The Erik Scott Case, Update 13: A Sad Anniversary

On the morning of July 10, 2010, Erik Scott was shot seven times and killed by three Las Vegas Metro police officers while leaving a Las Vegas Costco store surrounded by other shoppers. Standing at his side as he was shot was his girlfriend, Samantha Sterner. The first officer to shoot Scott, only two seconds after drawing his gun and yelling contradictory commands, William Mosher, had shot two other citizens in the few years he had worked at Metro before killing Scott (one survived). The other two officers, Joshua Stark and Thomas Mendiola, had scant police experience.

This post, Update 13 in our series on the continuing Scott case, is not only a memoriam, but a summary, not only of our coverage to date of the case, but of the public scrutiny focused on Metro since they shot the wrong man, scrutiny that they, to this day, despise. Today is the first anniversary of the shooting of Erik Scott, an anniversary that, unlike most others, is not a cause for celebration and will never be a cause for celebration for the Scott family and for those who knew and loved Erik Scott. But it is our hope that the continuing outrage over Scott’s death and the many beatings, harassments, and deaths of Las Vegas citizens since will be the catalyst for changes that only the most corrupt or uninformed can belittle or ignore.

THE SUMMARY:

September 16, 2010: CY founder Bob Owens publishes our first article on the case at Pajamas Media (NOTE: All of our articles relating to the case, including links to PJM articles, may be found in our Erik Scott Case archive on the right hand side of our website). It was this article that inspired me to begin to research the case. Something just didn’t smell right.

September 21, 2010: My first post on the CY site and my debut in the blogosphere was the first Erik Scott Update and initial analysis of what was known about the case at the time. My police background made me cautious about jumping to conclusions based on fragmentary information, and I was more than willing to give Metro, a Law Enforcement Agency—LEO—with which I was not at all familiar, the benefit of the doubt. On the strength of this article and the public’s response to it, Bob invited me to be his co-blogger, an offer I gratefully accepted.

September 22, 2010: The inquest begins in Las Vegas. Throughout the inquest, no adversarial questioning was allowed. The Scott family was allowed to submit questions in writing to the judge, but few were asked and fewer were meaningfully, completely answered. There were, of course, no follow-up questions.

September 23, 2010: Update 2. Still very much giving the police the benefit of the doubt, I clarified several issues raised by those commenting in response to the first article, and answered many of their questions.

September 26, 2010: Update 3: I reported on the inquest to that point, including the public outrage at the one-sided, obviously unfair testimony attempting to portray Erik Scott as a crazed drug fiend whose drug addled actions caused his death. As I noted at the time, the only standard upon which the actions of the involved officers could legitimately be judged was what they knew or reasonably could have known in the very few minutes as they responded to the Costco, and what they could have observed in the two seconds after Scott was pointed out to them and they began to shoot him. Anything else amounts to post-mortem character assassination, which has yet to cease.

September 27, 1010: Bob noted that one of the witnesses to the shooting supporting the Police/DA theory of the case appeared to have been a donor to the DA’s reelection campaign. And:

Update 3.2: I answered additional commenter questions and suggested proper police procedure, which if followed, would almost certainly have resulted in no injuries to anyone at the Costco that day.

September 28, 2010: The coroner’s inquest exonerates the officers; Bob reports on Sept. 29.

October 02, 2010, Update 4: In this update I tried to mesh the 911 phone call about Erik Scott to Metro police with the available police radio traffic transcript. The result indicated an ever-escalating series of errors, unwarranted assumptions and misconceptions that eventually sent an incredibly large number of police officers to the Costco expecting a shootout with an armed and dangerous man. I also began to formulate a theory of the shooting that would explain how a man who never carried more than one concealed weapon—and had no place to carry a second--could have been carrying two when he was shot.

October 5, 2010: Bob published a story at PJM about the reaction of West Point Alumni and classmates of Erik Scott to his shooting.

Update 5: I intended to essentially put the story to bed with this post, but added to a developing theory and explained in detail that the police had more than sufficient time to resolve the situation non violently, but did not, instead, panicking and behaving unprofessionally, causing Scott’s Death.

October 14, 2010, Update 6: This update reactivated the series and focused on the illegal search and seizure of Scott’s home the evening he was killed under the pseudo-cover of the Public Administrator’s Office. Not only was there no legal or practical reason to search Scott’s home, the Public Administrator’s Office was specifically prevented by state law from searching that home, but did so anyway. Obviously, the police were desperate to find something in that home, and did.

October 23, 2010, Update 7: The theory of the case, which stands to this day, was fully developed and outlined here. It basically proposes that in the seconds after shooting Erik Scott, the officers realized that he had no gun in his hand when he was shot, but only his Blackberry. Despite handcuffing Scott, who was unresponsive and dying or dead, the officers did not search him or secure his handgun—a Kimber .45 in an inside the waistband holster at his back—and it was found by a medic in the ambulance on the way to the hospital. The weapon was hastily retrieved and returned to the scene.

The problem was the medic and the ambulance driver. They knew about the weapon and the medic testified to finding it in his report and wrote about it—in very odd and obscure language—in that report. How could Scott have pulled and pointed a gun at the officers, a gun that was later found still holstered under his shirt in the ambulance? The medics did remove Scott’s billfold from his right front pant pocket and gave it to the police before they transported Scott to the hospital.

They found his blue card for a .380 Ruger LCP, a pocket-sized pistol, in his billfold, stained with his blood. They had to find the Ruger, for that would become the pistol the medic found and make it possible for Scott to have pulled and pointed the .45 at the police at the Costco, but where was the Ruger? The police searched Samantha Sterner’s car at the Costco, despite the fact that it had nothing at all to do with the shooting and found nothing. Where was the Ruger?

This pressing need provided the motivation for the search of Scott’s home, completely removed in time and distance from the Costco and having nothing to do with the case. Using the Public Administrator’s office for cover, the police entered the home and seized the Ruger, as well as a number of other random items for additional cover, including a ceremonial West Point saber mounted in a shadow box. Now the police story of Erik Scott carrying two handguns could work. He could still have pointed the .45 at the officers, dropping it, still in its holster to the pavement when he was shot, yet they would look somewhat less incompetent for failing to find a second, much smaller handgun, which was “found” by the medic on the way to the hospital. A medic who would not be asked to identify at the inquest the weapon he found and described in such general terms in his report and testimony that it could have been any kind of handgun.

If this theory is correct—and I have found nothing to render it nonviable to date—the Metro police not only killed Erik Scott without justification, they have engaged in a continuing cover-up.

October 27, 1010, Update 7.2: I reported on the continuing harassment by Metro and Henderson officers of Samantha Sterner and others who were displaying magnetic Erik Scott memorial ribbons on the rear of their vehicles. Sterner was given what were almost certainly multiple “chickenshit” tickets in the span of a few days as a means of intimidating and harassing her. Other citizens experienced similarly abusive treatment at the hands of the police. This was odd behavior indeed for a police force that was portraying itself as professional, above-board, and completely justified in the shooting of Erik Scott.

If I had any slight, lingering reason to give Metro the benefit of the doubt, it was gone by this point.

November 10, 2011: Update 8: This update explained the realities of eyewitness accounts and followed the bizarre travels of the Costco security video hard drive across the United States. One of the most inexplicable facets of the Scott case is that there is apparently no video at all. According to Metro, the Costco video was malfunctioning, there is no patrol car video, no police helicopter video, no media video, and no video, not even of the aftermath, shot by the media or citizens. Despite these claims, a substantial amount of data—type unknown to this day—was recovered from a Costco security camera hard drive. I also wrote about the continuing thuggish harassment of local police of people displaying Erik Scott memorial ribbons on their vehicles.

November 24, 1010: Update 8.2. This update explored the nature of police training and how officers—and entire LEO’s—become corrupt. It also brought up an interesting coincidence: Las Vegas Locking Systems, the company providing video services for Costco and having a substantial role in the bizarre handling of the Costco video, also has a contract to provide video services for the Metro Police. It is also possible that they provided the locksmith that broke into Scott’s home after his death and made possible the probably illegal search and seizure.

January 03, 2011, Update 9: This update reported on the continuing deliberations of the Clark County Commission in trying to fix the problems of the coroner’s inquest process. So bombarded by citizen outrage were the Commissioners, they had no choice but to make changes that would make the process more adversarial and fair and would no longer stack the deck entirely in the favor of Metro. I noted that since 1976, 200 inquests into police killings have resulted in only one non-justified finding and the DA declined to prosecute in even that case.

I also reported on the bizarre behavior of the Police Protective Association, the Metro Police Union, which was threatening, if the process was changed at all, not to cooperate with Metro or the courts in any way, a threat that is being carried out to this day.

I also reported on recent Las Vegas media reports of police training and the fact that Thomas Mendiola, the officer who shot Scott four times in the back, had washed out of his police basic training but was allowed to try again. I also observed that the media reports indicated a police culture that was turning out aggressive and paranoid officers, officers who saw the world as very much us against them.

January 05, 2011, Update 9.2: The Clark County Commission finalized their changes. This update explained why they were likely little more than window dressing, yet the Metro police were still refusing to cooperate.

January 10, 2011: Local Las Vegas Media report that the Scott Family attorney, Ross Goodman of Las Vegas has dropped Costco and store security office Shai Lierley from the lawsuit, however, the suit may be reinstituted any time within the two year statue of limitations under Nevada Law. The primary suit is proceeding in federal court.

February 02, 2011: Bob reports that Thomas Mendiola has been suspended (on January 31) for giving a firearm to a convicted felon.

February 06, 2011, Update 10: In this update I explored the possible reasons for Metro’s treatment of Mendiola. I also reported on two bizarre incidents involving Metro officers, incidents which tend to reflect on the dysfunctional culture of Metro.

In the first incident, a Sgt. fired his handgun, either accidentally or on purpose, at a young man whose only offense was trying to leave an apartment complex where some sort of incident had earlier occurred. The officer’s bullet hit the car door behind which the young man was sitting and he was, miraculously, not hurt. The officer issued a summons for obstructing a police officer to the young man he came within inches of killing for no reason, and the young man reportedly intended to sue.

I also reported about a bizarre road trip taken by two Metro officers who were stopped for speeding by an officer in Arizona—an adjoining state. They were on duty and driving their marked Metro police car at the time.

February 26, 2011: I reported on a local media report which told Las Vegas citizens about the Public Administrator’s Office and their bizarre search and seizure of Erik Scott’s home—four months after I reported it. The report did not actually interview Steve Grodin, the Deputy PA involved, and did not deal with any of the real questions in the involvement of the PAO.

March 27, 2011, Update 10.2: This update spoke about the beating and false arrest of a citizen by Metro officer Derek Colling and the taser death of a citizen by Metro police, a case that is still awaiting an inquest. Both cases are very much indicative of the dangerous culture of the Metro police.

I also wrote about Metro recruitment and training policies and about the fact that Metro officers were still refusing to cooperate with any inquest not stacked in their favor and that Sheriff Gillespie was apparently doing nothing to require them to do their duties.

March 28, 2011: PJM published an Erik Scott update article I wrote, bringing those who had not been closely following the case at CY up to date.

April 02, 2011, Update 10.3: I reported on the attempt by Chris Collins, head of the PPA, with the collusion of the District Attorney’s Office, to pass a law in the legislature that would have given the DA or coroner the power to simply refuse to do an inquest in any police-involved death case. The bill was written in such arcane language that it would have applied only to Metro. Once again I explained why Metro’s refusal to do the common, daily duties expected of any competent officer was outrageous and deceptive. I sent an e-mail to Assemblyman John Hambrick (R-Las Vegas) who was sponsoring the bill, asking for comment.

April 17, 2011, Update 11: To no one’s surprise, Assemblyman Hambrick did not respond to my request for comment. On April 15th, testimony in support of and in opposition to the bill was taken in the Government Affairs Committee. During that testimony PPA head Chris Collins announced that he had nominated William Mosher and Josha Stark for honors as the “Top Cops” of the National Association of Police Organizations, which appears to be essentially a union organization. Collins is the Sgt. At Arms of that organization which did not give Mosher and Stark its highest honors, but did give them “honorable mention” awards. Collins announced that Mosher and Stark were, in essence, heroes for killing Erik Scott. So disgusted by Collins and his arguments were the members of the committee that the bill was killed and at least some legislators expressed their determination to kill it when and if it was refilled in the future as Hambrick suggested it might.

I sent a link to the update to the NAPO, suggesting that they reconsider their decision if for no other reason than that the case is far from over, casting some doubt on the “heroism” of the officers involved, and asking for comment. It will surprise no one to learn that they have not responded.

May 14, 2011: Bob reported the indictment of Thomas Mendiola for knowingly giving a handgun to a convicted felon.

May 15, 2011, Update 11.2: I reported on the disposition of the case of the officer—Derek Colling—who attacked, beat and arrested a man for the crime of videotaping him while standing in his own driveway. The DA dropped all charges and the victim plans to sue, however, to date, Metro appears not to have taken any action against Officer Colling who continues to work as a Metro officer. Like William Mosher, Officer Colling had also shot two Las Vegas citizens in a short span of years before his attack on the man videotaping him. Unlike Mosher, Colling killed both of the people he shot.

In this case, as in the Scott case, there was substantial opportunity for supervisors to identify officer mistakes and to correct them on the spot. In both cases, and a great many other Metro cases, supervisors seem to be interested in doing no such thing.

May 17, 2011, Update 11.3: This post dealt with one very interesting fact: Steve Grodin, Deputy Public Administrator of Clark County, the man who, on behalf of the PA’s Office led the arguably illegal search and seizure of Erik Scott’s home, apparently has substantial police experience. In my initial update about this topic, I assumed that Grodin did not have such experience and therefore would not be likely to have understood the law regarding search and seizure. I even entertained the possibility that Metro used him. That does not appear to be the case. Grodin would certainly have known he was assisting in an illegal search and seizure.

I also sent the link of this Update to Las Vegas media outlets, suggesting that they follow up. None acknowledged receipt of the information, and to my knowledge, none followed up.

May 22, 2011, Update 11.4: In this update, I reported that Thomas Mendiola had actually been fired from Metro in February and that he faced ten years in jail and a $10,000 fine if convicted. I also discussed the concept of negligent retention and how it might affect the Scott civil case.

June 11, 2011, Update 12: The week of June 5, Metro finally announced that the officers who drove a marked Metro patrol car while on duty into Arizona would be punished with a weeks suspension without pay. I commented on the extraordinarily long period of time required to handle this simple case of misbehavior and how that reflects on the chaos that is apparently the status quo at Metro.

On June 1, a motion hearing was held before Judge Edward Reed in US District court. The Judge’s ruling was handed down June 8. It essentially left the entire Scott case against Metro and others intact and particularly affirmed the Scott’s right to sue for negligent retention, among other torts.

The civil case is now on track to trial with the all-important discovery process next on the horizon.

June 23, 2011, Update 12.2: I reported that at the moment, 18 Metro officers are in limbo, unable to return to their usual duties until they have inquest hearings. The Metro PPA has filed suit to overturn the new inquest proceedings that allow for adversarial questioning during inquests and a greater role for families before and during the process, which includes the opportunity for greater discovery. Whether Metro, which has a well-deserved reputation for stonewalling discovery requests, will cooperate is another matter. There is also no doubt about the intentions of Metro officers: They have, through their spokesman, made absolutely clear that they will refuse to cooperate in internal investigations, and will refuse to cooperate with the criminal justice system in inquests and possibly other hearings.

July 8, 2011: 8 News Now in Las Vegas reported that the first inquest hearing under the new rules, which was scheduled for July 12, has been postponed. According to the story, the PPA and the DA have agreed to postpone that inquest, and presumable all others, until the court case filed by the PPA is settled.

This is an obvious case where both sides are getting what they want: avoiding any inquests under rules where it is possible Metro could lose and force the DA into a decision about prosecution. It remains to be seen how long they’ll be able to get away with it.

THE CASE AS IT NOW STANDS:

The civil case is going to happen. Those who hoped to delay or derail it through legal maneuvering have been thwarted. Ross Goodman has also made clear that he plans to reinstate the case against Costco, Shai Lierley, and potentially others in the Nevada court system prior to the expiration of the statute of limitations. The case is now in the discovery phase where a great deal of information potentially damaging to Metro is likely to be revealed.

It seems certain that the Scott family will not be interested in a settlement. Everything they have said and done to date suggests that their goal is nothing less than the exposure of any and everything Metro did wrong in this case to the greatest possible extent. And surely they realize that substantial change is unlikely in a city, county and police agency like that in Las Vegas unless those in positions of power are made to feel great political pain, such as the pain that accompanies huge damage awards in civil suits, damages of the potential this case may provide.

ERIK SCOTT:

Those who have not been closely following this case may know little of Erik Scott. Many might assume that anyone killed by the police would be likely to be, at the very least, a shady character. Usually, that wouldn’t be an unreasonable assumption. However, in the Scott case, the opposite is true.

Erik Scott was a West Point graduate, respected by his classmates. He was an officer of Armor, a M1 tank platoon leader. His final fitness report by his commanding officer read, in part:

“Lieutenant Scott is one of the best lieutenants in this battalion. As the Battalion’s Personnel Office he has done a tremendous job. He quickly oriented himself with his new duties and worked hard during a period of increased workload due to Army down-sizing. He took personal pride in doing whatever the mission was correctly the first time. He is intelligent, organized and a self-starter that required little if any supervision. Most notable was his decision to accompany the battalion to the National Training Center rather than have the battalion deploy without an Adjutant. This clearly demonstrated Erik’s willingness to care for soldiers and sacrifice his personal time for the betterment of the organization. Although Erik has decided to enter the civilian sector, there is no question he could have a successful Army career. I am sure he will be successful in whatever he does.”

And Erik Scott was indeed successful as a civilian. He earned a MBA from Duke, and lived in Las Vegas for nearly a decade working as a successful real estate agent and a sales representative for advanced cardiac devices. In both fields, he was well respected, even by his competitors.

Highly self-motivated in everything he did, Scott maintained a very high level of physical fitness despite suffering constant and debilitating pain from back injuries incurred in the military and in the civilian world. He had no criminal record, and no known contacts with the Metro police prior to the two-second meeting before they shot him to death.

FINAL THOUGHTS:

I have recently been able to acquire more than a thousand pages of Metro documents relating to the Erik Scott case (it’s good to have friends in low places). While I have not had sufficient time to do more than glance at them, nothing I have seen has in any way changed my opinion of Metro or my theory of the case. In fact, I have noticed many acts and omissions that reflect even more poorly on Metro and must surely be making the Goodman Law Firm very much look forward to having Metro witnesses on the stand. I will, in the near future, spend more time with those documents and others and provide information and analysis.

What kind of information and analysis? The Metro report on the Scott case lists, in part, the following personnel involved, apparently in the response and its immediate aftermath:

2 Commanders
1 Captain
2 Lieutenants
5 Sergeants
43 Patrol Officers
4 Cadets (?!)
One Helicopter with two pilots
2 Traffic Personnel
2 K-9 personnel (presumably with two dogs)

That’s more personnel for this single incident (63) than the entire complement of many American police and sheriff’s agencies, and even more were involved in the resulting crime scene investigation and follow-up investigation.

As we contemplate this, the one-year anniversary of Erik Scott’s death, let us offer prayers for him, for his family, and those officers of Metro who are honest and honorable in the hope that they will find the will to speak the truth when it matters. Let us also pray that those who are less than honest will have a change of heart, and if that is not possible, they and the politicians of Las Vegas, Clark County and Nevada will have no choice but to make changes such that innocent citizens need no longer fear their police force.

Above all, let us reflect on the fact that men like Erik Scott are among our best. When he enrolled in West Point, he knew that he could be required to give his life for all that we hold dear, and he ultimately did. It is up to all of us to see that his sacrifice was not in vain and that justice is, finally, done.