Search found 14 matches

by TXlaw1
Sun Jul 31, 2011 8:28 am
Forum: Never Again!!
Topic: CHL holder killed by police in Las Vegas at a Costco
Replies: 886
Views: 192147

Re: CHL holder killed by police in Las Vegas at a Costco

philip964 wrote:As a sort of general Las Vegas update, a year has passed since Erik Scott was shot by police outside the high end Summerlin Costco store.
Thank you so much for this sad update. It confirms my decision from about a year ago that I will NEVER go to Las Vegas and probably never enter Nevada. When their ads say "What happens in Las Vegas stays in Las Vegas" I think they really mean "What happens with the Las Vegas cops will be covered up by the Las Vegas system." Seems to me it is a dark hole that does not see the light of day or truth. Not my kind of place to visit.
by TXlaw1
Wed Sep 29, 2010 7:27 am
Forum: Never Again!!
Topic: CHL holder killed by police in Las Vegas at a Costco
Replies: 886
Views: 192147

Re: CHL holder killed by police in Las Vegas at a Costco

Outstanding reporting and analysis, baldeagle. I'm indebted to you for following this inquest so closely and reporting what you saw and heard. Thank you for taking your time to keep us informed. :tiphat:

I'll watch with interest what unfolds in the expected civil suit when the Scott family attorneys can grill the witnessed to get the truth rather than the apparent coverup of the DA. Now more than ever the Las Vegas marketing slogan means what is says - What happens in Vegas stays in Vegas. I'll never go to Las Vegas again.
by TXlaw1
Sat Sep 25, 2010 9:10 pm
Forum: Never Again!!
Topic: CHL holder killed by police in Las Vegas at a Costco
Replies: 886
Views: 192147

Re: CHL holder killed by police in Las Vegas at a Costco

baldeagle wrote:I don't know who all the LEOs (active, retired or military) on the forum, but Excalibur is a highly respected (at least by me) retired LEO, and he has commented several times in this thread. So has Pete Camp, who is an active duty LEO.
I posted earlier in this thread. I retired after 25 years as a LEO but, thank God, never had a shooting incident. However 25 years of range and situation training - and reading the snippets of testimony and comments by contributors who've had the time to watch the testimony - leads me to believe this was a bad shooting by officers who were too quick on the trigger. Seems Mosher may have fired after 2 seconds - thinking he waited 30 seconds - with the two other officers shooting reactively because he shot first - although they probably did not see a threat from Scott justifying shooting, just heard Mosher's shots.

Also, it seems the Scott family attorney is advising them well to wait for the proper forum to offer testimony from witnesses that would help Erik's case because the deck is stacked against them in this inquest - it not being designed to be a full civil trial and has severe limitations of their ability to examine witnesses.

Just my two cents at this point in the unfolding events. I'll continue to watch developments and I appreciate the reasonable and well-stated posts of others. Thanks to all who are keeping us all posted on this story that is important to all CHLs.
by TXlaw1
Mon Sep 20, 2010 7:28 am
Forum: Never Again!!
Topic: CHL holder killed by police in Las Vegas at a Costco
Replies: 886
Views: 192147

Re: CHL holder killed by police in Las Vegas at a Costco

Kevinf2349 wrote:
philip964 wrote:
Its now Las Vegas's big turn to show us they know how to investigate a shooting, and present the facts in a complete, honest and straight forward manner.
I think that is about as likely as them calling Gil Grisom back in to investigate it!

I would like to think that all of what you wrote will happen, but the cynic in me just can't see it ever happening. :confused5

What I think will happen is that there will be insufficent evidence to call it anything but a righteous shoot. They are not about to throw 3 murd....whoops officers under the bus and place themselves in the media spotlight. LV is almost as corrupt as Chicago so I don't expect anything but plaudits for the shooters and a villifying of Mr Scott.

:tiphat:
:iagree: I wish we would get what Kevin describes but fully expect a whitewash - to protect the Sheriff who is running for election and to keep the Las Vegas economy that is suffering from taking a bigger hit. After all, the motto is What happens in Vegas stays in Vegas.
by TXlaw1
Sun Sep 12, 2010 2:03 pm
Forum: Never Again!!
Topic: CHL holder killed by police in Las Vegas at a Costco
Replies: 886
Views: 192147

Re: CHL holder killed by police in Las Vegas at a Costco

Mr. Scott's blog is very enlightening, illuminating the corruption of Las Vegas that moved in decades ago with the mobster. I guess that's why it has the reputation - which it proudly advertises - that what happens in Vegas stays in Vegas. It will be very interesting to see if the coverup continues at the September 22nd hearing, if it is actually held. I hope the Scott family will one day find the truth and share it with the public and find closure of this terrible ordeal.
by TXlaw1
Wed Aug 25, 2010 4:14 pm
Forum: Never Again!!
Topic: CHL holder killed by police in Las Vegas at a Costco
Replies: 886
Views: 192147

Re: CHL holder killed by police in Las Vegas at a Costco

Rex B wrote:
Oldgringo wrote: It's not only the cops and Costco that want this incident to go away. Any and all who derive income from tourism in Vegas want it to go away. That would also include any media that receives advertising money to promote the place.
Then the best thing they can do is lay the cards on the table, and act appropriately if the cops were wrong. That means dismissal, criminal charges, and speedy, fair trials. Anything less and Las Vegas has a corrupt police department. If that's true, what else is corrupt?
Doesn't their nationwide advertising say something like, "What happens in Vegas stays in Vegas."? Is that their motto? Does this mean a coverup of such a tragic case is in the best interest of Vegas and their tourism trade so precious to their continued existence? :roll: :confused5
by TXlaw1
Sun Aug 22, 2010 12:41 pm
Forum: Never Again!!
Topic: CHL holder killed by police in Las Vegas at a Costco
Replies: 886
Views: 192147

Re: CHL holder killed by police in Las Vegas at a Costco

WildBill wrote:Here's the link to a blog by Erik Scott's father http://erikbscott.com/blog/" onclick="window.open(this.href);return false;
I have emailed him to request permission to post portions of his blog on TexasCHLForum.
Thank you, WildBill, for the link to this blog. Very interesting reading. Perhaps the Sheriff is trying to keep the truth from coming forward with the 911 tape and the video until he can get re-elected in November. Please keep us apprised of any further developments. Much obliged. :tiphat:
by TXlaw1
Fri Aug 06, 2010 8:29 pm
Forum: Never Again!!
Topic: CHL holder killed by police in Las Vegas at a Costco
Replies: 886
Views: 192147

Re: CHL holder killed by police in Las Vegas at a Costco

03Lightningrocks wrote:I am about sick of playing this game.... they straight up murdered an innocent man. that could be any one of us who posts on this forum. Think about it folks. If Erik had done anything remotely wrong, the tapes would never have stopped running about it. What happened was a bunch of attention starved morons working at Costco made the cops think something was going on that wasn't. Then the cops decided to execute a human instead of allowing the judicial process take place.
:iagree: Until they produce the video tapes that show otherwise (which I don't believe they ever can or will), I have to presume Erik Scott was the innocent one and the cops executed him. I know the cops are presumed innocent but I want to put that presumption on Erik at this time after waiting weeks for some evidence that he was in the wrong. "There, but for the grace of God, go I" to my grave at the hand of trigger-happy cops.

And I agree with you - I'd be at that vigil if I was in Las Vegas. But then you know I would not go to Las Vegas and neither would the friend of mine who likeness I use.

Thanks for your thoughts. :thumbs2:
by TXlaw1
Tue Aug 03, 2010 6:09 am
Forum: Never Again!!
Topic: CHL holder killed by police in Las Vegas at a Costco
Replies: 886
Views: 192147

Re: CHL holder killed by police in Las Vegas at a Costco

seniorshooteress wrote:I am anxiously awaiting the release of 911 tapes & being able to know what was on the survilance video. With the inquest being put off til who knows when, the real truth may never be available for the public. Clearly something needs to shake up the LVPD.
:iagree: Like fish, the longer it sits the stinkier it gets. This is smelling bad! I won't be going to Las Vegas.
by TXlaw1
Sat Jul 24, 2010 7:31 am
Forum: Never Again!!
Topic: CHL holder killed by police in Las Vegas at a Costco
Replies: 886
Views: 192147

Re: CHL holder killed by police in Las Vegas at a Costco

baldeagle wrote:
WildBill wrote:
baldeagle wrote:After everything I've read about this case (which is quite a lot), I'd hazard a guess that the inquest will find the shooting excusable (there are three possibilities; justified, excusable or criminal) and Costco and the City of Las Vegas will be paying a lot of money to fund the newly established Erik Scott Foundation.
Why would Costco or the City of Las Vegas pay for an "excusable" shooting?
The excusable ruling would be for the shooting. The reasoning I can see the inquest ruling using is that the reports from Costco led the police to be on a higher level of alert, which led them to shoot quicker than they might otherwise have or should have. I doubt seriously that the inquest would find their behavior criminal unless the video clearly shows that Erik never held a gun in his hand. Costco would be on the hook civilly for contributing to the image that led the police to shoot when they didn't need to.

Think of it this way. Costco calls 911 and says, we have a customer who is legally carrying but has not left when he was asked to. We'd like you to come and escort him from the store.

What would the police reaction have been? One or two cruisers, possibly three officers, they approach him inside the store and discuss the issue with him. They tell him that if he doesn't leave immediately, they will have to arrest him.

But Costco said they had a man with a gun, destroying merchandise, possibly on drugs or emotionally disturbed. The reaction of the police is quite different. Who is responsible for the police response? The police base their response on the report they get from the dispatcher, who is relaying information from the 911 call. They have no way of knowing that Erik isn't a threat, that yes he's armed, but he's licensed and he's behaving normally. (That's assuming that he wasn't a threat.) So if Costco's report to 911 was exaggeration or outright lies, they are civilly liable for Erik's death. Las Vegas would be on the hook civilly if the police reaction was found to be extreme. Especially if it can't be proven that Erik was pointing his gun at them.

Remember, in civil court the case is decided on the preponderance of the evidence, not beyond a reasonable doubt. That's a much easier burden of proof. That's why OJ was found not guilty of criminal charges but was judged liable for the wrongful deaths of Nicole and Ron in the civil trial.
:iagree: Baldeagle. Well said. And the OJ case is a good parallel. :thumbs2:
by TXlaw1
Thu Jul 22, 2010 8:01 am
Forum: Never Again!!
Topic: CHL holder killed by police in Las Vegas at a Costco
Replies: 886
Views: 192147

Re: CHL holder killed by police in Las Vegas at a Costco

baldeagle wrote:One thing this has done is cause me to decide that my decision to carry is for my personal safety and the safety of my family, not a civic duty or an opportunity for me to help others. I am much less likely to get involved in someone else's problem to the point of using my gun unless I am absolutely certain that I have no other choice. I'll be a good witness, but if you're looking for a bodyguard, you should have carried yourself. It may be crass to say it, but if I have to decide between your life and mine, that decision was made a long, long time ago. I will not risk my life for you unless the odds are highly in my favor.

This is a dramatically different approach to carrying than the one I adopted early on when I first made the decision to get my CHL. And it's a direct result of Erik's death.
This transition in attitude is what I am dealing with as a recently retired LEO who carried off-duty to protect myself and the public. Having the badge next to the gun in case someone noticed I was carrying made a difference and represented the authority I had under law.

Now as a CHL, I'm dropping the protection of the public part - except in rare situations where peoples lives are in immediate danger, like the Luby's massacre - and simply focusing on myself and my loved ones who are with me. It is taking a little getting used to but is easier each day.
by TXlaw1
Mon Jul 19, 2010 6:39 am
Forum: Never Again!!
Topic: CHL holder killed by police in Las Vegas at a Costco
Replies: 886
Views: 192147

Re: CHL holder killed by police in Las Vegas at a Costco

seamusTX wrote:Let's try this again: Costco did not kill Mr. Scott. The police "allegedly" did. Even in Las Vegas, the police force is not a contract assassination squad—at least not these days. I can't speak about the past.

- Jim
Let's try this again. I never said or even implied that Costco killed Mr. Scott or that the Las Vegas police were a contract assassination squad. That's what you keep bringing up, Jim, not me.

My response was only to your statement "You do not have "constitutionally protected rights" on the private property of another." Of course I do as I've pointed out earlier. Even if you had made this statement completely unrelated to the Costco tragedy, I would have had to correct your misstatement of the law that protects our rights. And thank God we have such protection.
by TXlaw1
Sun Jul 18, 2010 7:55 pm
Forum: Never Again!!
Topic: CHL holder killed by police in Las Vegas at a Costco
Replies: 886
Views: 192147

Re: CHL holder killed by police in Las Vegas at a Costco

seamusTX wrote:
TXlaw1 wrote:In fact one does, Jim or seamusTX, have "constitutionally protected rights" on the private property of another - including life, liberty and the pursuit of happiness.
You can call me Jim or Seamus. I also answer to Casey. I'm not fussy.

Please educate me about how the 5th or 14th amendment due process clause applies to non-governmental agencies.

- Jim
No thanks, Jim. I don't have the time to argue constitutional law with you. I am simply responding to your statement "You do not have "constitutionally protected rights" on the private property of another."

You know as well as I - indeed, it is self-evident in our jurisprudence system - that just because I may be in your living room at your invitation you cannot take my life because I am on your property. You may tell me to leave and allow me to leave. But you cannot take my life and deny me my liberty simply because I'm in your living room where you invited me to be.

Good evening, Jim :tiphat: .
by TXlaw1
Sun Jul 18, 2010 5:08 pm
Forum: Never Again!!
Topic: CHL holder killed by police in Las Vegas at a Costco
Replies: 886
Views: 192147

Re: CHL holder killed by police in Las Vegas at a Costco

seamusTX wrote: You do not have "constitutionally protected rights" on the private property of another. If you want to make a speech in my living room, I might be in a good enough mood to roll my eyes and listen to you, or I might boot you out the door. - Jim
In fact one does, Jim or seamusTX, have "constitutionally protected rights" on the private property of another - including life, liberty and the pursuit of happiness. This is especially true if one is an invitee and in that status is on the property of another. A shopper in a store is a commercial invitee and the store owner cannot deprive him of these constitutional rights without due process of law. And the invitee must be given reasonable opportunity to leave the premises if his invitation is withdrawn.

As an attorney and retired LEO, it seems to me these are the issues, inter alia, at question in this terrible situation -
1. Just how and to what extent was he told to leave?
2. What opportunity was he given to leave?
3. What did the police do in the process of his leaving?
4. Were their actions lawful?
5. Was this veteran deprived of his life without due process of law?
6. Were the actions of the police ultra vires?

Time and the judicial system MAY provide the answers to these questions IF all parties and witnesses tell the truth, the whole truth and nothing but the truth to an honest and impartial trier of fact. Will there be one? Maybe. I hope we live long enough to find out and for justice to be served.

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