Eyewitness 1:
Fee said she heard the officer yelling at Scott to get down, but he didn't.
She saw Scott reach for something on his side and then bring his right hand up and point something directly at the officer.
Fee said she couldn�t tell what was in Scott�s hand, but his hand was pointed, �directly at the cop.�
The officer fired, and she looked away while pushing her granddaughter behind her, Fee said.
When she looked back, she saw Scott face-down on the ground and a black object on the ground.
After the shots were fired, she heard a woman screaming, �You shot him, you killed him.�
Fee said she was worried Scott was going to shoot the officer.
�I was hoping he wasn�t going to shoot the cop, but with a gesture like that I thought somebody was going to get shot,� she said.
She told police after the shooting that she didn�t think the officer had any option to shoot Scott.
Witness 2:
Christopher Villareale was shopping at Costco the day of the shooting and also is a concealed weapon permit holder.
Villareale said he was one of the last people to leave the store and wasn't far from Scott when he was shot.
He testified that an officer yelled at Scott to get on the ground, �And Mr. Scott is just standing there not doing anything.�
Scott then lifted his shirt with his left hand and someone yelled �no, no,� Villareale said.
Scott then pulled his right arm forward with a gun in his hand, he said.
Villareale said it appeared to him that Scott was holding the gun by the handle, but he couldn't tell if the gun was in a holster since the gun was black.
The officer shot Scott, who turned, dropped the gun, was shot again, then fell to the ground.
Scott�s girlfriend yelled before the shooting that Scott was in the military, and once shots were fired, she became hysterical, Villareale said.
Villareale said he was involved in an incident previously in which he had to pull a gun on somebody, then deal with police when they arrived, so he has safely disarmed with a police officer present.
But Scott didn't respond in a similar and appropriate way, he said.
"He was acting in a way that I would think was not consistent with what would be the appropriate way to act in that situation," Villareale said.
He said he knew the officer thought someone could be harmed during the situation.
"I thought he did the right thing shooting him," Villareale said.
When asked during a question from an interested party, Villareale said it didn't look like Scott was going to hand the gun to the police, but he also didn't point the gun at the officer.
Witness 3:
John Nikitas, a Costco cashier, said he saw Erik Scott and a woman walk through the store. He heard Scott say to the woman that he shouldn�t have been in the store while he was drunk, Nikitas said.
He saw Scott knock a �closed� sign off a counter when he walked by, he said.
After being told to evacuate the store, Nikitas said he saw police officers outside.
The officers told Scott to put his hands up and get on the ground, Nikitas said. He said Scott did neither.
Witness 4:
Eatherton said outside the store they heard an officer tell Scott �don�t touch it,� and �get on the ground.�
He saw Scott move his hand on his right side, then the officer shot him.
Witness 5:
The officer told Scott to get down on the ground, but Scott moved his hand from the front of him toward his right hip, Eatherton said.
The officer yelled �don�t do that,� but Scott continued to move toward his hip, she said.
Witness 6:
The assistant store manager who confronted Erik Scott before Scott was shot testified that the man was acting strangely, his eyes were glossed over and �he did not seem right.�
Vince Lopez was called over to talk to Scott by Shai Lierley, a loss prevention supervisor who testified Thursday. On his way to talk to Scott, an older couple approached him and told him they were concerned about a man, who was Scott.
Lopez said he approached Scott and asked him what he was doing. Scott said he was trying to get water bottles to fit in a bag, but Lopez said Scott was trying the same type of bottles over and over again, even though they obviously would not fit, and he had opened multiple packages.
Lierley pointed out that Scott had a gun and Lopez backed off before approaching again to tell Scott that Costco does not allow guns since it is private club and not open to the public, he said.
Scott became irritated when Lopez told him about the policy, Lopez said. Scott became agitated and began using foul language, he said.
That is when he noticed that Scott�s eyes were glazed over.
Scott held his hands in the shape of a gun and pointed them at Lopez�s head, saying that if someone came in and held a gun to his head that he would take care of it, Lopez said.
Witness 7:
Linda Bem, the Costco employee who helped Scott sign up for a Costco membership earlier that day, is testifying.
Bem said Scott had a hard time understanding her instructions and filling out the proper forms.
Scott�s thought process seemed not to be working correctly, she said. Scott was able to have a conversation, but his responses were not as quick as they should have been, she testified.
His handwriting was illegible and he was writing things in the wrong places, Bem said. Scott then had his girlfriend fill out the form for him and she had no problems.
Scott seemed agitated, but wasn't violent, Bem said. She noticed Scott�s knuckles were bleeding.
Bem reported the odd incident to her supervisor.
�I sensed something was terribly wrong,� she said. �He was confused, his thought processes were very, very slow ... Quite frankly, I was worried about him.�
All but two witnesses address just how [bleep] up the dead dumb guy was while filling out forms and stumbling though the store aisles. The guy was hammered after ingesting alcohol,Xanax and Morphine, a serious crime in and of itself,perhaps even a felony in that state. He was ordered not to touch his weapon and to get to the ground. He did neither. His GF was subpoeaned to testify and refused to appear. There were innocent bystanders all around this interaction and the dead dumb guy could have shot any one of them,much less the cop.
The dead dumb guy has noone to blame but himself.
The backpedaling of the fools here who demonstrated their usual ignorance and agendized blather without first reviewing the facts is truly hilarious reading but, even moreso, you all are a criminal defense lawyer's dream come true. It's folks like you that freed OJ. Be content and stand tall with the role you play in life.
Last edited by RISJR; 06/03/12.
