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StumbleFatal Costco shooting: The family’s view
Tuesday, Sept. 21, 2010 | 2:01 a.m.
My son, Erik Scott, was shot seven times by three Metro Police officers on July 10. He died on the concrete in front of the Summerlin Costco store. The incident stemmed from Erik legally carrying a concealed weapon, which was spotted by a Costco employee.
We, the family and Erik’s friends, have given “the system” a chance to conduct a thorough investigation, interview witnesses, assemble evidence and draw conclusions that might answer the myriad questions that have dogged this city-shocking case for more than two months. A coroner’s inquest hearing that begins Wednesday will be the first time Metro and the district attorney will share any information with us and Las Vegas citizens.
While billed as a “fact-finding” exercise, the Clark County inquest process is structured to guarantee that the three shooters will not be held accountable for killing Erik. Only Metro officials and the district attorney are allowed to present evidence, witnesses and testimony to a seven-person jury. The family’s attorney, Ross Goodman, is not allowed to cross-examine Metro’s witnesses, challenge any Metro-provided evidence, or present any of our approximately 30 witnesses. He can only submit written questions to the presiding officer, Justice Tony Abbatangelo, who may or may not read them aloud in the jury’s presence.
Why would anybody take these proceedings seriously when there’s no real opportunity to rebut any allegations? Consequently, the Clark County coroner’s inquest hearing into Erik Scott’s death will be staged, carefully rehearsed theater — a scripted “reality” TV show. It has nothing to do with fact-finding, truth or justice. Its sole objective is to exonerate Metro officers William Mosher, Joshua Stark and Thomas Mendiola. And it absolutely will not hold them or anybody else accountable. There’s a very high probability that those officers will be back on the street very soon.
This predetermined outcome should scare every person in Clark County. When no police officer has ever been held accountable for killing Erik Scott, Trevon Cole and other victims of officer-involved shootings over three decades, where’s the motivation for a cop to exercise restraint, to defuse a tense situation or opt for nonlethal measures? Clark County history indicates that the coroner’s inquest process virtually guarantees an officer who fires his weapon will never be found at fault.
This bizarre kill-and-walk environment of non-accountability is light years from how professionals operate in my world, the aerospace, aviation and flight-testing communities. If an airline pilot has an aircraft accident that results in a fatality, he’s immediately grounded and given a urine test. An independent federal agency, the National Transportation Safety Board, dispatches a team of experts to examine the damaged aircraft, its maintenance records, the pilot’s training and every detail of the pilot’s life — medical records, duty time, recent rest periods, financial condition, etc. The pilot is subjected to extremely intense scrutiny, and his flying career is dependent on the outcome of that NTSB investigation.
And please note that aircraft accidents are not investigated by the airline involved. The carrier will make its people available to assist, but the NTSB team conducts its own, independent investigation.
In contrast, Las Vegas Metro conducts its own internal investigation. The homicide unit is doing so for Erik’s case. But Sgt. Russ Shoemaker and his team launched their investigation with a figurative patch over one eye. To my knowledge, the three shooters were not required to submit a urine sample, which would show whether they had consumed illegal drugs or slammed energy drinks before rolling on the Costco call.
And the Costco security-surveillance video data, seized immediately after Erik’s shooting, had already been whisked out of state. A few Metro officers had taken a quick look at the video and decided it was potentially “unusable” due to a “glitch,” according to news reports, so the hard disks were rushed to a Los Angeles forensics lab.
I doubt if any original surveillance video will be shown at Erik’s inquest hearing, because it would show exactly what happened, both inside and outside the Costco store. It would prove that Erik was not “acting erratically” and did not “make a furtive movement” that justified being shot to death.
To protect citizens from uniformed abuse, the U.S. Constitution provides a system of civilian oversight that ensures American military forces cannot operate as they please. When will Clark County officials impose a similar form of impartial civilian oversight that guarantees the Las Vegas Metropolitan Police Department is held equally accountable for its actions?
That time is now. Erik Scott’s slaying was a tipping point for Las Vegas. Citizens are concerned, demanding that Metro clean up its act. I only wish that had been done before my son was killed.
William B. Scott is a retired aerospace journalist, author and father of the late Erik B. Scott.
Discussion: 3 comments so far…
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Mr. Scott is correct in questioning the upcoming inquest. The deck is stacked and the truth may never be known because of the flawed inquest process.
I am amazed at the foolishness of the general public. The hardest thing for a parent to do is admit that their beloved child was at fault or in the wrong or a criminal, yes when you violate the law and threaten or intimidate citizens working at a Costco then fail to obey a police officer and maybe or maybe not draw a deadly weapon in a threatening manner, you are a criminal and "here's your sign".
I am also ammazed at the politial prowness of the Scott family, to be published in the Sun must have taken some serious string pulling and favor calling. Good for you though.
Sorry your kid was killed but the mear fact that he was carrying 2 concealed weapons says something about his mindset, was he paranoid?
I fully support your efforts to learn and expose the true facts of the event, but wonder if there are other driving forces behind the hype. The inquest is just one process, there are others, I am sure you have already counted the money from your civil victory that you expect. Although, not if I sit on your civil jury. I reflect on the police unions comments that if the inquest becomes a trial why would the officers not simple invoke their right not to testify? Not being a lawer or an educated man, can we force them to answer hostile, accusatory questions in a court? Are we congress?
On a side note I do believe that the local PD is full of corrupt officials at all levels of the agency and for sure there is level of self interest in a positive outcome, and they obvioulys protect their own, I read with great interest on Mr. Scotts blog of the Sheriff having a domestic distrubance and conducting a cover up? Isn't that a federal crime?
Welcome to Vegas, I know, I've been here 36 years.
Nothing changed in that time about police shootings.
@ChiefWahakie: Erik Scott carried tens of thousands of dollars worth of medical equipment into some safe and some less than safe areas where hospitals are located. Think it's unwise to carry a firearm? Tell that to those folks that at Johns Hopkins University hospital, a supposedly "safe" location, last week when a physician was shot and the medical campus was locked down.
The bottom line is that virtually every other jurisdiction in the country handles officer involved shootings better than Las Vegas. In New York City, a Civilian Review Board has the power to subpoena officers. The Board also has 142 civilian investigators that look into shootings.
The Las Vegas police union's argument that officers might not willingly testify at a coroner's inquest is a red herring. The only reason officers testify now is because they know that the current process will result in either a justifiable or excusable finding. I personally have no problem if officers are compelled to testify and invoke their 5th Amendment rights. That means that officers would be treated like every other US Citizen.
The videotape is the only objective piece of evidence that exists. We've seen too many past instances where Metro officers have been less than forthcoming during inquests and a few times where Metro officers have contradicted each other with no repercussions.
I feel badly for the Scott family as they begin to endure what is essentially a kangaroo court proceeding.
Just because this happened in Vegas, it doesn't mean that it is just a Vegas event. The Association of Graduates at West Point sends out an electronic magazine every month. I have posted the link. This could have gone to 4 members of Congress, Nebraska's governor, ambassadors, Deputy cabinet secretaries, the Chief Justice, US Court of Appeals, Veterans Division, the CEO of Bell Helicopter, 7-11 Corp, and Arby's/Wendy's corp as well as thousands of grads world wide. You may want to check out the story in the grads section. This may be a case of "What happens in Vegas DOESN'T stay in Vegas.
http://www.westpointaog.org/netcommunity...
The problem that Las Vegas has with officers shooting citizens without just cause is as plain as day. One only has to live in an area that does not have this problem and move to Las Vegas in order to notice. Something that I personally have just done myself having just moved here.
The sham of a process to put the murderers in uniform back on the street is surely the cause of this problem. The citizens of Las Vegas need to make their voices be heard, and I applaud the family of this victim speaking up against the gangsters and murderers with uniforms on thinking themselves to be above the law.
I think he is missing the point of the coroner's inquest. It is not to a criminal trial, it is simply to determine cause of death, i.e. Suicide, Homicide, Accident, Natural or Undetermined. If there is any chance of criminal wrong doing, it is up to the District Attorney to file charges and this is completely independent of the coroner's inquest process. And by the way, several Metro officers have been prosecuted for causing death of an individual. Look at the non-pursuit pursuit where the drunk driver was killed. There is no inquest and the criminal case is going forward. This is one of many cases, but the media will lead you away from these facts.
My condolences to the family.
It is clear to me that the inquest system needs some serious changes to be meaningful and trustworthy. I understand that it is not a trial or meant to be, but it fails in its purpose as a fact finding exercise.
Even if the results were not so predictable, those results are not really used for anything. Any ruling of "criminal" would not be the basis for further prosecution. Instead, that decision is made independently by the DA basis upon an internal investigation, as I understand it. Plus, The inquest finding is not binding, the DA can choose to prosecute anyway if other evidence is turned up despite a ruling of "justified."
Those factors make the inquest process seem like an almost complete waste of time and money to me.
hogpens2, TO decide the cause of death??? DEATH BY MURDER, everyone knows that! I want to see these thugs go to prison, PERIOD! I know it won't happen, so even more people like me, who have backed the police in the past, will no longer back MURDER!!! Hell, man, I don't know if I'm next! "The woman raised her hand that contained a cell phone, and we thought it was a gun." "She deserved to die, she had to have known that we idiots would think it was a gun." "She's dead now, as she deserved, and the inquest will prove us thugs right." Get the picture now?? We are next, with these thugs!
To chief washkie, go back to the back country where you came from. Did one of your daughters, fu@@k up? Is that why you are pissed off at everyone who won't accept MURDER?? To Quote you "Sorry your kid was killed for the mear ( whatever that word means.) Go back to your hick country, until you can write English. Talk to Sharron Angles, she can introduce you to Charles Manson. God Bless!
The 10 Costco employees lied, the 30 witnesses lied, the paramedics lied, the police lied, the D.A. Lied. The girfriend told the truth, but couldn't be bothered to tell her story under oath and defend her boyfriend at the one moment he needed her the most. This is the Scott family's story, and it doesn't make any sense.
I believe that a much more truthful picture of Erik Scott's last day on earth and the way it ended will come out when this case starts going through the civil court process. Just as with OJ's murder trial, which was an acquital, the grand jury found the shooting justified, yet the civil court found OJ liable. I think Erik will be vindicated by the process of deposition; if it ever goes to civil trial, I think it will be extremely expensive for not only Metro, but especially Costco. The blood of Erik Scott is on the hands of the liars at Costco that misled Metro into thinking they had a madman running amok at the store. What in fact they had going on was a pissing contest between Erik Scott and some pissy employees. To get a vigorous Metro respose to a very minor dispute, they lied and Scott had the misfortune of meeting up with a Fearless Fosdick cop that,with his shoot-um-in the -back back-up, took only four seconds to start pumping 45's and 40's into the stunned and nonaggressive Scott; wasn't four or five 40's pumped into his twitching back, after being slammed with two 45's in the chest? And his his unfired gun was found on the ground in its holster, afterwards.. Costco, a place with such good cameras, cannot prove that Scott was acting crazily, as claimed, so I would be shocked if eventually they don't cough up millions for facilitating Scott's cold=blooded execution.