The family of Erik Scott, crazed drug addict, have dropped the lawsuit against the Las Vegas Metropolitan Police Department. The facts were just too much. Crazed gun nut Mike McDaniel who tried to make Scott the Rosa Parks of the concealed carry movement, is in denial.
Las Vegas Review Journal March 13, 2012
Costco Shooting Victim's Family Drops Lawsuit Against Las Vegas Police
Family members of Erik Scott, who was shot and killed by officers outside a Costco store in 2010, dropped their lawsuit against the Metropolitan Police Department on Tuesday, ending one of the most controversial chapters in the agency's history.
The lawsuit wasn't strong enough to withstand the appeals process, family members said.
"It's not the slam-dunk case that everybody thought it was when we started," said Bill Scott, Erik Scott's father. "If there was a different appeals court involved, I think we could have pressed ahead."
The family also was going up against stiff resistance from Las Vegas police. Sheriff Doug Gillespie said Tuesday that he would not settle the case.
"No matter how you look at it, the Scott family lost a loved one," he said. "I, as a sheriff, understand that the best I can. But I also have to support the process and support our officers when they make appropriate decisions."
The news surprised Chris Collins, executive director of the Las Vegas Police Protective Association, which represents roughly 2,800 officers, including the three officers involved in Scott's shooting.
"They (Scott's family) kept telling people they had a case and they were never going to let it go," Collins said. "They let it go. ... Someone convinced them otherwise."
Bill Scott said they didn't drop the case because they didn't believe in it.
"I believe, as do many, that Erik was murdered, crime scene corrupted, critical evidence destroyed," he said.
What is strange is that the family is claiming that "qualified immunity" is the reason that they believe that their case will fail. Strange because qualified immunity protects only the involved officer personally, it does not protect the employing government agency. Whether the officers involved were held personally liable is not relevant for the success of a lawsuit, as their employer is still liable.
Basically the family realized that without the non-existent video of their version of events, they could not win because the eye-witness testimony would show that Scott did not comply with the officers commands and he attempted to draw his weapon, while under the influence of what the coroner described as a lethal level of a cocktail of fraudulently obtained prescription pain killers. The fact that his fiance admitted to police that Scott was drawing his weapon when commanded by the police officers not to was the death knell for the lawsuit.
What is sad is that the family has not come to realize their responsibility in this tragedy by allowing their son to continue a life of drug addiction and they did nothing about it. Now they are spinning conspiracy theories worthy of the claims of the radical left that Lee Harvey Oswald, communist, did not kill JFK.
According to the family, the LVMPD, the United States Secret Service and Costco are involved in some gigantic conspiracy to hide non-existent video tape of the shooting. It is even more sad that the gun nuts encourage this departure from reality. Note that some in the 2nd Amendment rights world realized their mistake and backed off from supporting Scott.