On Saturday, July 10, 2010, police shot and killed U.S. Army veteran Erik Scott, a graduate of the U.S. Military Academy at West Point, outside of the Summerlin Costco. Scott was apparently shot after failing to yield to a police request to stop advancing toward the parking lot and to lower himself to the ground, according to a report by Lawrence Mower in the Las Vegas Review-Journal.
Scott, who graduated in 1994 from Cadet Company G3, was described by his friend, Mike Pusateri, as "The most loyal, honest, trustworthy, salt-of-the-earth guy you could meet." Pusateri affirmed, "You only meet one or two of those kinds of guys in your life, and Erik is one of them.”
Reports by multiple media outlets give varying reasons Scott was at Costco with his girlfriend that day. One report states he and his girlfriend were shopping for things they needed to move in together. Another states Scott was there to pick up a prescription. The Review-Journal reported that police were called by a Costco employee who reported there was a man destroying merchandise. No accounts to date have described what merchandise Scott was allegedly destroying, however an apparent witness interviewed by the Review-Journal stated he saw Scott kneeling in the store with a backpack and a large package of sports drink bottles. The 72 year-old witness, who remains anonymous, reported Scott had ripped open the sports drink package and appeared to be placing the bottles in and out of the backpack, as if to see if they fit. The witness denied seeing Scott acting nefariously.
Some accounts also report that a Costco employee recounted seeing Scott’s concealed firearm, and upon challenging him to leave the store, was informed by Scott that he had a concealed weapons permit. The store was then evacuated, and witnesses in various reports state Scott was shot while exiting the store with the other customers.
Eye witness accounts vary and conflict from the moment Scott walked outside the store. An article from Fox 5 News online stated police confronted Scott outside the store and ordered him to the ground, at which time Scott pulled a gun on the police and they opened fire. Another apparent witness to the event, who commented on the Channel 8 news story online , stated he and his wife were within seven or eight feet of Scott when the shooting took place.
According to the witness’s post, “We heard and saw the 3 police officers shouting to the man in question to ‘get on your knees’ several times. At that point the man appeared somewhat stunned by the commotion and shouting of the police. His right arm went up in a defenseless position and it appeared his left arm appeared to be going up but there was NO gun in his hand. He was taserd and shot at the same time. At no time did the man in question ever raise his voice, shout an obscenity or become confrontational with the police.”
The witness, known only as EternalVigilance in the online post, continued his comment that he and his wife saw Scott stooping to his right, disabled with an apparent bullet wound in his upper chest. The witness stated that Scott was facing his wife and him and they were able to see Scott bleeding and see his eyes glossing over. At this point it appeared to the witness that Scott was no longer a threat, because he was already down, and with both hands in full view, the witness and his wife saw no gun.
While the incident is investigated, the police officers involved in the shooting; Officer William Mosher, 38, a five-year veteran of the department, Officer Joshua Stark, 28, who has been with the department almost two years, and Officer Thomas Mendiola, 23, who joined the department 16 months ago have been placed on paid administrative leave.
Officials are checking to see if the surveillance cameras in Costco captured any of the incident. The Review-Journal has reported that the 911 called made by a Costco employee has been retrieved, and captured police shouting orders at Scott prior to firing upon him, however police have refused to release the recording.
Steve Sanson, President of Veterans in Politics , and a Marine Corps veteran who served as an MP in the first Gulf War, believes there should have been other ways the police could have subdued Scott without deadly force. Sanson stated he is caught in the middle, ideologically, because he supports the police, however also supports the military and veterans.
Sanson commented, “I think their (the police officers’) age played a factor in this,” noting that two of the three officers were in their 20’s with less than two years on the force. He shared his observation that police-involved shootings have been on the rise since 2006 when Sgt. Henry Prendes was shot while responding to a domestic violence call. Prior to that, a Las Vegas Metropolitan Police Officer hadn’t been killed since 1988.
“If your partner pulls the trigger,” analyzed Sanson, “that doesn’t justify you pulling the trigger.” Sanson suggested that, given the lack of experience of two of the officers involved in the shooting, the officers who shot after the initial take down may have done so as a reaction to the initial officer firing, rather than out of necessity.
In an interview with 8 News NOW's George Knapp William Scott, the father of Erik Scott, stated, “What's gratifying to me is the many very good first-hand accounts from people who were within six or eight feet and report a much different story than what I am seeing in the press. These reports are more consistent with the Erik that I know.” The senior Scott is a former Air Force flight test engineer and a nationally known aviation journalist.
"I can't make the connection between the cause and effect in this,” Scott said. “There's no connection. The cause doesn't match the effect that my son was shot to death. The father part in me says call in the air strikes. The journalist part of me says withhold judgment. Don't react or assume until the facts are in.”
Two eulogies have already been posted for Erik Scott on the West-Point.org website by friends who served with him as Cadets at West Point.
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