Family of 12-year-old shot, killed by Henderson police in hostage situation files lawsuit

The family of a 12-year-old boy who was shot and killed by Henderson Police Department officers in a hostage situation outside of an apartment complex filed a lawsuit Monday in District Court alleging the wrongful death of Joseph Hawatmeh.

On Nov. 3, 2020, a 38-year-old gunman, Jason Bourne, killed Dianne Hawatmeh, 38, Joseph Hawatmeh’s mother, and paralyzed Yasmeen Hawatmeh, his sister.

Bourne then took Joseph Hawatmeh hostage in his family’s black Cadillac Escalade and called 911 himself while still holding the gun. “I forgot to take my medication,” transcripts show Bourne saying while on the call.

According to the lawsuit, “the scene was set” for a hostage standoff between Bourne and the Henderson Police Department. But while the SWAT team was called to the scene, by the time they showed up, the lawsuit said Henderson police officers had already shot and killed Bourne — and 12-year-old Joseph Hawatmeh.

“Someone, in one day, losing a 12-year-old child, a wife and having a 16-year-old daughter forever be a paraplegic — the significance of that is so patently difficult,” said Roger Croteau, lead attorney for plaintiffs Iehab, Yasmeen and Layth Hawatmeh, Joseph Hawatmeh’s brother.

While the lawsuit was filed in District Court on Monday, the Hawatmeh family first filed a case in federal court, in which a judge dismissed the plaintiff’s federal law claims but dismissed the state law claims without prejudice, meaning they could be filed again in state court.

The defendants, including the Henderson Police Department, argued in court records that the complaint made by the Hawatmeh family failed to state a constitutional violation.

“Joseph was a hostage who was, at most, accidentally shot,” a motion filed by defendants said. It also said Bourne “needed to be stopped immediately.”

Madeleine Skains, a spokesperson for the city of Henderson, said that the city has no additional comments on the case beyond those already made in federal court filings.

Croteau said that so many aspects of the case were difficult, and said he thought the case should be reviewed in federal court. “It was a really significant endeavor,” he said. “There’s just a lot to it.”

The day of the standoff

The fatal events that unfolded on Nov. 3, 2020, happened at the The Douglas at Stonelake apartment complex in Henderson at 1445 Stonelake Cove Ave.

Dianne Hawatmeh made a noise complaint about Bourne, who lived in the apartment right above them. But when Dianne Hawatmeh and Yasmeen Hawatmeh came home, Bourne burst into their apartment after them, shooting and killing Dianne Hawatmeh, as well as Veronica Muniz, a housekeeper, and rendering Yasmeen Hawatmeh paraplegic.

Joseph Hawatmeh called 911 and told the dispatcher that “somebody’s in my apartment with a gun.” Bourne then instructed Joseph Hawatmeh to retrieve the keys to his family’s car before taking him outside and putting him in the passenger seat.

When Bourne called 911 from the Escalade, he told the dispatcher that he wanted a helicopter, had a gun and had a hostage with him. “A chopper, a big chopper,” Bourne said, advising the 911 dispatcher they had 10 minutes to get him his helicopter.

The lawsuit alleges that the 911 dispatcher “knew or should have been reasonably aware that Bourne was having a mental health episode of some type.”

Bourne had taken with him Joseph and Yasmeen Hawatmeh’s phones, and when Iehab and Layth Hawatmeh called Yasmeen Hawatmeh’s phone, Bourne told Joseph Hawatmeh to answer it.

“Ultimately, Iehab and Layth heard the gunshots that resulted in the deaths of Joseph and Bourne,” the complaint said.

Sixteen officers eventally surrounded the Escalade, according to the lawsuit, which said that one officer, James Pendleton, on instruction from officer Jaime Smith, shot once, striking Bourne.

But what ensued is described in the complaint as “a volley of consecutive gunshots” that mortally wounded not just Bourne, but also Joseph Hawatmeh.

Allegations faced by Henderson police

All in all, 28 total shots were fired into the car, the lawsuit alleged. Under the circumstances, the complaint said that Henderson police officers should have reassessed and de-escalated the scene in accordance with standard procedure in hostage situations.

Specifically, the lawsuit alleges that Smith failed to secure the scene to allow a SWAT negotiator to perform alternatives.

“It was the police defendants’ outrageous decision under these facts to use lethal force to attempt to kill Bourne that ultimately lead to Joseph’s death,” the lawsuit said, alleging broad failures in communication, among others.

In a videotaped deposition in August 2023, Pendleton testified that Bourne was never seen shooting anything, raising his gun or threatening officers from inside the car.

But a motion filed by defendants in federal court stated that Smith said Bourne had “put a gun up” to Joseph Hawatmeh when Pendleton shot him. “And then everyone fired,” she said.

On Jan. 23, 2023, the Clark County district attorney’s office ruled that none of the seven police officers who opened fire should face criminal charges.

Contact Estelle Atkinson at eatkinson@reviewjournal.com. Follow @estellelilym on X and @estelleatkinsonreports on Instagram.