LAS VEGAS (KLAS) – Clark County held a fact-finding review on Thursday into the deadly police shooting of a 44-year-old man who at the time was wearing a Michael Meyers Halloween mask.

A North Las Vegas police officer shot Christopher Earl Smith five times on Oct. 10, 2022, after police said he failed to obey an officer’s command and then pulled out a gun from his pocket, according to investigators.

A fact-finding review is held when a police-involved death occurs, and the Clark County District Attorney’s Office preliminarily determines that no criminal prosecution of the officer involved is appropriate.

During the review, NLVPD Det. Shane Forsberg presented evidence showing there were at least three 911 calls on that day of witnesses saying Smith was threatening people with a gun.

Christopher Earl Smith was shot and killed by police on Oct. 10 after allegedly pointing a gun at an officer and bystanders while wearing a Michael Myers mask. (North Las Vegas Police Department)

It happened at the intersection of Carey Avenue and MLK Boulevard.

Smith’s family has criticized North Las Vegas Police Department for not using de-escalation techniques.

“We take de-escalation training but when somebody has a gun, we combat that show of force with an equal show of force, which would be a firearm,” Det. Forsberg said.

An autopsy report found Smith had high levels of alcohol, THC, and ethanol in his system.

The officer who killed Smith wasn’t charged.

At the end of the review, no formal determination about the manner or cause of death was rendered.

The review took place at the Commission Chambers at the Clark County Government Center, located at 500 South Grand Central Parkway. An ombudsman represented the public and the deceased’s family during the review.