Lyon sheriff's department defends deputy who killed Fernley man

FERNLEY - In the face of accusations and demonstrations by friends and family of Josh Brinkley, the Lyon County Sheriff's Department contends one of its deputies was justified in shooting the 21-year-old to death Tuesday in his Fernley home.

As Lyon County Sheriff's Department Capt. Allen Veil said, a deputy with a gun pointed at him cannot know what to expect in mere milliseconds.

"It doesn't make any difference if the gun was loaded or not loaded," Veil said. "If a gun is pointed at you, it can fire in the blink of an eye. You've got fractions of a second to decide. It's display of a weapon in a threatening manner, and our deputies have extensive training on how to deal with those situations."

Lyon County Sheriff's Deputy Mike Gagne, a 17-year veteran of the force, has told the Sheriff's Officer that Brinkley pointed a handgun at him before he shot the Fernley man to death.

Veil confirmed Thursday that the handgun was retrieved as evidence from Brinkley's mobile home and is being studied at the Washoe County Sheriff's Department's crime lab. He said he has no knowledge of whether the weapon was loaded at the time of the incident.

In the aftermath of Tuesday's shooting at Trails End RV & Mobile Home Park, Gagne has been placed on routine administrative paid leave.

Veil said such a leave lasts a minimum of three days, and can continue if either the department or the deputy believes more time off is necessary.

During Gagne's absence from the force, friends and family of Brinkley have protested across the street from the deputy's home.

Veil said that Gagne has told the department he is fearful for his family's safety, and that deputies are patrolling his neighborhood to ease his concerns.

Jeff Vickers, who is Brinkley's brother-in-law, said Wednesday night's march was peaceful. It included walks from Brinkley's Dallas Lane trailer to the sheriff's Fernley substation and finally to across the street from Gagne's residence.

"We were just a friendly protest," Vickers said. "Some of the people were using bad language, but we stopped them. It was an orderly protest. We're still just very, very upset."

Friends and family, including Vickers, have said they are protesting because they believe there was no reason for Brinkley to be shot four times inside his home.

Lyon County Sheriff's Office dispatchers initially received a call at 3:22 p.m. Tuesday from inside the trailer park concerning a man with a gun.

Department officials said the caller accused Brinkley of pointing a semi-automatic handgun at a 10-year-old boy who lives in the trailer park. Investigators also said witnesses reported to police that Brinkley was following the boy and threatening to kill him.

Three deputies responded to the scene, and Brinkley was shot and killed minutes after they entered his trailer.

The sheriff's departments of Lyon and Washoe counties have begun a joint investigation, and rumors have swirled about how exactly Brinkley was killed.

Such rumors and speculation are harmful to the case, Veil said, and he is asking for people angered by Brinkley's death to put them to rest.

"I understand they're upset about losing a loved one," Veil said. "But putting out false information isn't going to help anyone. I've heard rumors that (Brinkley) didn't have a gun at all. Well, the handgun was collected from inside his travel trailer. Our deputy said the gun was pointed at him.

"We're doing the best we can to do a complete and thorough investigation."