Lawyer seeks inquest change in Costco shooting

The attorney representing the family of Erik Scott, who was shot by police in front of a Costco store in July, on Wednesday served an unusual legal motion asking a judge to let the family view police evidence before an upcoming coroner's inquest.

If granted, the motion could lead to a groundbreaking change in the much-maligned coroner's inquest process, but attorney Ross Goodman doesn't think it has a chance.

"I'm not expecting much," he said.

The inquest process allows for a pre-inquest hearing in which the coroner, the prosecutor handling the case and the presiding judge in the inquest discuss what evidence exists and which witnesses will testify, Goodman said. It's not open to the public, but Goodman's motion asks that Scott's family be allowed to attend.

"What's the harm?" Goodman said.

The inquest process allows for families of the deceased and their representatives to hand-write questions to witnesses during the inquest, often in a mad rush. Allowing the Scott family to attend the pre-inquest hearing would let them see the evidence and draft questions in advance of the inquest, Goodman said.

"I've got a practical issue; I can't write that fast," he said. "And I can't even write legibly."

If the presiding judge for the Sept. 22 inquest, Tony Abbatangelo, allows the family to attend the pre-inquest hearing it would be a first, Goodman said.

The way the motion was served also was unusual. The inquest process is not a court of law and not subject to its procedures, so there is no courthouse clerk to accept the motion. Goodman said he had it served to Clark County Coroner Mike Murphy, Abbatangelo and the Clark County district attorney's office.

"Nobody's thought through it," Goodman said. "Procedurally it's a coroner's inquest, so technically I would only have to serve it on Murphy."

Murphy confirmed that he received the motion Wednesday afternoon but couldn't comment on it. He did say it was unique and that he would have lawyers look at it.

"We take it seriously and we'll have it reviewed," Murphy said.

Clark County District Attorney David Roger said Wednesday he couldn't comment because he hadn't seen the motion.

The American Civil Liberties Union of Nevada also plans to serve a motion today allowing Goodman to participate in any pre-inquest hearings. Staff Attorney Maggie McLetchie said a public records request will also be filed asking that the witness list, jury instructions and police investigative materials be released before the inquest.

Scott, a graduate of the U.S. Military Academy at West Point, was shot and killed by three Las Vegas police officers July 10 while walking out of a Costco store in Summerlin.

Police were called to the store over an employee's claim that Scott, who had a concealed weapon permit, had a gun and was behaving "erratically" inside. When police confronted him outside the store, they said he pulled out a gun and pointed it at them.

Witnesses have given conflicting accounts of the incident, and Scott's family and friends have launched an aggressive public relations campaign urging police to release any video of the incident from the store's surveillance cameras.

Attending the pre-inquest hearing would allow the family to see the video, Goodman said.

Wednesday's motion also asks for clearer jury instructions. Inquest juries can deem a fatal police shooting justified, excusable or criminal. But the definition of "criminal" is vague to inquest jurors, Goodman argues in the motion.

In last month's inquest into the death of Trevon Cole, the jury forewoman told the Review-Journal that the instructions she and her peers received didn't define what constituted a criminal ruling.

Goodman argues that the "criminal" verdict should be defined as involuntary manslaughter under Nevada law.

A criminal verdict does not mean the officer would be charged with a crime. The Nevada attorney general's office, through an agreement with the Clark County district attorney's office, can make that decision regardless of the inquest jury's decision.

Contact reporter Lawrence Mower at lmower@reviewjournal.com or 702-383-0440.