Even before Scott exits his car police officers have called "gun." When he does exit his car, at about 50 seconds into the video, it is difficult to see but he appears to be holding something black in his right hand. He clearly has a black ankle holster which appears to one open and empty, since it flops a bit.
The still photos clearly show Scott's ankle holster below is bright blue pants on his right leg, and in one, it is clear the strap is open, and the holster empty. The way Scott is standing it appears he is trying to hold something down near his thigh, out of sight, he is standing is an awkward, unnatural position. He maintains this awkward position as he backs away. He is shot after only a few steps. The evidence, the videos, all create a fragmented picture of a man sitting in a car, smoking a joint, holding a gun. The evidence, when combined with the officer eyewitness testimony will be sufficient to support the officers findings of a serious lethal threat, and criminal activity. "Putney added: 'Officers were reacting to what they saw, and they have a duty to do so. They perceived an imminent lethal threat. 'In every encounter, people can make a decision to follow lawful, loud verbal commands and prevent some things like that.' The police chief also said he 'absolutely would not' be charging officers involved in the shooting death, but added police were doing surveillance in the area for another suspect they were going to serve a warrant on when they saw Scott smoking." There is no doubt the officers provided ample, loud, clear verbal commands, and Scott simply ignored these commands. There is no evidence of any racial issue, both the shooting officer, and the suspect were black. This appears to be a simple case where the suspect simply failed to act appropriately, and because he we in possession of a lethal threat, handgun, he was shot, and killed. I will be surprised if, in the end, the evidence, or any jury verdict were different.
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