Friday, July 16, 2010

Friday Open Thread

Happy Friday everyone!

Make fun of your friends who failed to pay their 2010 bar dues, or talk about whatever you want ... it's open.

84 comments:

  1. Interesting how some in the defense bar don't see a potential client when the cops f-up a shooting, and kill the wrong guy. All of a sudden they want to be the prosecution.

    Well, there is an upside to this, maybe Rogers can farm a few more bodies for NLV out of this group.

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  2. Sorry if I missed this elsewhere but did anyone find out what the deal was with the bomb threat at the RJC this week?

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  3. On a day when it is 113 degrees, do Chad Golightly's eyes burn - given that he cannot blink.

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  4. @9:53

    I think when it gets really hot Chad just licks his eyeballs like a lizard.

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  5. @8:53

    You're an idiot. Nuff said.

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  6. http://www.lvrj.com/news/colleagues-challenge-judge-s-comments-on-security-cameras-98587744.html -

    Instead of the judges finding blame with each other over who responded to the press, perhaps they should spend their time finding the marshal who leaked the story in the first place.

    They hired a therapist to be their court administrator (while most courts hire someone with masters in business or a legal degree) - perhaps their therapist should concentrate on getting the judges to work well together. It appears to be his only qualification for the job.

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  7. Is Jack Bernstein retarded, or does he only come off that way in his commercials?

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  8. Alleged Bulgarian mobster hires high profile defense attorney
    Posted by Jeff German
    Friday, Jul. 16, 2010 at 10:19 AM
    Dimitar Dimitrov was living in Bulgaria when Las Vegas attorney John Momot made a name for himself defending reputed mob figures in the 1970s and '80s.

    Momot how has a chance to relive those days defending Dimitrov, the jailed reputed leader of a Bulgarian crime ring busted in Las Vegas.

    Court records this week show Momot has replaced Todd Leventhal, Dimitrov’s court appointed lawyer.

    FBI wiretaps have picked up Dimitrov making an array of alleged threats worthy of old-time Las Vegas mobsters, including cutting off the ears of a former associate who owed him money.

    Dimitrov and 10 others face a variety of federal charges related to the theft of cars from auto dealers and cash from ATMs.

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  9. @9:59

    Am I? I was sitting in court this morning listening to a couple of d-bar turkeys salivating over the whole costco debacle. Just makes me think they don't buy their own hype regarding the defense bar's raison d'etre.

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  10. 10:02

    I definitely think that Holland Johnson needs a therapist. Leavitt could probably use some therapy too. Maybe they are just trying to kill two birds with one stone. We are in a budget crisis after all.

    Maybe NLV can get a DA/bailiff to run their third session.

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  11. I'm still witholding judgment on the Costco thing, but it isn't going to go away quietly, that's for sure.

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  12. Am I the only disturbed by Dayvid Figler's insane Wikipedia page?

    http://en.wikipedia.org/wiki/Dayvid_Figler

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  13. 11:17 - I think I threw up a little bit in my mouth just now.

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  14. I was not there and do not know what happened, but this much is pretty clear -- you 2nd Amendment concealed carry wingnuts occasionally get exactly what you deserve.

    There is no legitimate need to pack heat in the Summerlin Costco. What are you concerned about? That some lady might accidentally brush her silicone implants against you?

    He died preserving the right of private citizens to bear arms? A better strategy is to submit to the cop's authority and worry about your constitutional rights afterwords.

    In the meantime, you are exposed to apparently trigger-happy police, and you put dozens of entirely innocent bystanders at risk.

    This whole incident lays bare the fallacy that we are all safer with a privately armed populace.

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  15. Oddly, the CCW crowd seems to believe they can run around armed and nothing bad is ever going to come of it.

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  16. @11:17,

    Yes. I happen to enjoy narcissistic twaddle submitted by the subject of the article himself.

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  17. @11:25,

    "Sorry, you dressed like a slut, and therefore got what was coming to you. You exposed yourself to apparently rape-happy people without a legitimate need to dress that way."

    See how utterly absurd your argument is?

    1. There is always a legitimate need to be prepared to protect yourself. Oh, and in case you think that you are somehow immune to crime in Summerlin, in that area, there have been at least 10 attacks, 3 more with a deadly weapon and a few robberies, just in the last couple of months. Although I wouldn't call it a high crime area, there is always a legitimate need to be prepared.


    2. There is no evidence -- none -- that the actions of Erik Scott caused any risk or danger to bystanders. There is one or two witnesses who claim that they saw him waving a gun around. There are no witnesses who claim he actually pointed the gun at anyone.

    I don't think he died preserving the right to bear arms. I don't think he wanted to die at all. I think he was trying to comply with mutually exclusive demands from the police, and was killed because 3 rookies had a communication breakdown.

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  18. @12:12

    That said, do you acknowledge that if the people of our community go about town armed then there is inevitably going to be accidents and miscommunications that turn deadly?

    It may not happen often, but it will happen, as we have seen. To my mind its just the cost of having an armed citizenry, and I guess it has been decided that this is the way we want things to be.

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  19. I see what 12:42 is saying. It's like having everyone driving around in their cars, but expecting that no one is ever going to get into a wreck.

    We don't go into fits over careless drivers, more like low level griping at best. Then they either settle or they don't and the insurance premiums go up.

    The CCW crowd should have about the same expectation when stuff like the COSTCO incident happens.

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  20. @12:42,

    Will there be accidents and miscommunications resulting in deaths? Sure. But your definition of "people of the community" must also include police officers. Their mistakes and miscommunications also result in death.

    When it comes to mistakes by the police, it frequently doesn't matter of the person is armed or not. Because the possession of a weapon is, on the whole, irrelevant, on the whole, I'd rather citizens be armed.

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  21. @11:25

    I like how the only guy to get killed in this incident is the guy legally carrying a gun and you think that "lays bare the fallacy that we are all safer with a privately armed populace."

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  22. I don't have any issues with people, cops, cats, dogs, aliens, whatever carrying guns, but to a certain extent they are all going to have to let it go when the wrong person gets shot, by whomever. Cop gets shot accidentally, oh well, same for little kids, nuns, handicap school kids, whoever.

    That's just the way it has to be if everybody is running around armed. Shootings will just have to be handled in civil court. Glen Lerner can be on point with the PI suites that will result. It'll be great.

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  23. This silver lining to this shooting is possibility the inquest system will be fixed. It's biased and not aimed at discovering the truth. Anybody who wants a responsible police force should see that this situation, among many others, calls for some level of an adversarial process.

    Of course people only care now because the victim was a White, highly educated, non-criminal, not committing suicide by cop up in Summerlin.

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  24. Did somebody say they would be "laying bare a phallus. . ." Oh joy! How exciting.

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  25. Ever since the OJ case the gun nuts have taken over this site. Sooooo tedious.

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  26. Maybe one of the CCW folks could use their gun on the author/subject of the Wikipedia page?

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  27. @1:12 "not committing suicide by cop. . ."

    Erik graduates West Point but is out just two years later? Even if the Army was ‘retracting’ wouldn’t they keep a point graduate? He probably didn’t even make captain.

    Further, the guy is in his thirties and has failed at marriage with two divorces, failed in real estate, and as a result made multiple career changes. This highly educated guy was peddling medical supplies! Considering his background it's all very odd, and depressing.

    Sounds like suicide by cop to me. I think dad is covering for his son’s poor mental state.

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  28. I just got back from the Henderson Costco for lunch (still the best hotdog in town, and those prices, fantastic, too bad they shut down the MLK location).

    Anyway, there seemed to be no sign at the entrance of the Henderson Costco prohibiting firearms.

    Was the "no firearms allowed" policy only applicable to the Summerlin Costco?

    What gives?

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  29. http://www.lasvegassun.com/news/2010/jul/16/homeowner-shoots-kills-intruder-pahrump/

    guns don't kill people...I kill people

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  30. Quite obvious is the fact that the police were justified because "the suspect made a furtive movement" ie., go ahead and shoot. No one cares that it was in a middle of a crowd. Lucky the crowd did not make a "furtive movement" because then the police would have had to use a machine gun to mow everybody down. The cops are all adrenaline junkies who want to make their "bones".

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  31. I think the number of additional shooting deaths caused by a well armed populace would be similar to the frequency (relative) with which fist fights break out between apparently evenly matched guys.

    If you're not one of those people who thinks that the idea of the customers being as well armed as you are stops a guy from going and shooting up a McDonalds, subtract however many deaths could have been prevented by at least some would-be victims packing during any mass-shooting you'd care to name.

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  32. Erik Scott broke the law in just about everything that he did that day.

    This assumes that there are in fact, signs outside the Summerlin Costco that ban the weapons, in compliance with NRS 202.3673, as Costco did publically ban weapons in 2004. However, if they do not have the sign at each public entrance, then it doesnt apply.

    As a CCW holder and a daily carrier, this fool (the deceased fool) brandished his weapon in a threatening manner not only at patrons, but police as well.

    You can hardly lump him in with the rest of us (law abiding carriers), that if confronted by the police would keep our hands as far from our weapon as possible, lie down on that scorching hot ass pavement and allow the police to do their job. Protecting the public.

    This dick died as a result of his own actions and not for the cause of keeping and bearing arms.

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  33. Calling him a dick is a bit strong, but I do agree that everyone is being a bit hysterical about the CCW stuff.

    I've been pulled over or stopped in public by police a few times while armed (I drive too fast and am a loud public non drinker). Each time the situation went smooth. I said, "by the way I'm armed." They said, "keep it holstered and keep your hands where we can see them," and that was it. I signed my ticket or nodded attentively as I was given my warning and life went on.

    This guy did something. Cops hate paperwork, and this mess created a whole lot of paperwork.

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  34. The Summerlin Costco now sells a gelato at their food court. Maybe that made him crazy??? It is very good.

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  35. Re: Erik Scott & Costco.

    No sign is posted at the member's entrance stating "No firearms allowed," therefore notwithstanding the store's policy, the only remedy left to the employees who were bothered by seeing Scott's holstered weapon while opening a case of water bottles to try them out in a backpack was to ask him to leave and secure his weapon.

    The Costco employee who called 911 unnecessarily escalated the event and put the rookie Metro responders in a needless adrenaline rush thinking they were confronting a gun-wielding wacko.

    The officers or the 911 dispatcher or whomever-it-was who told Costco to evacuate all occupants through the exit so they could catch Scott in a deadly trap unnecessarily endangered the lives of dozens of bystanders. Again, rather than arriving and assessing the situation, the officers unnecessarily escalated the situation to be extremely confusing and hazardous.

    And, rather than one officer taking charge and giving commands to Scott, you had three shooters and a fourth with shotgun, all of them screaming commands at Scott, who was just as confused as every other customer exiting the store.

    And, yes, I was there at the time.

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  36. 2:22, thank you; you get it.

    The cops are famously trigger-happy, a fact well-known to anybody who reads or watches the news.

    There are hundreds of innocent bystanders surrounding the scene who have just evacuated the store, all within the zone of danger for stray, close-miss or richoceting bullets.

    The trigger-happy cops get tunnel vision, and cannot see beyond the immediate threat of the CCW guy.

    All-in-all, a recipe for disaster no matter how you slice it.

    Unquestioned obedience to the police demands is the only real appropriate response, but the same anti-authoritarian streak which leads him to insist that he needs TWO firearms to safely shop at Costco causes him to escalate the situation to a predictable outcome.

    I am not defending Metro in any way. In fact. I am a harsh critic, but this is like buying a pitbull and then being surprised when it bites your daughter in the throat.

    Enitrely predictable, and entirely avoidable.

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  37. Sure you were buddy. So was I and nothing you just said actually happened except the shooting.

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  38. I wonder if the cop in this video trained Mosher and the rookies?

    http://youtu.be/nDfNV9bJoSg

    It looked to me like the guy on the ground getting handcuffed (or maybe her partner) made a furtive movement. Or did he lift up his shirt to show he had a gun and then point it at her?

    Because cops never pull the trigger unless they mean to, huh?

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  39. @3:10, "nothing you just said actually happened except the shooting"

    So, a Costco employee didn't call 911? The cops "spider-sense" told them something was happening?

    The store wasn't being evacuated through one exit? You and your fairy godmother led an exodus out a side door?

    And, what?, only one officer calmly said to Mr. Scott, "Please get down on the ground," while the others applauded his restraint?

    Here's a question, if you were there, dipshyte, what color of shirt was Scott's girlfriend wearing? What color is her hair?

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  40. @2:49

    Of course you were there. So was everyone commenting today.

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  41. Thanks, 2:49. I'll call metro and ask them to close the case.

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  42. Exactly, everybody with some kind of axe to grind suddenly was 'there' and saw everything. What a load of bull.

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  43. So, rather than address the issues of how a rather mundane afternoon led to death on the Costco pavement, 3:34 and 3:35 (probably the same commenter, who thought up a wittier comeback a minute later), straighten their Metro cheerleader skirts and try to quell criticism by attacking the speaker. Nicely done!

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  44. I sure wish metro would eliminate some of those old people who clog the aisles at summerlin costco every saturday afternoon.

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  45. This is 2:49, and I have no axe to grind. I have an MP3 of my child's voicemail from when he finally felt safe and called me at 1:04pm after he bolted when shots were fired. He didn't know where I was or if I was safe. The fear in his voice shakes me to the core.

    I question everything that happened that afternoon from both sides and both stories come up wanting. I still doubt highly that the best way for Metro to have handled this was to evacuate all customers out one exit where the officers were waiting, guns drawn. If the gun carrier were crazy and wanted to hurt others, that's a sure fire way to set him off - to herd him into a deadly trap.

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  46. Is it just me or is it a bit hot outside today?

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  47. I'm pretty sure metro cheerleaders wear spandex.

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  48. The RJ said costco started the evacuation not the cops.

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  49. @ 2:49

    I believe it has been said that Costco employees began evacuating the building prior to officers arriving. With that said had Metro not responded the way they did and Scott began firing and killing innocent bystanders, what kind of scrunity would Metro be dealing with then? I say they are damned if they do damned if they don't. Oh and by the way Scott was a rather large boy don't be suprised by the tox reports, which would explain his behavior.

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  50. Also along with the toxicology is his ex Lydia Gorzoch stripper/meth head. I bet she has some input on ol' Erik.

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  51. I think 2:49 is Ross Goodman.

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  52. Impossible. I'm Ross Goodman. 2:49 is Troy Fox.

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  53. Thankfully, 2:49 did not attempt to talk the shooter to death. That seems like a slow, painful way to go.

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  54. It's like the lesser known corollary to Godwin's law that applies to Wild Wild Law: a thread is officially dead when someone brings up Troy Fox.

    And it's officially quitting time! The boss just left.

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  55. 2:49 here, re: evacuation.

    Yes, Capt. Neville said that Costco started the evacuation. But look at how they did it and think about why they did it that way.

    If safety (i.e. getting the customers out because there is a "berserk" gunman in the store) is the main concern, then use all the exits, you know, those doors around the store that say "Fire Exit."

    The purpose was clearly to trap Scott at the door that everyone was forced to go through and that had a Costco employee who could ID Scott. Why would they do that if Metro (officers or 911 dispatch) didn't coordinate with them ahead of time?

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  56. It is also possible Costco evacuated at Metro's suggestion or order. So play the speculation game you bored legal scholars. When is Costco changing it's name to Rossco?

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  57. @ 2:49

    Go to bed Troy.

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  58. Re: Figler I see he graduated from McGeorge, the Pompous Ass epicenter of Western law schools. Some others and I recognized that a core group of arrogant litigators that we hated to deal with were McGeorge grads.

    Now, going to McGeorge doesn't make you an asshole but if you are, then you probably went to McGeorge.

    PS: if you write *about yourself* that you are a "better known criminal defense attorney" then you are a pompous ass.

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  59. 2:49 PM - Nice analysis. The Costco employee plus imbecilic cops turned this into a tragedy. Call Andy the Sheriff not Barney the Deputy.

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  60. What attorneys aren't pompous asses? Except myself of course.

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  61. Sorry, but I'm not buying it. It's going to take a little bit more then the 'analysis' I've seen here to believe the cops just carelessly gunned down a completely innocent person.

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  62. @9:58 hahahahaha.

    Thanks. Needed that after all the hot air blowing around on this blog. You and the Figler people are probably the only actual attorneys posting on this thread. Dont know what happened, but its been taken over by d-bags.

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  63. Jack Bernstein doesn't just look retarded, he also looks very gay. And, best of all, from hearing him ask questions at CLE's, he doesn't know jack shit about personal injury.

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  64. 7:07 PM - I think we need a blog roll on the gayest male attorneys in town. I nominate Big Bear Bice.

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  65. can you believe people hire bernstein? What about the eye licker golightly.

    whenever I see metro I think of the movie Superbad

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  66. 7:07 I heard that he was upset people thought he was gay from the commercials. Apparently then he had never seen the final commercial, the producers didn't have much to work with.

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  67. Per the LVRJ it looks like our judges are as useless as always. Gee, let's have a witch hunt and then convene a committee on how to best punish the witch - all the while ignoring the damn problem. Viva Las Vegas.

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  68. So Bernstein has a problem with looking gay? Now I'm offended. Gay lawyers unite! Viva the gays!

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  69. Mark and Mercedes were making fun of Bernstein this morning. Seriously, I can't believe anyone would hire him after watching that commercial. I know most of the PI commercials are targetted at the lowest form of human being, but how low would you have to be to have a retard who makes house calls fight for you?

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  70. Who the hell listens to Mark and Mercedes? Their schtick stopped being funny 10 years ago when they first did it here in Vegas.

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  71. Towing scheme rumored at Family Court

    Posted by Jeff German

    Monday, Jul. 19, 2010 at 10:53 AM

    Concern is mounting in courthouse circles over reported questionable activity among Family Court marshals.

    Word is that a large number of cars have been towed from Family Court’s parking lot since the first of the year. The figure bandied about is said to be astounding.

    Some people at Family Court have overheard marshals bragging about the number of cars they can have towed on any given day.

    And there’s even talk that some marshals might be profiting from the towing bonanza.

    Just how the marshals have been able to get away with this for months is unclear.

    They’re certainly not providing a service to the public.

    By the time people get to Family Court, they're usually buried in problems. Having their car towed is another headache they don't need.

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  72. I just listened to an (unofficial, obviously) archived audio file of the police scanner from Sat. the 17th. The officer on scene ordered the evacuation through dispatch who had the Costco manager on a landline. The officer said, "Run this by the WC and Sarge. If we could get the management and employees to start slowly evacuating people out of the business without alerting anybody, that'd be a great idea."

    And, btw, the Costco manager's description of Scott's behavior went from "acting erratic, throwing merchandise around, possibly high on unknown type of 446 [narcotic]," to "talking loudly and destroying merchandise," to "him ripping open packages. They're concerned of a 414A [petty larceny]."

    Metro was pretty jacked up when they arrived because of the info. they were being fed by Costco.

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  73. @1:35

    Can you post the link where I can find archives of police scanner chatter for Metro? Thank you.

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  74. 5:13 PM - Bravo, public interest posting of the week.

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  75. Isn't it great the BIG CYA " He pulled a 413 and pointed it in my direction" broadcast over the air.
    I'm surprised no one had their mike's on, to let everyone hear the events unfold.

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  76. Considering the kind of person Erik was I don't see the big deal here? Good riddance.

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  77. Yeah, of all the things for the po-po to say on a keyed mike after killing a man, that's the most self-serving yet useless statement anyone can make.

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  78. family court marshals are out of control. Jeff please ask around. some of these guys led steve rushfield have put lights and sirens in their PERSONAL CARS and conduct traffic stops on the street. also, rushfield himself has recently choked a handcuffed chair restrained pregnant female because she was cursing at him.

    these folks are out of control and ass. ct. mgr. leonard cash is doing nothing, as he did in the da's office and dept. of parks and rec where he got flat run out. major reform is in order.

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  79. I'm not going to try to draw a conclusion to this. I'll just propose a few points.
    1. USMA graudates are generally obligated to the army for five years.If he only served two, he had to have been released for something serious (medical or mental). USMA is too big of an investment to allow someone to resign their commission so soon.
    2. I'm a cop (not Metro).I carry a gun daily. I polled friends who carry guns daily. I found few who carry two handguns ON DUTY, let alone on their own time. Even though it's recommended practice, it's rarely done.
    (Continued)

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  80. 3. While I agree that Metro APPEARS to shoot first, understand the type of info they received from Costco. Nothing raises tension more than responding to an allegedly armed, erratic individual in a crowded setting. I honestly believe that people unintentionally exaggerate the situation to get enhanced police response.
    4. When confronted by the police, please do what they tell you. Don't touch your firearm or drop it if it's already out. If he had his gun out and refused to drop it on command for whatever reason, it's no surprise he was shot.
    I have no desire to justfy Metro's actions. I'm just skeptical enough not to believe anything until all information is available. Truthfully, I think the shooting of the unarmed drugdealer in his bathroom to be alot more controversial.

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  81. I've heard the rumorof FC Marshals putting lights & sirens in thir personal vehicles and conducting traffic stops. I have never witnessed this, though. Transport units have made traffic stops and responded to Metro calls, though. They're quite proud of this. I was told that some of their judges had authorized them to do this; however, I'm unaware that judges can arbitrarily override state law. Different attitudes with the administration of each court. And forget the south gate reopening. They're never going to do it!

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  82. @2:11 I was a cop for 27 years working mostly East LA and South Central on graveyard shift and we all carried a second gun. In the winter it was in a shoulder holster under our jackets and in warmer months it was concealed elsewhere.

    @413 I now work for the DA's Office and was there when that idiot Leonard Cash came and left. What a complete jerk he was/is. He had the IQ of a door mat. I was happy to see him go but his replacement, Terry Johnson, is a lot worse.

    Johnson is deranged. He is the most despised and hated man in the office. Everyone hates him!

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  83. @728

    DA doesn't have any retired LAPD officers anymore....... Is this really Nicolan?

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