Yesterday, two Cosco employees described Erik Scott's demeanor the events leading to clearing the store and the shooting. Both described evidence of inebriation. One said that he stumbled into the conveyor at the cashier's station and commented to his girl friend that he was "F***ed up." According to the investigating detective, the autopsy revealed prescription drugs in Scott's system (but precisely what drugs is not clear to me. Intoxicating drugs?).
Casings at the scene show that one officer fired four rounds, one fired three rounds and one fired one round. That suggests to me that all three officers assessed the threat as immediate.
The following may be the most significant testimony I read. One of the witnesses was Ronald Montgomery. Mr. Montgomery has worked in law enforcement for Homeland Security for 23 years. He said he felt the officers had no choice and had to shoot Scott. According to Montgomery, he saw Scott raise the gun and holster, holding the gun by the handle ("full grip"). Scott's finger was not on the trigger. Scott raised the gun from his waist to shoulder level. He did not comply with commands.
A gun in a fabric holster is a threat when the business end is pointed at someone. The gun can shoot through the holster.
The coroner dismissed the jury for the day.