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July 22, 2014

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Scott family drops lawsuit against Metro Police over Costco killing

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Jackie Valley

Friends and supporters mark the one-year anniversary of Erik Scott’s death outside the Summerlin Costco, where he was fatally shot by Metro Police officers.

Erik Scott family drops lawsuit against Metro

KSNV coverage of the family of Erik Scott dropping their case against Metro Police. Scott was shot and killed by officers in July 2010 at a Summerlin Costco, March 13, 2012.

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Bill Scott, father of Erik Scott, leaves the courtroom after a verdict in a coroner's inquest for Erik Scott at the Regional Justice Center Tuesday, September 28, 2010. The jury found that the shooting of Erik Scott was justified. Scott was shot and killed by Metro Police Officers at the Summerlin Costco store on July 10.

After nearly two years of legal proceedings, the family of Erik Scott — a 38-year-old who was shot and killed at a Costco store by police on July 10, 2010 — has dropped its lawsuit against Metro Police.

The family agreed to drop the suit as long as Metro agreed not to pursue reimbursement for legal fees, police said.

“It just made no sense to continue with this lawsuit,” said Bill Scott, father of Erik Scott. “We’re extremely disappointed.”

Officers fired at Scott after he failed to surrender at a Costco at 801 South Pavilion Center Drive in Summerlin, police said.

A coroner’s inquest conducted in September 2010 found that officers William Mosher, Joshua Stark and Thomas Mendiola were justified in the shooting.

But witness accounts of the incident were mismatched. Shoppers that day described Scott as acting erratically, damaging merchandise and wearing a pistol on his waistband. Other witnesses provided conflicting statements saying Scott did not appear to be a threat.

“I firmly believe Erik was murdered,” Bill Scott said. “The law has very little to do with justice.”

In January 2011 the family dropped a case against Costco saying their case against Metro Police was stronger.

The Scott family has until July to consider bringing up a lawsuit against the grocery company in accordance with a two-year state court statute of limitations.

“As sheriff my hope is that the Scott case has shown the community that it is best to reserve judgment until a thorough investigation can be done,” said Sheriff Doug Gillespie in a news release. “Although the Scott family dropped their lawsuit, at the end of the day we still have a family who grieves the loss of their son and brother.”

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  1. What this bias artical fails to mention was even though there was mis matches in stories. Most stories overwhelmingly saw mr. Scott as a threat of some sort.

  2. All he had to do was raise his arms and wait to be cleared by the police. Shame he did not, but Metro has a job to do and get shot at all the time, from people like this that do not obey and respect the law.

  3. Tanker1975: I'm sorry to tell you this but if people who have guns on them were always shot then we would be hearing about stories all day long. Mr. Scott became that level threat, not when he walked out the store but when he,a man with a gun, refused to listen and made actions ( intentional or not) at his weapon. so let's not be little children and act like there is only one level threats.

  4. If I represented Costco in court I'd sue the family of this idiot for costs incurred.

    Law enforcement has a tough enough job to do and when anyone refuses to comply with a direct order, they should be wasted.

    Too many lawmen have lost their lives protecting the public because elements of society think they can do anything they want and not pay a price for their actions.

    Sympathy for the family,..Not A Chance!

  5. ""I firmly believe Erik was murdered," Bill Scott said. "The law has very little to do with justice."

    Amen to that.

    "After nearly two years of legal proceedings, the family of Erik Scot" is likely to have their own attorney bill in at least the high 5 figures. Factor in the involved cops get their attorneys for free, thanx to their Union and the good but clueless people of Clark County, and it's not hard to do the math of modern "just us."

    One of us was summarily executed by our cops. The aggrieved family is forced to drop their case against the executioners while the suits walk away with that family's hard-earned money. So much for "a more perfect Government."

    "The legal system has also been wounded by lawyers who themselves no longer respect the rule of law ..... When lawyers cannot be trusted to observe the fair processes essential to maintaining the rule of law, how can we expect the public to respect the process?" -- the Honorable Edith Jones to Harvard's Federalist Club "American Legal System Is Corrupt Beyond Recognition, Judge Tells Harvard Law School" 2/28/03

  6. "While my current faith in the law enforcement community has been shattered I truly believe your comment is not only inflammatory but completely unjustified."

    Heretic -- I admit your first charge and deny your second. What you call "inflammatory" is my opinion and I'm as entitled to make mine as you are yours. Your "unjustified" might have some credibility if I had not been stopped by Metro last July. The attitudes and actions of 2 of the 3 badged thugs hovering around me for a simple traffic stop, and the court proceedings that followed, give me far more credibility on this point than you. I am Metro's critic forever until I see it and its masters completely reverse their attitudes and actions.

    "How does it feel to be proven wrong time and time again?"

    bob -- nobody has been proven wrong. More like the Scotts ran out of money, therefore they ran out of rights.

    ".. it is NRS 41.0339 and NRS 41.0349 that allow the involved officers to "get their attorneys for free." It has nothing to do with "their Union and the good but clueless people of Clark County. . . . ."

    riotact -- wrong. Have you ever been part of the lawmaking process? I have. Those statutes 1) have to pass Constitutional muster to be entirely valid, including the inherent 14th Amendment's Equal Protection standard, and 2) were likely passed with heavy union and minimal "people of Clark County" influence

    None of the above changes the fact Scott was executed by Metro for doing something he was at liberty to do -- he was packing and made some poor choices, none of which justified being shot to death.

    "If the exercise of constitutional rights will thwart the effectiveness of a system of law enforcement, then there is something very wrong with that system." -- Escobedo v. State of Illinois, 378 U.S. 478, 490 (1964)

  7. 1. I am still waiting for someone to calmly and rationally tell me how a bullet wound can occur through an armpit unless the subject's arms are raised.

    2. I am still waiting for someone to calmly and rationally tell me about the reason for any of the 5 shots in an already wounded subject's back.

    3. Even if we accept as true the testimony of the first officer to shoot:

    A. How exactly does someone legally carrying a concealed weapon turn it over to police on command if that weapon is known to misfire if dropped (as was the .380 pistol the subject was carrying)? Without getting killed in a hail of gunfire? Is the penalty for lawfully exercising one's Second Amendment right Death?

    B. What were the other 5 shots other than uncontrolled "reflex actions" of the sort which adequate training prevents?

    So what is our Sheriff doing about this now that he isn't faced with a lawsuit?

  8. I believe the Scott family did the best thing. Let Erik's memory be of love. I am truly sorry for everyones loss. Just a morning of poor choices that escalated out of control, with no winners.