Officer Testifies at Coroner's Inquest for Erik Scott - 8 News NOW

Officer Testifies at Coroner's Inquest for Erik Scott

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Steven Novotny Steven Novotny
Shai Lierley Shai Lierley
Surveillance camera shot Surveillance camera shot
Officer William Mosher Officer William Mosher
Erik Scott Erik Scott

LAS VEGAS -- On day two of the coroner's inquest, jurors heard the 911 call made by a Costco supervisor to report a man acting erratically and carrying a gun. They also heard from the first police officer to confront Erik Scott.

Jurors are hearing testimony in the case of the officer involved shooting of Scott at the Summerlin Costco on July 10.

Metro Police Officer William Mosher started his testimony late Thursday afternoon and said as soon as he came into contact with Erik Scott, the situation got tense and Scott got defensive and reached for his gun.

Mosher was the first to meet Scott and his girlfriend outside the store. Mosher testified that Scott's eyes looked bloodshot, and he "seemed basically out of it."

"He says, 'I have a gun," Officer Mosher testified. "At that point, he uses his right hand, reaches into his waistband area where the firearm is, and he begins to come up with the firearm."

Officer Mosher described the seconds before he shot Scott twice in the chest.

"He comes up with the gun. It begins to point in my direction and break the plane. Fearing for my safety and of all the other officers, and more importantly the safety of the citizens, including children in that area, I fired my weapon at center body mass in order to stop and incapacitate the suspect," he said.

While testifying, Officer Mosher says looking back on the incident he wouldn't have done anything differently. When asked by the DA who was in control of what happened that day, Mosher said Scott was.

The loss prevention supervisor for Costco, Shai Lierley, testified earlier saying he saw Scott acting erratically in the store, tearing open merchandise, pacing and talking to himself. He says he noticed Scott had a handgun in his waistband. Lierley says representatives with the store told Scott of their no-handgun policy and Scott became argumentative. Lierley said Scott raised his voice and said he was a Green Beret and they needed to check the Constitution.

Lierley says police were called and the store was evacuated. According to Lierley, he followed Scott and said he noticed he wasn't able to walk straight. Lierley said he saw police confront Scott. He says an officer grabbed Scott by the arm and Scott jerked away, drew his weapon and raised it at officers before being shot.

"When the officer makes first contact, when he puts his hand on Mr. Scott, Mr. Scott immediately pushes the hand off and at that time -- it's all of a sudden -- he came like this and grabbed his firearm," said Lierley.

He told the dispatcher that Scott's behavior was scaring shoppers.

The jury listened to the 911 tape during Thursday's testimony. Scott family attorney Ross Goodman notes you hear an officer yell, "Drop it," during the 911 call.

"He was told to drop the gun, and he did exactly that," Goodman said. "You heard from the detective before that. The only evidence on the ground was a BlackBerry phone and a Kimber .45 still within the holster."

Four computer technician experts were also called to testify on their attempts to retrieve the video from Costco's surveillance camera computer. They testified the computer hard drive was damaged.

"I don't think the general public is going to buy for one minute that Costco's video system was down for five days, and they did nothing about it," Goodman said.

The prosecution's first witness of the day was a neighbor of Erik Scott's. Steven Novotny was involved in an incident where Scott allegedly pulled his gun on Novotny's dog after it bit him. Novotny claims Scott cursed at him and then pointed his gun at him.

On Wednesday, three of Scott's doctors were called to the stand. Two testified that Scott went to them for pain management and they prescribed several pain killers and other medications.

The medical examiner testified Scott had several medications in his system when he was killed, including morphine and Xanax. The doctor said some levels of medication in his system would be lethal for the average person.

Also Wednesday, a Costco employee testified she saw Scott draw his gun and point at officers before being shot.

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