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Costco shopper Annette Eatherton testifies during a coroner’s inquest for Erik Scott at the Regional Justice Center Friday, September 24, 2010.
By Kyle B. Hansen (contact) 
, Cara McCoy
Friday, Sept. 24, 2010 | 8:51 p.m.
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- Unidentified caller from within Costco talking to dispatchers
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- Shai Lierley on the phone with dispatchers
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- Metro Police radio traffic during the July 10 officer-involved shooting that left Erik Scott dead
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Related Stories
- Officer in Costco shooting says man raised gun, didn't know it was in holster (9-23-2010)
- Day 2 blog: Officer in Costco shooting: ‘He was a deadly threat with that weapon’ (9-23-2010)
- Inquest testimony focuses on Erik Scott’s use of prescription drugs (9-22-10)
- Day 1 blog: Witness says Erik Scott appeared 'dazed,' aimed gun at officer (9-22-10)
The emotionless voice of Samantha Sterner told jurors on Friday that her boyfriend, 38-year-old Erik Scott, carried a gun with him everywhere he went and that the officer who shot him to death July 10 was “out of line.”
Prosecutors presenting the facts in the coroner’s inquest into the Scott’s death said they had attempted numerous ways to contact the woman to ask her to testify in court, including leaving a subpoena with her brother, but she didn’t respond to investigators from the district attorney’s office.
What jurors heard was a recording of an audiotaped statement given by Sterner in the hours after the shooting in which Sterner says she kept screaming at the officer: “Do not shoot. He’s a concealed weapons holder. He’s a military officer. Do not shoot.’”
“I said it a million times,” she says.
She tells the officer that in the minutes leading up to the shooting, Scott had recounted to her that an employee had told him he couldn’t have his weapon in the store. She says he didn’t seem irritated or agitated by the encounter and tells the officer that after their conversation about his gun, she had asked Scott to go to the front of the store and get another shopping cart because theirs was full.
Several witnesses, including a number of Costco employees, have testified during the proceedings that Scott had destroyed boxes that contained water bottles and was trying to force them to fit into a cooler, which was when the gun was spotted in the waistband of his pants.
The alleged use of prescription narcotics has also been a focus of testimony, with a number of people testifying that Scott appeared to be under the influence and had high levels of xanax and morphine in his system when he died.
As Scott was heading to the front of the store, Sterner learned the store was being evacuated. She told Scott after he returned that they needed to leave and that the store was probably being evacuated because of him.
She said he was surprised to learn that he was the reason people were being asked to exit the store.
“He carries a gun everywhere he goes. This has never happened before,” she said, referencing the evacuation.
Their plan, Sterner said, was for Scott to take his guns out to her car then come back to the store and sort out what happened.
Scott never made it that far.
Moments later, he was shot to death outside the doors of the shoppers warehouse.
Sterner says on the tape that the officer who fired first at Scott “was too aggressive” and would have shot Scott even if he had complied with all directions.
“I just think that this officer was out of line,” she tells the officer. What happened was a misunderstanding.
“He was trying to put his weapon on the ground,” she says.
Officer William Mosher, the first of three officers who fired shots at Scott and the first to pull his trigger, was again on the witness stand Friday to answer questions from interested parties.
One of the written questions directed at Mosher asked if he felt any remorse for shooting and killing Scott.
He responded: “Remorse? Absolutely.”
But he said that given the circumstances — that Scott had raised a weapon at him — he had no choice but to respond with deadly force.
Mosher, who is a Marine, said Scott, a West Point graduate, should have known how to safely surrender a weapon to an officer, but he didn’t act in an appropriate way.
Metro Police Officer William Mosher testifies for a second day during a coroner's inquest for Erik Scott at the Regional Justice Center Friday, September 24, 2010.
Under questioning, Mosher described himself as a believer in the 2nd Amendment and a member of the National Rifle Association.
“I think CCW is a great thing,” he said.
Testimony on Thursday by Mosher and Costco employees indicated that Scott hadn’t committed any crimes inside the store — Scott might have received a ticket for trespassing or destruction of property.
But he said it is illegal in Nevada to carry a weapon when under the influence of drugs or alcohol, so police had an obligation to investigate and take Scott into custody, even if it was only temporarily. There was a good chance, Mosher said, that Scott wouldn’t have been arrested for anything.
In the background of a call to 911 played for the jury, Mosher can be heard yelling, “Put your hands where I can see them now. Drop it! Get on the ground! Get on the ground!”
The shooting wouldn’t have happened, he said, if Scott had complied with the commands issued by police to get on the ground.
Mosher was found to be justified in a shooting in 2006. In that instance, he testified Friday, he fired nine times. He said he fired twice at Erik Scott.
Mosher said he didn’t expect Scott to walk out of the store and that the officers were waiting for their sergeant and more officers to arrive before coming up with a plan to enter the store and make contact with Scott.
Medical personnel found a second firearm on Scott’s body in the ambulance while he was being taken to University Medical Center, Mosher said he later learned. Although he handcuffed Scott after shooting him, Mosher said, he believed he was dead so he didn’t search him. He didn’t believe he was going to be taken to the hospital, he said.
In addition to Mosher’s testimony and the tape of Sterner’s statement, a number of shoppers and Costco employees testified on Friday.
Costco assistant manager Vince Lopez said Scott’s actions with the cooler and the water bottles were “strange behavior from an adult.”
He said that Scott became confrontational when he told him about the store’s weapons policy.
“We are a private membership club, and we don’t have to provide for a public accommodation of a concealed weapon,” he said. Although the policy isn’t posted in the store, he said, people are generally amenable and take their guns back to their car.
Scott, however, didn’t like what he heard from Lopez.
“He told me, ‘That’s a (expletive) up policy,’” Lopez said. “He told me he’s a Green Beret and can take a gun wherever he wants.”
At that point, Lopez said, Scott held his hand up in the shape of a gun and pointed it at Lopez’s head. He said if someone came into the store with a gun and threatened him with a gun, he would “take care of it.”
Knowing that another employee, Shai Lierley, was on the phone with 911, Lopez backed off.
Lopez also testified about the store’s security system. At the time of the shooting, no surveillance video was being recorded.
Costco assistant manager Vince Lopez testifies during a coroner's inquest for Erik Scott at the Regional Justice Center Friday, September 24, 2010. Lopez said Scott made what he perceived as a threatening gesture.
“We have had problems off and on with our system,” he said.
In fact, it has malfunctioned recently.
“It hasn’t worked the past few days. We just got it back up and running yesterday,” he said.
He said he knew of some Costco stores that had no video surveillance at all.
“The security cameras aren’t something that we rely on to do our day-to-day business,” he said.
Linda Bem, the Costco employee who helped Scott sign up for a Costco membership earlier that day, said Scott had a hard time understanding her instructions and filling out the proper forms. Sterner ended up filling out the forms for him, she said.
Scott seemed agitated but wasn’t violent, Bem said. She noticed Scott’s knuckles were bleeding.
Bem reported the odd incident to her supervisor.
Linda Bem, the Costco employee who helped Scott sign up for a Costco membership, testifies during a coroner's inquest for Erik Scott at the Regional Justice Center Friday, September 24, 2010. Bem said Scott had a hard time understanding her instructions and filling out the forms.
“I sensed something was terribly wrong,” she said. “He was confused; his thought processes were very, very slow...Quite frankly, I was worried about him.”
Bem later evacuated the store and heard shots but didn’t see the shooting, she said.
Jerome Dwight Arcano, a Costco floor supervisor, testified that he saw Scott in an aisle at the store throwing items on the ground and trying to tear a box.
“He was acting unusual,” and he seemed paranoid, pacing the aisle like he was worried about someone watching him, Arcano said.
He also said Scott had a red mark on his neck, as if he had been slapped, and he thought Scott might be on drugs.
Arcano reported what he saw to management and left the area, he said.
Costco manager Javier Torres said he went to approach Scott as he was trying to shove the bottles into the cooler, but before he could approach, Scott turned and asked him if Costco sold the holders for them. Torres told him no; Scott seemed a little irritated, Torres said.
“He seemed like he was on drugs to me,” he said. “I’m not sure what kind of drugs.”
Taped statements from two foreign exchange students who had already returned overseas were also played for jurors.
Javier Torres, a Costco manager, testifies during a coroner's inquest for Erik Scott at the Regional Justice Center Friday, September 24, 2010. Torres also testified that he thought Scott may have been on drugs and was not acting normal.
Lisa Holzgruber said she was outside the store when she saw a police officer and a man near the store’s entrance. The man lifted his shirt and she saw a gun in his waistband, Holzgruber said.
The man was “going for the gun with his hand,” she said.
She then heard gunshots and started to run.
Holzgruber said she couldn’t tell what the man was doing; he may have been drawing his gun or maybe he was going to give the gun to the officer, she said.
She said she thinks she heard the officer tell the man to drop the gun, but she wasn’t sure.
Caroline Lagerholm, who was with Holzgruber outside the store, recounted a similar scenario in her taped statement. She said she heard the police officer tell the man to put the gun down, but she saw the man reaching for the gun.
Wentworth and Annette Eatherton were shopping at Costco and saw Scott inside the store and then again outside when he was shot. Both of them testified Friday.
Wentworth Eatherton recalled words he heard Scott say while in the aisle at Costco.
“As we went by, Annette and I heard him say, ‘Well, I can do this in Texas.’” He and his wife talked about what that could mean as they walked down the sporting goods aisle and headed for the lettuce.
Costco shopper Wentworth Eatherton testifies during a coroner's inquest for Erik Scott at the Regional Justice Center Friday, September 24, 2010.
He said he told his wife that the only thing he could think of was that it was a reference to a gun.
“He was acting like he was irritated about the conversation (with the Costco employee),” he said.
Wentworth Eatherton said that inside the store, he didn’t see if Scott had a gun on him. He said that outside the store, they heard an officer tell Scott, “Don’t touch it,” and “Get on the ground.”
He saw Scott move his hand on his right side, then the officer shot him.
After Scott was shot, Wentworth Eatherton said, he saw a gun in a “gun rug” fall from Scott’s right side and slide about four feet in front of him.
He said he later noticed the gun was gone. He said the gun in a holster shown to him in a photo by Chief Deputy District Attorney Christopher Laurent wasn’t the gun he saw.
Christopher Villareale was shopping at Costco the day of the shooting and also is a concealed weapon permit holder.
Villareale said he was one of the last people to leave the store and wasn’t far from Scott when he was shot.
He testified that an officer yelled at Scott to get on the ground, “and Mr. Scott is just standing there not doing anything.”
He said Scott should have complied with the officer’s demands. He also said he knew the officer thought someone could be harmed and “thought he did the right thing shooting him.”
“I just can’t imagine grabbing a gun when you have police officers pointing a gun at you. Why would you not just get on the ground?” he said. “I think he made a very tragic error in grabbing for it.”
Barbara Fee, who was shopping with her 10-year-old granddaughter, also watched the shooting unfold. After shots were fired, she said, “all hell broke lose.” She said that when she saw the object in Scott’s hand, she thought someone was going to be shot.
“Oh my god, fortunately, the officer was quicker,” she said.
Two cashiers, Arlene Houghton and John Nikitas, testified they saw Scott and his girlfriend while they were entering the store.
Houghton said they walked behind her register, coming from the membership desk, when Scott tripped and fell on the belt by the register, even though there was nothing to trip over.
His girlfriend grabbed Scott and propped him up on the shopping cart for support, Houghton said.
Arlene Houghton, a Costco cashier, testifies during a coroner's inquest for Erik Scott at the Regional Justice Center Friday, September 24, 2010.
Scott looked up at Houghton and said, “I guess I really am (messed) up,” Houghton said, adding that his eyes were glossy.
At a news conference after Friday’s proceedings, Scott family attorney Ross Goodman said the family is withholding witnesses from the inquest because they do not think it is a fair hearing.
“When there’s a fair process and I’m allowed to examine these witnesses and the court is allowed to entertain objections and there’s a fair process, then these witnesses will come forward and testify. But they’re not going to testify in a kangaroo court,” Goodman said.
The issue came up directly in the inquest Friday morning when William Falkner, an investigator in the district attorney’s office, testified that he was unable to serve a subpoena on Samantha Sterner, Scott’s girlfriend.
Falkner said the number he had for Sterner was disconnected. He went to her home and left a subpoena with a man who said he was her brother and he left message on a number publicly advertised for people to reach the Scott family.
Falkner then happened to run into Goodman at the courthouse, he said. He asked Goodman if Sterner would testify, but Goodman said he didn’t know.
He also asked Goodman for a list of other witnesses the family wished to call, but Goodman never provided any names.
At the beginning of the inquest, the judge instructed the courtroom audience, including Goodman and Scott’s parents, to contact the coroner’s office if they knew of any other witnesses who wanted to testify, but none were submitted.
Goodman met with reporters outside the courthouse after the day’s proceedings to discuss what had happened.
He said the inquest is a “farce” and the real court proceedings won’t begin until he files a civil rights lawsuit in federal court against Metro and Costco, a move he expects to happen in the next few weeks.
“This is a one-sided process, and when we file our case, I’ll have an opportunity to take their depositions, review their statements and try and reconcile the conflicting witness testimony,” he said.
“The 20-plus witnesses we have who testify that Erik didn’t pull a gun will be made available at that time,” he said.
The district attorney’s office is purposely not calling witnesses who could support the Scott family’s claims, Goodman said.
“To show you how unfair this process is, the DA’s office has knowledge of some of those witnesses who claim that Erik didn’t pull a gun,” he said. “They gave their statements to Metro the day of the shooting, and you haven’t heard from those witnesses because it would exonerate Erik.”
Ross Goodman, attorney for the Scott family, speaks to the court during a coroner's inquest for Erik Scott at the Regional Justice Center Friday, September 24, 2010.
Goodman dismissed the entire inquest, saying: “I think that today’s testimony showed that this is the best the state has. They have no more witnesses.”
But when a reporter pointed out that there were still two more days of testimony, Goodman conceded that he didn’t know who else the district attorney’s office would call to testify.
Goodman also dismissed the testimony of Villareale, who said he was only feet away from Scott when he was shot.
“His opinion obviously would not be admissible in a real court. It has no relevance to anything,” Goodman said. “It’s frustrating because I would have loved the ability to get up and cross examine him, and then we would have had something to talk about. But when they prevent you from doing that, that reinforces this one-sided process, and it’s all the information filtered through the prosecutors.”
As for Scott’s girlfriend, Goodman admitted he has talked to Sterner and she is in Las Vegas.
“Again, this is a one-sided process, and there’s no reason for her to testify in this proceeding. The real proceeding is going to be in federal court when we file a civil rights action against Metro and against Costco,” he said.
The inquest is scheduled to resume Saturday morning and will likely spill into next week.
As much as it sucks, we will not see a real trial until Civil court. At this point this whole case has been given the rubber stamp of "Justified"
Comment removed by moderator. Personal attack.
It's the police use of force training that is the cause of this homicide of Eric Scott. The police have been primed to kill, and then evaluate a situation, our police have said so. The argument that the police do not intend to kill someone when they get out of bed in the morning has absolutely no meaning, when one understands the training these police officers get. Police Officer William Mosher apparently, unable to think while under stress, gave commands to drop the gun, and then gunned down Eric Scott when Scott was compiling with those commands. After the fact, Police Officer William Mosher that he didn't even remember that he gave those commands. Yes folks, we do have a homicide. But the people responsible for these homicides are those people who drafted and approved the current police use of force policies, the people who provided the training, and those in political and judicial powers who allowed these polices to stand. It is time for the Citizens to call for a change in these "Police use of force", tactics.
@flagellum: Agreed. The Costco employees' testimony is all over the map and they're contradicting each other.
One employee claimed that Scott was acting erratically because he was mumbling to himself, while another employee claims that Scott was never mumbling but was erratic because he looked like he was on drugs from the "red marks" on his chest. Yet another Costco employee testifies that he never thought Scott was shoplifting, forcing the DA to remind the employee that he had earlier claimed otherwise. It seems every Costco employee is trying to paint Scott as acting erratically, but they can't seem to agree on what Scott did that actually was erratic.
And we have the Costco membership woman who claims Scott had bloodshot eyes. Well, we know that Scott had a headshot picture taken while he was at the membership desk for his membership card, yet for some reason we haven't seen the picture.
I believe the girlfriend's account. Scott never was really a threat and this whole thing could have been avoided.
Scott obviously thought he'd just go outside and clear things up by talking with the officers and showing them his weapon and CCW permit. He had no clue that the officers were expecting a crazy guy with a guy based on the call from Costco.
I knew this would be a whitewash from the day it happened..Of course the police will be found justified in killing Scott..However, when the civil trial takes place, there will be a true accounting of what happened that day and I predict one of the largest out of court settlements this city has ever paid to anyone will be given to the Scott family..
Chunky says:
Sadly, regardless of the outcome the family will waste our taxpayers dollars suing Metro since they are in denial that Mr. Scott created his problems and his own death.
That's what Chunky thinks!
re: [By lemahj (Jon Hamel)
Sept. 24, 2010
9:30 p.m.]
Everything you say about this shooting is so completely baseless that it discredits your advocacy of changes in the inquest process.
Your conclusions aren't even remotely logical.
[By SummerlinCC
Sept. 24, 2010
9:45 p.m.]
"Scott obviously thought he'd just go outside and clear things up by talking with the officers and showing them his weapon and CCW permit."
LOL. "Hey, Mr. Policeman, look at this gun I'm aiming at you!"
SummerlinCC, you should be on the Comedy Club.
Erik Scott had enough morphine in his blood to kill four normal men!
The other Costco shoppers are just lucky that the police were there to eliminate the threat before he started a random shooting spree for kicks.
I nominate Ross Goodman for slimebag attorney of the year.
It's not everyday one walks out of an establishment directly into the muzzle end of a barking slum-dog resembling Curly Howard.
Attempting to present a holstered firearm was erroneously perceived as a threat by ready-fire lethal force -- one error escalading into others which lead to a courtroom full of them - along with a corpse riddled in lead.
Hindsight isn't always 20-20 -- is it?
Along with sunshine there's rain and a pot of gold at the end of the rainbow.
: {
@Chunky...I'm sure they will hire their own lawyer and since when is justice measured in dollars? As long as the truth comes out and justice is served who cares what it costs! It's not like it's coming out of your pocket anyway and if it was, that and two cents might buy a cup of coffee.
No, removing a handgun in front of officers wasn't a bright move, but then Mosher ordering Scott to "drop it" while Scott's handgun was still in his waistband wasn't very bright either, was it?
Hey, but there's going to be a federal civil rights trial with real judges and the ability for lawyers to actually question witnessed, so it will all get sorted out.
Again, it really doesn't matter what the truth is at this point. It doesn't matter if the inquest arrives the at correct answer.
The inquest system, along with Metro, and the DA for that matter, has lost not only the respect, but the trust of the public.
And when you think about it, if Metro has lost our respect and trust, maybe they should be a little afraid. We certainly have reason to fear them.
I agree Goodman is only trying to bash the system and convince the family they should continue to push the issue for a payout. Sounds like he is the typical attorney trying to pad his own pockets.Chunky is right, he will waste taxpayer dollars knowing full well the police were justified because Erik Scott reached for his weapon. Regardless of his intent, whether he was going to put it down or what, reaching for it is asking to get shot. I thought the testimony of mr. Villarealle was VERY CREDIBLE and right on the money. He had a good vantage point and everything he said rang so true. I guess that is why Mr. Goodman is already trying to discredit his testimony. Perhaps if Goodman would have provided the witnesses he says are saying something different and having the girlfriend testify, he would have a chance of casting doubt on whether it was justified or not. The fact that he is just thumbing his nose at the process and not providing these supposed witnesses, is a poor decision. Also, Erik Scotts family, I do feel sorry for, but they need to come to terms with the fact that their son had serious issues and made some poor choices on that day that unfortunately lead to his death. They are part of our society that wants to blame everyone else for things that happen and place none of the accountability on their son. They will find a way to justify his drug use and make excuses for his drug use, that he had a bad back, which may be true, but if he was that bad off, he would not be able to work out like he did.He was clearly an addict. They will find a way to justify every move he made and place the blame on someone else other than Erik. I feel sad for them. Coming to the realization that your child is not perfect would be difficult.
Bad Cop -- No Donut....
Ok...first no one cares what Chunky Thinks........(change how you communicate and someone "might" care).
Second...If I hear how much drugs Scott had in his system...it doesn't matter. Since he was taking these drugs for a length a time and had physical reasons for doing so, his system managed them differently then the rest of us. So it would only make sense that he had more in his system than the rest of the population could handle.
3: Is anyone else not shocked that the DA did not have a witness that would contradict what the police/Da story would say??
The whole process is a sham/dog ponny show...
And I gotta love "witnesses" they have produced...other than a couple of Costco employees is anyone under the age of 45??
Gotta say I am so glad that I no longer live (for the most part) in this God Forsaken State...aka known as the GATEWAY TO HELL...........why b/c apparently the people with the lowest IQ have moved here.
What kind of moron mimes pointing a gun at a strangers head?
Even if you think the cops were out of line, you have got to acknowledge Erik was acting like a class A @sshole. Yeah, yeah, I know that doesn't mean he should die for it. But at the very least you have to come to terms that his behavior that day was way out of line.
Chunky is very highly regarded on this site.
Native. The family had 20-30 claimed witnesses. They refused to have them testify. You can't have it both ways. You complain about the witnesses produced yet when given the opportunity, the family refused to produce any witnesses. Glad you moved out.
@TomD1228: Ross Goodman stated that he wasn't going to have any witness testify in a venue that didn't allow both he and the prosecutor the ability to cross-examine all witness. I'm sure you'll get to see the witnesses at the federal civil rights trial, where lawyers will actually be able to ask the witnesses questions.
@sassy, Did they teach Chris Villarealle how to properly disarm a suspect in Real Estate Development 101?
Villarealle stated that he thought the officers were justified in shooting Scott. But according to testimony, the officers approached Scott from behind to surprise him, Officer Mosher tapped Scott on the shoulder, Scott turned, Mosher gave an order of "Drop It" while the weapon was still in his waistband followed by "Get on the Ground" twice and seven rounds were fired.
Strange, but in the military you learn never to surprise an armed suspect and to give commands in such a way so as to ensure that the suspect never puts his hands near a weapon.
If you don't know the steps an officer is supposed to take in his job, you really can't offer an opinion as to whether an officer performed his job appropriately.
Villareale thinks the officers were justified in firing because he saw Scott reach for a weapon. But he obviously knows nothing about disarming a suspect and really isn't qualified to offer a conclusory opinion.
It would be like having a cop provide an assessment as to whether he was a good real estate developer....
@Summerlin
They better get these people on record now. A civil suit could be far down the road. Any expert will tell you the longer you wait to interview and get people deposed the greater chance they will forget the events as they transpired. You already had 2 who left the country. Good luck getting them back here. I don't see how they have a snowballs chance in hell of winning.
I'm doubtful that their stories have been documented and transcribed by Mr. Goodman. He has his work cut out for him. My feeling is that the family will rethink any lawsuit.
The photo of the holstered gun says it all.
Well thanks a bunch Mr. Ross Goodman. The evidence is what it is and if you have 30 people that are willing and able to sit on that stand and say Metro screwed up, I really would have liked to have been able to hear that testimony.
The jurors are Las Vegas citizens, not cops, not lawyers. I would like to think that if 30 people testified against the officer, the jury would have come back with an impartial verdict very possibly against the police.
As it stands, everything I have heard in this inquest says Scott was not in his right mind and a terrible tragedy happened as a result of his poor judgment. You can't throw complete culpability at the DA's office if you have so much overwhelming evidence, as you say, and do not produce it.
All people watching this process desire is the truth and I cannot believe that you intentionally suppressing 30 witnesses testimony, because everyone in the system is in collusion and dirty but the guy on drugs with a gun, is at all helpful. Let the evidence be heard, then call it a sham if you do not agree with the outcome.
And I might add the family and Goodman have been pontificating about getting the facts out, clearing the air, making sure the public knows what happened. This was their chance. What's the point of all these demands to get the facts out if you withhold the very people who can provide those facts. You might not like the venue, but you don't have any other choice. If your mentality is "wait until the civil trial", then why all the grandstanding about getting your story out for the public to see?
Sometimes you just have to work within the system, like it or not. As it stands right now, these witnesses become less credible.
If Erick Scott had pulled out an 'eskimo pie', he still would have been shot to death.
Bad RoboCop, period.
Prescription drug addiction is yet to be recognized as an epidemic ... very very sad ... however the guy did not deserve to be executed for God's sake ... as a professional in the surveillance field...i cannot accept the theory of surveillance not readily available and VITAL to their store operation and asset protection ....not only from would be thieves lurking in the store but sticky fingered cashiers ? you mean to tell me that it's their word against the person they are accusing ? the manager stated some stores don't use any video surveillance what so ever ... is this day and age ?? talk about liability !!!! Costco's going to pay dearly !!!
By the way, nobody's ever found out to this moment where the Costco video devices are, have they?
Two days of video conveniently missing....now the machines themselves are no where to be found.
It's magic!
i just cannot say enough about lack of surveillance and sincerely hope the family has a chance to submit questions regarding this topic ...i mean some idiot in loss prevention has NOTHING to back up any of his allegations in the event of anything !! not even a damn customer slip & fall....lots of unanswered questions could have been resolved had they're been coverage ... where is costco's damn integrity......
While I feel bad for the Scott family, their son is the only one at fault here. But I give the Scott family and their attorney credit for trying the case in the media. They did a good job painting their son as an American hero cut down in cold blood by Metro. But now we are starting to see exactly who Scott was. Scott's family is either in denial or their son completely duped them over the years.
Scott was suspected of abusing pain medications by his pain management doctor.
Scott was by all accounts impaired the day he was killed.
Scott also tested positive for anabolic steroids.
Scott ignored orders by police to get down on the ground. Anyone with even the slightest amount of weapons training knows to tell officers you are armed in this type of situation, make NO movements unless ordered to do so and NEVER make an attempt to go for your firearm. Let the officer disarm you. Scott went so far as to draw his weapon. Whether it still was in a holster or not is irrelevant. HE JUST TOLD THE COP HE HAD A GUN AND PRODUCED A HANDGUN!
Scott told the Costco employee he served as a Green Beret...NOT TRUE.
Scott's girlfriend said he had just returned from Iraq...NOT TRUE.
Something I find interesting, that has yet to be addressed, is he graduated from West Point in 1994, but he only served 2 years in the Army afterwards and was honorably discharged in 1996. But the Army requires a 5 year obligation of full time active duty in return. So why did he get discharged 3 years early? The military will often "honorably" discharge officers whose conduct is questionable or for violations of military law.
For reasons unknown, Scott felt the need to lie about his military record. It appears he was painting a picture of himself as some sort of special forces veteran returning from combat in Iraq. He had not been in the military for 14 years and was never a special forces operator!
And why the need for 2 handguns? I have a CCW permit and have had my permit for 13 years. I have never felt the need to carry two handguns. Some street cops don't even carry a backup. The odds of ever having to use your handgun as a civilian are extremely rare. And to need a backup handgun on top of that? I suspect some paranoia here.
Some on this site can't see past their hatred for Metro. Their conduct has been questionable at times. Some of their shootings have been questionable. But this one is not.
If there were any justice at all in the United States. They would throw Mosher in Prison and throw away the key. But the States is not a "just" nation. The corrupt courts are obviously going to let these crooked cops go free so they can continue to murder innocent people who are trying to do the right thing like Scott. Even if it were accidental, it's still murder because they were the ones that shot him without any real justification at all. Even with the wife screaming "don't shoot, he's a concealed weapon holder". I'm sure these cops aren't deaf. Likely they took those jobs because of the fact that they get to shoot actual people. They get a "high" off of it. They are "sick". A lot of these cops were bullies when they were kids. And as adults, nothing has changed.
I feel for the family in this situation but you can't blame your son's prescription pill addiction/abuse on anyone but your son. Had he been under normal amounts of pain medicine, he probably wouldn't have made that fatal decision that day. As a CCW permit carrier I know that I would never surrender my weapon to the police unless told to do so. I would ensure that I never point the weapon at the officer.
For all those negative people out there you need to wake up. This is not a Metro cover-up. Look at the amount of witnesses who are testifying in this case. The Metro, the Secret Service AND an independent civilian company looked at the computer system in order to try and retrieve the video. The DA was asking for Mr Goodmans "independent' witnesses but he is failing to provide them. Put yourself in the Police Officers shoes, would you let someone point a gun at you and just wait.....?? The only info you have at the time is that this guy is high on an unknown substance and that he has above normal training in firearms...sorry but I would want to go home to my family, not gamble on the fact this guy may or may not shoot me....
"Strange, but in the military you learn never to surprise an armed suspect and to give commands in such a way so as to ensure that the suspect never puts his hands near a weapon.
If you don't know the steps an officer is supposed to take in his job, you really can't offer an opinion as to whether an officer performed his job appropriately.
Villareale thinks the officers were justified in firing because he saw Scott reach for a weapon. But he obviously knows nothing about disarming a suspect and really isn't qualified to offer a conclusory opinion.
It would be like having a cop provide an assessment as to whether he was a good real estate developer...."
By SummerlinCC , Sept. 25, 2010, 12:26 a.m.
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SummerlinCC, it seems to be a standard feature of your comments to claim greater knowledge than other commenters and also greater knowledge and better judgement than police officers facing someone who is pointing a gun at them.
Well, sit down in your armchair because I think it's time someone pointed out that you are just full of poopy. Your comments distort and rewrite the facts. You completely ignore a ton of evidence that flies in the face of your preconceived conclusion.
"I believe the girlfriend's account."
By SummerlinCC , Sept. 24, 2010, 9:45 p.m.
Wow! Thanks, SummerlinCC, for your conclusory opinion. You believe the single least credible witness in this whole incident and you're also helpful enough to point out that anyone who works at Costco is automatically a liar.
In the background of a call to 911 played for the jury, Mosher can be heard yelling, "Put your hands where I can see them now. Drop it! Get on the ground! Get on the ground!"
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SummerlinCC, are those commands so confusing to you that you would pull a gun from your waistband and point it at a police officer?
I mean, after all, you're the one claiming greater knowledge than anyone else here and better judgement than the police officers who had a gun pointed at them.
So, are those commands so confusing to you that you would pull a gun from your waistband and point it at a police officer?
Scott was on drugs and was a danger to society! A police officer needs to make a decision in a split second to shoot or not to shoot. Why is it okay for a man out of his mind on drugs to be carrying a gun in a grocery store? I don't get it with these comments would it take a innocent bystander to get shot by this druggie or a cop for this to be justifiable?
@full_deck: I did not say that anyone who works at Costco is automatically a liar. I've pointed out that there are inconsistencies among all of the Costco statements that have been offered so far and that the inquest doesn't allow us to address those inconsistencies.
For example, an Costco employee testifies that he heard Scott tell his girlfriend that he was drunk. Yet the coroner's report found no alcohol in Scott's system. Pardon me for questioning the Costco employee's veracity.
Another Costco employee gives a detailed account of how Officer Mosher approached Scott from behind, tapped him on the shoulder and how Scott brushed Mosher away. Yet Officer Mosher denies touching Scott.
You can't watch the actual testimony without seeing the inconsistencies. Sorry if that offends you.
Also, there is little chance that Scott had his gun in his hand when Mosher yelled "Drop It." Listen to the tape. If Scott already had the gun in his hand when Mosher yelled "Drop It", Mosher would never have had time to issue the other subsequent commands. Also, the "Drop It' command would have been the final command issued prior to the shooting--which it was definitely not. Mosher originally testified that he never said "Drop It"--until he was reminded that the "Drop It" command could be heard on the 911 tape.
@MedicUp: I've listened to the girlfriend's entire statement given hours after the incident. At no point did she refer to Erik Scott as either a Green Beret or an Iraq War veteran. Officer Mosher claimed that she yelled that during the shooting, but Officer Mosher also testified that he couldn't remember what he himself had said during the shooting.
Also, Scott's military service wasn't brought up because it was a non-issue. He left the Army (along with 100 of his West Point classmates) as part of a voluntary early release program in the Clinton years when the Army was drawing down. Scott only had to serve on active duty for two years, but would have been subject to recall out of the Individual Ready Reserve for another six years.
The woman with Erik was his girlfriend not his wife.
What do think she would have said in her interview after the shooting? Yes, Erick was high on drugs and pulled out his gun and pointed it at the officers?
@dickerjd: Actually, if you listen to the girlfriend's interview, she was the first person to tell police that Erik Scott had taken pain killers and was on another prescription drug for blood pressure.
Of course, she also told police that Scott had taken the painkillers after an auto accident that had occurred days before the shooting.
The DA didn't exactly give a whole lot of time to the fact that Scott had been hit by a another car just days before the Costco incident nor did they give any time to a written doctor's report stating the Scott might have needed very high level of painkillers to get the same effect as an average person taking a normal dose, due to an enzyme deficiency in his liver that prevented his body from breaking down hydrocodone.
Once again, the DA gets to choose what information gets presented and what witnesses get to testify at the cororner's inquest.
Everyone got all over me when I said that I thought Officer Yant was lying under oath at the Cole inquest. Well, the shooting was found justified because in the words of the panel forewoman, they found Yant's testimony "highly credible". We found out a couple of days AFTER the inquest that the DA failed to tell the inquest panel that Yant had a history of fabricating evidence and lying in official paperwork and was under investigation in other cases as well.
The inquest is a one-sided, non-adversarial process. The federal civil rights trial should give a more balanced view of what happened that day.
You shoulda Tased him Bro. Be more like Sheriff Joe. Yes, there is much training to be done as well as a mind set to adjust. No community is perfect but c'mon, shooting a high guy in Costco. Please, everyone involved with this tradegy, review how you could have done things differently. Pray for them all.
Ok, so if I have this correct, Mosher is telling him to drop something (the handgun), which has been verballyt recorded by 911. I am not the brightest person in the world, but, wouldn't that mean he would have to grab at it, or have it in his hands already to use the word "drop?" Example; you have an object, let's say a cell phone, holstered/secured on your belt, and your orders are to "drop it" and "get on the ground". One would have to assume that you would be forced to reach for your object, or cell phone in this case, to unsecure, or unfasten it with your hands, so that you would even be able to drop it. So for attempting to obey orders that are confusing to say the least, you get shot 5 times???
Also, have the 3 officers been drug tested? I may or may not know an employee with ***** that has been constantly suspended for excessive use of force, and cycles anabolic steroids. Still employed there. Think about it, if something happens at work to you, what's the first thing that happens. Bingo! Drug test! Work at Wal-Mart, and use Marijuana legally, and get hurt at work? Correct again! Drug test! Flip burgers and get burned....wow! Drug test!!! Shoot someone in the line of duty....wait a tick..no drug test? Oh, wait, no, there was. The man that got shot by the cops (who were not drug tested to my knowledge) don't get drug tested, but the dead man does. If that is such a big part of the trial, why on god's beautiful green earth are the cops not getting tested?
Am I missing something here...besides the security tapes?
To Lemahj,
What exactly do you know about the training of deadly force? I notice you dont mention what you know. You don't even know what a homocide is legally defined as. So you are saying that Metro recevied the call and decided to kill the suspect? The police have been primed to kill, LOL. You have no credibility what so ever.
The more I watch this inquest the more it seems like a friggen joke ... this man was shot & killed in front of dozens of witnesses yet the ones that are on the stand giving their (offered) testimonies are all based on 50 feet away or more and ALL speculation ... the husband & wife were ridiculous & the manager from costco neeeds to be demoted to something other than manager of that store...no credibility whatsoever...very little emotion from any of these people ... the world has gone hard ...i hope all the witnesses are relishing their fifteen minutes of fame ...
Funny, how the DA's office forgot to mention that Chris Villereale, the real estate developer eyewitness that concluded the shooting was justified also happens to be a major donor to the DA's political re-election campaign...
Yes, Chris Villereale purposely put himself into a dangerous situation so he could become a witness to the inquest proceeding.
The conspiracy stuff is disgusting. Delusional.
Back to Earth.
Did you hear the testimony today that eyewitness to the shooting didn't have their statements taken, but were told by a Metro officer to get in their cars and go home. None of the witnesses said that Metro asked for their names before they left. So much for securing the scene and getting witness statements.
Mr. Villereale was one of the LEAST credible witnesses so far. . .but gee, the DA's just LOVED him! Allowed him to get out of the witness chair, then he enthusiastically put on a realtor's "tutorial" on how a man who dropped the gun after the first shot was spun around by six additional shots. He smiled during his testimony and generally acted like a narcissistic personality who couldn't believe his good fortune at having a great opportunity to show off his expensive suit! Yuck----is anyone else repulsed by the excessive laughing and joking around during this proceeding? So inappropriate.
For sure peaceperson they are totally unprofessional ...the jokes the disregarding demeanor ...costco employees were a joke ... the husband and wife from yesterday were totally unreliable; especially the costco employee that misidentified scott at the register then saw the whole thing from 50+ feet away...and let's not forget the police cadet shopping his resume...the most credible witnesses are those that discredited the police... the rest were all in it for their fifteen minutes of fame ... karma is a mother ...
[[[ @full_deck: I did not say that anyone who works at Costco is automatically a liar. I've pointed out that there are inconsistencies among all of the Costco statements that have been offered so far and that the inquest doesn't allow us to address those inconsistencies.
For example, an Costco employee testifies that he heard Scott tell his girlfriend that he was drunk. Yet the coroner's report found no alcohol in Scott's system. Pardon me for questioning the Costco employee's veracity.
Another Costco employee gives a detailed account of how Officer Mosher approached Scott from behind, tapped him on the shoulder and how Scott brushed Mosher away. Yet Officer Mosher denies touching Scott.
You can't watch the actual testimony without seeing the inconsistencies. Sorry if that offends you.
By SummerlinCC , Sept. 25, 2010, 8:05 a.m. ]]]
Whether or not there was alcohol in Erik Scott's blood has nothing whatsoever to do with the testimony of what someone heard Erik Scott say. ERIK SCOTT HAD ENOUGH MORPHINE IN HIS BLOOD TO KILL FOUR NORMAL MEN. How entirely ridiculous your comments are.
Please show me where a "Costco employee gives a detailed account of how Officer Mosher approached Scott from behind, tapped him on the shoulder". Where did you see this? Where is it?
"Two cashiers, Arlene Houghton and John Nikitas, testified they saw Scott and his girlfriend while they were entering the store.
Houghton said they walked behind her register, coming from the membership desk, when Scott tripped and fell on the belt by the register, even though there was nothing to trip over.
His girlfriend grabbed Scott and propped him up on the shopping cart for support, Houghton said.
Arlene Houghton, a Costco cashier, testifies during a coroner's inquest for Erik Scott at the Regional Justice Center Friday, September 24, 2010.
Scott looked up at Houghton and said, "I guess I really am (messed) up," Houghton said, adding that his eyes were glossy."
http://www.lasvegassun.com/news/2010/sep...
"Costco assistant manager Vince Lopez said Scott's actions with the cooler and the water bottles were "strange behavior from an adult."
He said that Scott became confrontational when he told him about the store's weapons policy.
"We are a private membership club, and we don't have to provide for a public accommodation of a concealed weapon," he said. Although the policy isn't posted in the store, he said, people are generally amenable and take their guns back to their car.
Scott, however, didn't like what he heard from Lopez.
"He told me, 'That's a (expletive) up policy,'" Lopez said. "He told me he's a Green Beret and can take a gun wherever he wants."
At that point, Lopez said, Scott held his hand up in the shape of a gun and pointed it at Lopez's head."
http://www.lasvegassun.com/news/2010/sep...
and it was also noted in testimony that at no other time did mr manager mention the mock gun to the head motion ... this manager was totally ineffective & the one of the worst testimonies (the amount of water he drank on the stand was hysterical)... and again you mean to tell me its the patron's word against costco without surveillance video to back up claims even slip & falls ??? costco is going to pay dearly ... the loss prevention "kid" escalated the whole situation ... this whole thing is a damn shame ...
it was also noted in testimony that the costco cashier misidentified scott & his girlfriend (the i'm so drunk statement) ... this guy (who saw the whole thing from 50+ feet away) was more interested in giving a shout out to his co worker that dropped and spread eagle ... what a friggen joke ... i feel so bad for the family having to sit through this mockery of a process
Another dead bully way to go Mossier
You clowns can't see past West Point. The guy was an obvious drug addict, liar, bully and moron. When the cops tell you to get on the ground you do. End of story. Way to go Metro.