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Tuesday, Sept. 21, 2010 | 10:01 p.m.
Erik Scott's Attorney
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Sun Archives
- Attorney for family in police shooting calls inquest process ‘a farce’ (9-16-2010)
- Attorney in Erik Scott case sends letter to judge over evidence (9-16-2010)
- Erik Scott’s family asks to view evidence before inquest (9-9-2010)
- Inquest into police shooting to be broadcast on cable TV (9-7-2010)
- Inquest set for Sept. 22 in police Costco shooting (8-12-2010)
- Metro mails Costco customers to find witnesses in police shooting (8-18-2010)
- Candlelight vigil held in memory of man killed by Metro Police (8-11-2010)
- Planning for a situation like recent Costco shooting not easy for police (7-19-2010)
- Man killed by police in Costco shooting honored at memorial (7-17-2010)
- Metro IDs officers in fatal shooting at Summerlin Costco (7-12-2010)
- Officers fatally shoot armed man at Summerlin Costco (7-10-10)
A coroner’s inquest into the death of 38-year-old Erik Scott, shot by Metro Police officers July 10 at a Summerlin Costco, is set to begin Wednesday morning at the Regional Justice Center in downtown Las Vegas.
The family of Scott, a West Point and Duke University graduate with a concealed weapon permit, has denied Metro’s version of events and has been openly critical of the inquest process.
At a brief news conference held across the street from the scene of the shooting on the eve of the proceedings, Scott’s parents and brother said they wanted more answers and accountability than the inquest process could provide.
His father, Bill Scott, expressed frustration with the inquest process and said he just wants the truth about what happened that day to come to light.
“This is nothing but theater. This is reality TV. And the sole purpose of this is not fact-finding — it is to exonerate three cops that killed my son,” he said.
He also said he was anticipating attacks on his son’s character from the witness stand.
“Instead of a very short, factual inquest hearing, I think you’re going to hear day after day of attempts to trash my son’s reputation and make him look like he was something other than he really was,” he said.
Police have said officers responded to the store after a Costco employee called 911 to report a man acting erratically, damaging merchandise and carrying a pistol in his waistband.
Authorities said he pointed a gun at officers before he was shot, but some witness accounts have differed with Metro’s version of events.
On Monday, Bill Scott posted an entry on the family’s blog detailing the medications his son had been taking. In it, he writes that his son had been taking a number of drugs, including prescribed painkillers for a back injury as well as steroids. Heart medication, a number of over-the-counter supplements and antidepressants also were found in his son’s system, he said.
“Whatever happened, whatever he might have been taking, whatever treatment he might have had, has absolutely nothing to do with the three to five seconds it took for those cops to determine that he was a danger, and they shot him to death,” he said Tuesday afternoon. He said he posted the information publicly because he knew “what they’re going to hit us with” during the inquest.
He also referenced what he called the attacks on his son’s character that had been leaked to local media outlets in recent weeks. He said the real story about what happened that day would only come to light when surveillance video — video Metro has said can’t be recovered — of the incident was released.
Erik Scott’s mother, Linda Scott, called the process unfair and one-sided.
“This should never have happened. This was a tragedy that should not happened in the United states of America...The way it was handled, it’s like something that happened in a Third World country,” she said. “We’re going to fight for justice, as long as it takes.”
Within weeks of the shooting, Erik Scott’s family had launched a campaign to raise awareness about the incident at both the local and national level, including purchasing ad space on Las Vegas billboards and flying banners over California beaches.
Erik’s younger brother, Kevin, said the inquest, which is expected to last through the end of this week and could spill into next, marks the start of his family learning some important details surrounding his brother’s death.
“Although this is going to be an extremely trying few days and probably some of the worst days of my life, we’ll finally get some evidence,” he said. “The optimist in me is looking forward to hearing 911 calls and hearing more about Costco (video) recordings.”
Through their attorney, Ross Goodman, the Scott family had requested to view the evidence that will be presented to the jury before the inquest began. That request was denied last week.
Family members said they didn’t believe that surveillance video, even if it had been recovered, would be shown to the jury. They also said they wanted federal investigators to get involved.
Metro has identified the three officers involved as William Mosher, 38, who has been with the department since June 2005; Joshua Stark, 28, with the department since September 2008; and Thomas Mendiola, 23, with the department since March 2009.
The men have been on paid administrative leave since the shooting, in accordance with department policy. All three are patrol officers assigned to the Northwest Area Command.
A jury of seven will determine whether the officers’ actions were justified, excusable or criminal. Coroner’s juries do not have to be unanimous in reaching their decisions.
The inquest will be broadcast live on the Clark County cable television station, Channel 4.
Erik Scott’s girlfriend, who was with him at the Costco store, is expected to be among the dozens of witnesses called to testify. Las Vegas Justice of the Peace Tony Abbatangelo will be the presiding officer.
The inquest originally was scheduled for Sept. 3 but was postponed because of time constraints and to permit investigators time to gather more information in the case.
The inquest into Erik Scott’s death comes on the heels of an inquest into the controversial shooting of Trevon Cole, who was shot to death in his apartment during the execution of a narcotics warrant. Cole was later found to be unarmed.
Jurors determined that Metro Police Detective Brian Yant was justified in that shooting.
Discussion: 7 comments so far…
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All in the sudden we have an unfair inquest. When I black male is shot it is fair. Now a West Point Grad and Duke grad gets shot, it's unfair!!!! But when a poor black kid gets shot it's fair. How racist is that. what about the teenager who was shot running away from the police handcuffed? So he was changed with murder. But running away? Handcuffed? He had no weapon. Mr Scott had a weapon. He could have did anything to provoke his death. God be with his family but before you scream how unfair the system is- REMEMBER WE(BLACKS) HAVE BEEN SCREAMING AND YELLING TO PEOPLE WHO IS DEAF FOR YEARS.
The inquest process is deeply flawed and just about everyone knows it.
At the Cole inquest, Officer Yant's testimony contradicted the physical evidence, the medical examiner, and his fellow officers' testimony while under oath. Yet Yant walked away from his second killing with a "justified" finding.
In the Scott case, I'll be interested in seeing: 1.) The videotape; and 2.) The girlfriend's testimony, as she was the only person that witnessed the incident from start to finish, from Scott's interaction with the Costco employee to the killing itself.
If the videotape--the only objective evidence--is not available, there had better be someone not on Metro's payroll (i.e., FBI forensics) around to testify about why the videotape can't be produced.
From what I can tell, Metro appears to hope that they can divert attention from an objective evaluation of what actually happened that day to speculation about Scott's past, even though Scott had no criminal record and the only negative things about him have come from two ex-wives whom he divorced and sought money from Scott (after HE filed) along wiht the owner of a pit bull that attacked Scott and whom Scott reported to authorities.
If Metro can only rely on smearing Scott's reputation or using speculative evidence to offer explanations for what "might" have caused Scott to act erratically when many eyewitnesses say he wasn't acting erratically at all, I'll pretty much know they've got nothing.
Let's see the videotape and hear the eyewitness testimony from the girlfriend.
@lampshade,
The first accusation of domestic violence was filed in Colorado while his first ex-wife was living in Nevada. We won't even discuss the jurisdiction issues there. The complaint was made after he filed for divorce. The judge in Colorado who was presiding over the case tossed it out, saying that it should have never been filed.
I would be very careful of giving the claims made by the second ex-wife any creditability. Her name was Lydia Gorzoch, and in 1999 she was involved with a former Metro officer named Jon Brown. He almost died in her apartment while ingesting GHB and Ecstasy. At his trial, he claimed that he took them by accident. She accepted a plea deal and was placed on probation. She was the one who made the claims about pain killers and steriods. In her divorce complaint she made accusations of threats, but provided no specifics, and no records exist of domestic violence complaints filed by her against Scott. Within hours of Scott's death, she was in contact with Metro offering to provide some "dirt" on him.
http://www.lvrj.com/news/darker-details-......
The report of pointing a gun was investigated by Metro and NO charges were filed. The only report that was filed was the one filed by Erik Scott with animal control on the dog bite he got from that neighbors dog.
There is a difference between being a drug addict and have prescription pain medication. There have been no indications that he was a drug addict.
His CCW was issued by Metro in 2008 after a background check. This was AFTER the allegations of domestic violence filed by his ex-wives.
How many "scumbags" do you know that have graduated from West Point and have an MBA from Duke University. By the way, his job paid him 6 figures a year. Some "scumbag".
lots of speculation but very little facts. coroners inquest will only leave many questions to be answered. this is an exercise in futility, but i agree with the previous comment from Steve88, the blacks have been getting the ' shuffle and jive' routine for many years. like any other race, you got the criminal element, but for the most part, they have been getting it stuck to them for a long time.
The guy was a walking pharmacy with a documented history of violence. I believe every word of Metro's story and hope the officers are finally cleared of any wrongdoing and can return to the streets by the end of the week.
And I hope we've all learned a valuable lesson: If you don't want to get shot by Metro, don't attempt to pull a weapon on them.
Re: ImNewHere's comment. I agree completely. Now the family is proactively telling us that he was on several medications, including "antidepressants." A medicated person carrying a sidearm in his waistband acting erratically in a Costco, where hundreds of other shoppers are potentially at risk. Perhaps a person on antidepressants shouldn't be carrying a weapon? I won't be the least bit surprised when the police are cleared of any wrongdoing.
@ImNewHere. What documented history of violence? The allegations of domestic violence by 2 ex-wives. See my comment above. There were never any domestic violence charges filed. Metro did a background check prior to issuing the CCW in 2008, which was well after the domestice violence allegations were made. The issue with the neighbor was also investigated by Metro and no charges were filed. The only report made was by Scott to animal control concerning the dog bite that Scott got from that same neighbors dog.
I still find it amazing how many folks in Vegas law enforcement want to justify the shooting based on the personal background of a man that has no criminal record and was legally taking a prescription drug.
Because that's a much better way of determining whether the shooting was justified, than oh say, showing the videotape of the actual event or listening to the girlfriend that witnessed the entire incident firsthand at Costco from start to finish....
No criminal record. No illegal drugs. No evidence of "erratic" behavior reported by his co-workers or friends. Just speculation from strangers and unsubstantiated allegations from three people that Erik Scott crossed over the course of 38 years.
After watching the Scott case, I realized just how much trouble I'd be in if I were in Scott's situation. When I was an Army officer, I had several soldiers that I turned over to military justice for prosecution or non-judicial punishment (i.e, Article 15). If even a few of them came out after I had died and made allegations, I can only wonder how I'd be portrayed.
Erik Scott reports the owner of a vicious pit bull that attacked him to the authorities and somehow the pit bull owner now becomes the victim?!?! Funny, how Metro investigated the incident and found the pit bull owner at fault originally. I guess the facts of the investigation changed over time?
We've got two ex-wives that don't make any allegations against Scott until they're seeking money from Scott. Domestic violence is usually about control and power. And abusive husbands seeking to control their wives aren't normally the ones that seek the divorce. Metro conducted a background check on Scott after both marriages and found nothing that would prevent him from getting a concealed weapons permit. I guess the facts of the investigation changed over time?
Amazing what can be used to impugn someone's character of someone without a criminal record, with no evidence of illegal drug use and no history of erratic behavior from anyone outside of three people with obvious axes to grind. So about that videotape....
<In it, he writes that his son had been taking a number of drugs, including prescribed painkillers for a back injury as well as steroids. Heart medication, a number of over-the-counter supplements and antidepressants also were found in his son's system, he said>
That's a lot of meds, some of which perhaps should not be taken together.
<...and was legally taking a prescription drug>
You must not know much about prescription drugs. Many people are addicted to those legal prescription drugs. Just because they are "legal" doesn't mean the side effects will not have a negative effect on a person especially if some of those drugs should not be taken together. Doctors KNOW this and STILL prescribe drugs that don't mix and match. People have to rely on their pharmacist to get the real information. Or if they are smart - ask their doctors.
Half the drugs doctors prescribe today are STILL in trial stages, too, with not enough data on side effects. Again, if you know and trust your pharmacist - ask him/her about it.
Just because it is legal doesn't mean it was safe or should have been taken.
I cannot believe that Mr. Scott is saying anything about a smear campaign. What has he been doing since the incident?
All his efforts are toward painting his son as a saint, and that the evil officers of Metro killed him!
And how about the police as a department, withholding evidence, not allowing the family to "examine" evidence, and hiring a lawyer and a "family spokesperson" to rant about the evil cops.
The D.A. releases evidence, "discovery" during a criminal trial, but not in a inquest unless ordered by the judge.
Not once, even after he "released" the list of all crap his son has been ingesting (on the eve of the inquest)did he ever say that his kid might have been at fault.
Sure Erik might have been a decent guy, when he wasn't taking a smorgasbord of drugs, but don't you have to wonder, if he was taking 32 different things, that he might be acting a little "different."
We see stroies all the time about people taking "a" drug, driving and killing someone, but how about the responsibility of a "CCW" holder, not carrying a gun or two while under the influence of medications. (believe it or not, possession of a firearm while under the influence IS a crime)
If Erik was such a saint, a West Point graduate, intelligent officer, firearms expert and such an all around good guy, then why was he carrying a gun while taking drugs? He shouldn't have been driving, let alone carrying a weapon.
<showing the videotape of the actual event or listening to the girlfriend that witnessed the entire incident firsthand at Costco from start to finish....>
Is the girlfriend's testimony to be trusted? IF the cops were right and her boyfriend was wrong, do you really think she is going to testify truthfully?
I hope the victim's family has not gotten to her and she tells the truth on what really happened. She is basically the key witness to this whole thing.
Chunky says:
He's outta here!
Thanks to everyone for all the mentions and even personal emails showing support for Chunky's common sense straight-forward comments. "Chunky For Sheriff" was one of his favorites!
While Chunky supports a moderated comment section and even private ID verification with the Sun, Chunky frequently comments with direct insider information that could not only endanger the Chunks family business/employment relationships but their personal safety as well.
Journalists and news media have a long history of protecting their sources of information, some journalist have even gone to jail in the process. Will the Sun now begin revealing discreet sources of information contained in their stories?
Without anonymity the comments section of the Sun will simply become a watered down, colorless version of beige full of "I agrees" "Me too" etc..
Chunky wishes the Sun would have taken a middle of the road path where identities are known and confirmed with staff, but safeguarded, protected and anonymous online.
That's what Chunky thinks!
At this point, I do find it impossible to believe what the police will say while testifying, as there is no consequence for them to lie, and they do have every reason to twist the story to their advantage. Let's watch the video's and listen carefully to what the witnesses, other than the police, have to say. The inquest process may exonerate the police, but the court of public opinion need not make that same verdict. As to the DA, Rogers . . . it is time for his office to take these issues seriously. The fact we don't have action as related to the Cole case is very disturbing to me. The Cole case appears to be murder, bloody murder. The ice cream lady case appeared to be murder, and how many other cases can we say murder? Far too many cases of police murder, for me to stomach. To make matters worse, the Jury Forman from the Cole case seems to suggest, to me, that the jury instructions in these cases guarantee that every shooting will be justified. The inquest process has evolved into a public dog and pony show white wash for police murders. The inquest process also gives the DA cover to not aggressively pursue murders committed by the police. This must change.
Hey, Chunky:
I couldn't agree with you more! You've stated (in your often-emulated, third-person style) EXACTLY what I, as an avid comment-reader and occasional poster, felt when I read about the Sun's policy changes.
In fact, I had to re-read the part about "...with the exception of first and last name..." Huh? What could possibly stifle ALL creative and intelligent discussion MORE than publicity of commenters' FIRST AND LAST NAMES?!
We'll miss you, Chunkster, but maybe your post will help Sun staff see the effects of their (erroneous) decision.
Why were the police not checked for drugs in their systems? They pulled the trigger not Mr. Scott. Why is Officer Moshers clouded past not being mentioned? What really happened to the Costco video? Why do the police refuse to release the original 911 call? Why were multiple officers giving him conflicting commands while 3 officers held him at gunpoint? Why were witnesses asked to leave the scene that said Mr. Scott was not pointing his weapon at the police????
@ Det_Munch: You must be a physician giving such insightful commentary about which drugs a patient should or shouldn't take. With Metro's track record, I presume Mr. Scott innocent.
Perhaps you all remember Deshira Selimaj, the ice cream woman who was tazered and shot by police in front of her husband and two children. The police first tazered her, then, because 50,000 volts apparently wasn't enough to subdue her, the police shot her. To add insult to injury, the police then handcuffed her, and propped her up on the sidewalk instead of attempting to administer first aid. Somehow the inquest jury found the police officers justified.
The inquest is certainly nothing more than a formality to clear police officers who commit unjustified, unexcusable shootings. The inquest is conducted by David Roger, who, according to Clark County Code, Section 2.12.080(g), "shall serve as a neutral presenter of facts." Clearly David Roger, who relies on the police to gather facts and investigate crimes he prosecutes, cannot be a "neutral presenter of facts" in an inquest that could lead to the arrest of a police officer involved in the shooting under Nevada Revised Statute (NRS) 259.130.
As Ross Goodman stated, the inquest is inherently flawed, and, as history has proven, is useless!
Det_Munch wrote:
"Is the girlfriend's testimony to be trusted? IF the cops were right and her boyfriend was wrong, do you really think she is going to testify truthfully?"
On the other hand, If the girlfriend's testimony was right and her boyfriend was blaimless, do we really think the police are going to testify truthfully?
<showing the videotape of the actual event or listening to the girlfriend that witnessed the entire incident firsthand at Costco from start to finish....>
Is the girlfriend's testimony to be trusted? IF the cops were right and her boyfriend was wrong, do you really think she is going to testify truthfully?
I hope the victim's family has not gotten to her and she tells the truth on what really happened. She is basically the key witness to this whole thing.
*******************
So, basically according to you It's O.K. for the COPS to get to the girlfriend and threaten her but we certainly can't have the family talking to her...
Oh! we mustn't have that!
@Det_Munch: I agree that some drugs should't be taken in combination. But I find the suggestion that because Scott was taking prescription drugs the shooting is justifiable somewhat of a red herring.
The video would show what really happened that day. Metro is asking people to believe that the prescription drugs made Scott act erratically. Yet
none of Scott's co-workers have ever claimed he acted erratically. Several eyewitnesses in the store denied that Scott was acting erratically.
The only sources Scott behaving "erratically" come from two ex-wives and a guy Scott reported to authorities after the guy's pit bull attacked Scott. That's three people with obvious axes to grind over the course of 38 years.
The videotape is the only objective, conclusive piece of evidence.
In the absence of videotape, I find the girlfriend's testimony to be key. Many of those that will testify today have a vested interest in lying--the Metro officers that would be facing manslaughter charges, the Costco employees that may face criminal and/or civil suits, etc.
The only source we have left would be the eyewitnesses. The girlfriend was just that--a girlfriend, not a wife. She has no legal right to any damages resulting from a civil suit on Erik Scott's behalf.
She also witnessed the entire incident and would have seen and heard the same things Erik Scott heard (unlike an eyewitness standing 20 feet away).
So yes, in the absence of the videotape, I'd put a great deal of weight on the girlfriend's testimony.
<@ Det_Munch: You must be a physician giving such insightful commentary about which drugs a patient should or shouldn't take. With Metro's track record, I presume Mr. Scott innocent>
Lawdogg
No not a physician, but it's called "common sense" and most people just TRUST their doctors when they prescribe meds. People die every year or suffer serious consequences because they are uninformed of the problems with mixing certain legal prescribed drugs.
<@Det_Munch: I agree that some drugs should't be taken in combination. But I find the suggestion that because Scott was taking prescription drugs the shooting is justifiable somewhat of a red herring>
Never implied nor suggested the shooting was justifiable. But mixing drugs would cause such a law abiding citizen and someone as level headed as you, SummerlinCC, to have adverse side effects and cause you to "not be yourself".
I am fairly certain a competent attorney would find the clark county grand jury inquest process is in violation of US citizens civil rights to a fair trial and essentially protects the police dept personenel, making them above the law and licensed to kill servants of the local government. Hence the apparent "shoot now ask questions later we can always have the trial after the funeral." mentality of many in the the metro police dept. In short they may all very well be co-conspirators in a criminal activity. And if nothing else I fail to see how any self respecting individual and citizen of the USA could in all good consience continue to associate themselves with such a group that feels it can act above the law and pretend to preserve and protect when they are part of what is obviously a goon force immune from prosecution and protected by local authorities in a "for show" theatrical production presented to appease the general public about the activities and practices of police officers.
How sad that this guy's reputation will be posthumously run through the muck because of Metro's "shoot first, ask questions later" policy.
It is certainly a good possibility that Eric Scott was NOT "himself" that day @ Costco.
That DOES NOT MEAN that Metro's Modus Operandi is "excusable"...
In fact, I find it frightening and reprehensible.
This IS NOT just about The Eric Scott Case.
It's an indictment by The Public about how Metro does business.
If you can't see a PATTERN in Metro's actions over the course of the past few years that is different from OTHER LARGE, URBAN DEPARTMENTS, then you ain't lookin'; or are unaware as to how things work outside Las Vegas, NV.
At the VERY LEAST, in an effort to quell the growing tide of dissatisfaction and distrust of Metro and their myriad issues, an independant third-party investigation should have been done with the Eric Scott case; with honest, open, public discourse as to how to handle FUTURE police shootings.
Protect & Serve...
Is that what we're getting???
Even IF he was on METH and screaming at the top of his lungs as he came out of Costco IN A CROWD OF INNOCENT bystanders, do you think firing 9 rounds near all those other people is professional?
And the IF is a very big IF.
I think all three should be off the force or behind a desk collecting dust until their mental capacity rises and their testosterone level gets to level where they think BEFORE DRAWING A LOADED GUN IN A CROWD.
In most states, they would be still filling out paperwork and attending classes and hoping to still have a job for that kind of reckless discharge.
The cops here should know all about lying on the stand, they do it SO well. "The family getting to the girlfriend" before police do? What drugs are YOU taking? All you cops are a society of thugs! You are cops, and stupid at that. How long do you think an American public is going to put up with you? I already know what's going to happen at the inquest, everybody does. Down with Gillisppe and his thugs!
"Even IF he was on METH and screaming at the top of his lungs as he came out of Costco IN A CROWD OF INNOCENT bystanders, do you think firing 9 rounds near all those other people is professional"
BrianJ,
Should the police allow an armed person, who was reported to be acting erratically to just walk away?
Had they comfronted the ARMED man with their weapons in their holster, then they are not prepared for a deadly encounter.
And where do you get your info? 9 rounds?
All reports say 7 rounds, and the ME confirmed that.
"Why is Officer Moshers clouded past not being mentioned?"
MG,
What "clouded past are you referring to, the one where he was forced to fire upon an armed person, and was found to be justified?
Why is that "clouded?"
Should all officers that have to shoot someone be fired or be required to be on some kind of desk duty?
If that starts, you will have cops that do not respond to possibly dangerous situations (any call) because they don't want to lose their job.
THIS OLD LADY HAS BEEN TRAINED BY THE POLICE, LOOK HOW SHE PERFORM THE TESTIMONY, WHAT A SHAME.
shouldn't someone spending that much time in front of doctors and so wrapped up in medication instead of personal responsibility be contained? f'in loser, should've shot him 8 times.