LAS VEGAS (KTNV) — Scott Phillip Dingman was shot to death on May 31, 2021, by John Powell Morgan III. Morgan claimed self-defense. Boulder City police believed him, and the case was closed.
Five years later, after the case was re-opened amid a 13 investigation, the district attorney has declined to prosecute — and the family and friends of the victim are once again turning to 13 Investigates in their search for justice.
Had Boulder City police done a different investigation originally, it's quite possible the D.A. would have agreed to press charges. By the time they reopened the case and gathered additional evidence and witnesses, a key piece of the puzzle was no longer available. D.A. Steve Wolfson says that makes proving the case too complex. Family and friends of the victim say it's a simple case of justice denied.
More than a dozen of them gathered recently at Scott's bench, a memorial to him at the Boulder City Veterans Memorial Park. They've spent the last five years fighting for justice and refusing to give up hope.
WATCH | DA declines to prosecute in Boulder City homicide case, citing death of eyewitness
"It is genuinely heartbreaking watching your family fight for something for so many years. It's just really, really hard," said Jaelyn Lowey, Scott's niece.
Kyle Duthie, who coached wrestling with Scott, believes, "This wasn't an accident. This wasn't self defense. This was a killing."
"The injustice in this case is absolutely disgusting to me," added another family friend. "It does not make any sense."
Disbelief, disgust, anger and confusion brought the group together to join their voices in a chorus calling for justice after learning of the D.A.'s decision.
Heather Noah, the best friend of Ashley Dingman, Scott's widow, said "It's heartbreaking and it's very angering to know that our district attorney thinks that letting this person walk free is justice."
Wolfson's office decided not to file charges for one reason — not because they don't believe Morgan may have murdered Dingman, but because Mike Henn, the man who witnessed the shooting, is now dead. Henn passed away in late 2025 after an apparent medical episode.
Henn had told police "he witnessed what he believed was a murder." In a 911 call, the dispatcher asked Henn, "Where did the person who did the shooting... where did he go?"
"He went into the house," Henn responded, adding, "I'm afraid, ma'am. He still has his gun."
Henn told the dispatcher that Morgan came back out of the house holding a gun after shooting Dingman. But police found only one gun at the scene — Dingman's gun, which was in his left hand. Dingman's family says he was right-handed and also had an injury to his left hand that prevented him from shooting a gun with it.
"Scott was such a great man and he deserves justice, and our family deserves justice," said Ashley. She hired retired law enforcement investigator Jamie Borden to review body camera footage and police records after Boulder City closed the case in 2021. Borden suspects Morgan may have staged the scene — theorizing that he may have put the gun in Dingman's hand after he died to bolster his claim of self-defense.
On police body camera video from the night of the shooting, Morgan tells officers that Scott, "started shooting at me." But Borden's review found that forensic tests confirm Dingman's 9mm gun was never fired. All of the shell casings from rounds fired at the scene were from Morgan's 40-caliber weapon.
"I have never seen flaws to this level that have gone unchecked," Borden said of Boulder City police's initial investigation.
Police records, as detailed in my original reporting, show:
- Morgan changed his story seven times.
- A post-mortem toxicology report confirms Morgan lied to police about Dingman being high on cocaine.
- Autopsy results show the bullet trajectory doesn't match Morgan's account of how he shot Dingman.
- Police found Dingman's wallet in Morgan's pocket, minus the $1,000 in cash Ashley said Dingman had withdrawn from their account earlier that day.
"We just cannot believe the overwhelming evidence that's out there that everybody has seen. And nobody's being held accountable," said Sherry Robinson, Ashley's mother. "This is just not right! This was murder! And something has to be done."
Though the new investigation developed new witnesses, additional evidence, and expert blood spatter and staging reports that led Boulder City Police to submit their request for prosecution, the D.A. said his team can't prove the case beyond a reasonable doubt without eyewitness Mike Henn.
"That, to me, is just a B.S. excuse!" said Darla Wing. She and her husband Mark were Scott and Ashley's neighbors.
"Do all of their cases — every case that they go to fight if they don't have an eyewitness — oh, we're not gonna go forward?! No! That's not how the system works!" Wing exclaimed.
Heather Noah agreed.
"The frustrating part is that had Boulder City Police Department handled this the correct way the first time, Mike Henn would still be alive," Noah said. "His testimony is not the only thing that can hold up a new case. There are so many cases that are prosecuted without eyewitnesses. Or 911 calls. The evidence that is left is unquestionably enough."
Another family friend echoed that frustration.
"There is evidence. There (are) ballistics. There is so much testimony that speaks to the fact that Scott was murdered," the friend said. "How is that not worthy of prosecuting this case?! And let it go to a jury to make those decisions based upon factual evidence, eyewitness evidence and testimony."
Friends and family have also documented their disgust in writing, sending multiple emails to the D.A.'s office.
"I don't understand how there's so much clear evidence of what really happened and they're just ignoring it," said Josh Dingman, Scott's brother, who was interviewed for the original story.
Josh's email to D.A. Wolfson reads:
"Let the jury decide. But do not tell our family that justice cannot be pursued simply because you are too scared that you will not win. Five years ago my brother was robbed of his life. Please don't rob him of justice too."
"I only find fault so far in the fact that we haven't had the ability to present a case to be brought to (a jury of our) peers, to be shown up in a courtroom, so this can go through the true trial that it deserves," said Daniel "Ryan" Stankovic, a family friend.
Mark Wing was direct in his criticism of the district attorney.
"I voted for the D.A. I thought he went after the hard ones, not just the low-hanging fruit," Wing said. "And it turns out he's the same part of the blue wall of silence that has been through the whole case, it seems."
The D.A.'s office declined multiple requests for an on-camera interview and has not responded to any of the emails family and friends sent.
"All the evidence is evident! I mean, the writing is on the wall! What is the holdup? Seems like the FBI would've gotten involved years ago! This man was killed! In cold blood! There's a problem here!" said Rose Rogers, a family friend.
"The community deserves to have faith in their justice system. It's not always perfect. But imperfection is a far cry from gross injustice," Noah said.
I asked for on-camera interviews with Boulder City Police Chief Tim Shea, Deputy Chief Aaron Johnson, and Det. Chris Slack, who was in charge of the reopened investigation. I wanted to know if they were planning to press the D.A. to reconsider filing charges. My requests for interviews were denied. The department said it cannot comment at this time but may be able to issue a statement soon.
I also reached out to Morgan's attorney for comment but received no response.
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