Scott's Girlfriend a No-Show at Coroner's Inquest - 8 News NOW

Scott's Girlfriend a No-Show at Coroner's Inquest

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William Falkner William Falkner
Justice of the Peace Tony Abbatangelo Justice of the Peace Tony Abbatangelo

LAS VEGAS -- Erik Scott's girlfriend was a no show in court Friday even though an investigator from the Clark County District Attorney's office said he attempted to subpoena her but couldn't locate her.

Investigative Supervisor William Falkner testified that a subpoena was issued for Scott's girlfriend, Samantha Sterner, to appear at the inquest. Falkner says Ms. Sterner failed to appear.

The DA then played Sterner's statement made to police on the day of the shooting. Sterner told detectives Scott was not agitated that day, and that he was trying to disarm when he was shot by officers. She said she was yelling at the officer that Scott was a concealed weapons carrier, and that he was in the military. "The officer immediately drew his weapon without hesitation," she said in her statement. "The next thing I know, he is shot."

The Las Vegas police officer William Mosher who fired the first rounds at Scott was back on the stand for a second day of questioning. Mosher fielded dozens of questions from the audience and also responded to questions about a previous shooting he was involved in a few years earlier.

Several Costco employees also testified. Linda Bem, a Costco employee, said she signed up Scott and Sterner for a new membership. She said Scott was acting confused and that she worried for his mental health. Bem said Scott originally tried to sign up for a business membership, but appeared to have a hard time understanding the form. He then changed his mind and signed up for a personal membership.

Bem also said Scott attempted to fill out the membership form, but his handwriting was illegible. He then asked Sterner to fill out the form for him. Two other Costco employees also testified saying Scott appeared to be under the influence of drugs.

Several shoppers were also called to the stand to describe what they witnessed. Wentworth Eatherton spoke of what happened outside the Costco entrance when police approached Scott. "I honestly think he was taking it out and handing it to them." Eatherton was referring to Scott's gun. He also added that he believed Scott made a mistake by reaching for the gun.

Other customers never expected their shopping trip July 10 would end in deadly drama.

"It seemed like, any way to explain it, that all hell broke loose," testified Costco customer Barbara Fee. "I mean, there were people screaming, yelling, running."

Officer Mosher testified Scott raised his gun at him before the officer fired. Mosher confirmed on the stand that Scott's gun was still in its holster. "If he was disarming, he would know from his military training not to ever reach for that weapon, to go down on the ground and immediately comply," Officer Mosher said.

Jurors must decide whether Scott threatened officers with his gun, or whether was trying to hand it over to them.

"He drew up his hand. I'll never forget it," Fee testified. "Now, I can't swear what was in it, what was there, but he did it directly at the cop."

"The officer said, 'Don't do that. Don't do that. Don't do that,'" Costco customer Annette Eatherton testified. "He did it, and they shot."

After court, Scott family attorney Ross Goodman referred to the coroner's inquest forum as a "kangaroo court".

Falkner said he talked to Goodman about any witnesses Goodman may have. Falkner said he wanted to get Goodman's witnesses subpoenaed for the inquest, but Goodman failed to provide a list of witnesses.

Goodman says when this controversial case goes to a real trial, he will call more than 20 witnesses who will testify Erik Scott never pulled a gun on police. "The real proceeding is going to be in federal court when we file a civil rights action against Metro and against Costco," said Goodman.

The inquest resumes Saturday morning. It could continue into next week.

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