THe officer who did the shooting testified that he shot only after Scott faised his gun "above the plane" (meaning that the gun barrel was raised to horizontal. According to the officer, he was afraid for his life and the safety of the other customers, so he shot center body mass.
According to the account at 8NewsNow:
[Costco's store loss prevention supervisor Shai] Lierley says police were called and the store was evacuated. According to Lierley, he followed Scott and said he noticed he wasn't able to walk straight. Lierley said he saw police confront Scott. He says an officer grabbed Scott by the arm and Scott jerked away, drew his weapon and raised it at officers before being shot.The Scott Family's attorney Ross Goodman notes that the phyusical evidence after the shooting raises questions about the testimony. He said (apparently outside the jury's hearing since he is not an official participant):
"When the officer makes first contact, when he puts his hand on Mr. Scott, Mr. Scott immediately pushes the hand off and at that time -- it's all of a sudden -- he came like this and grabbed his firearm," said Lierley.
"He was told to drop the gun, and he did exactly that," Goodman said. "You heard from the detective before that. The only evidence on the ground was a BlackBerry phone and a Kimber .45 still within the holster."So far the news reports are not reporting testimony about the physical conditions at the scene after the shooting. Is it true that Scott's gun was still in its holster?