. They didn't need to shoot my baby down like a dog."