For God's sake if some police officer shoots me don't let it be "Curly". http://www.lasvegassun.com/news/2010/se ... gun-didnt/" onclick="window.open(this.href);return false;
Next were going to find out that "Moe" and "Larry" had his back.

From this guy's testimony it sounds possible that Erik pulled his gun and holster all out of his waistband in order to hand it to the cops or at least comply with the "Drop it!" command as issued by the officer.
Quoted from the http://www.lasvegassun.com" onclick="window.open(this.href);return false; article above (hope this meets the standards)
My crystal ball is telling me that this is going to boil down to Mosher having only been briefed with the words "Erratic", "Drugs", "Green Beret" and "Gun" lost his cool when he commanded Erik to "Drop it!" probably as a mentally pre-recorded tatic and Erik actually trying to comply with that command and Mosher panicking when we saw Erik remove his gun (in the holster) with his left hand still above his head and fired. The other officers firing in panic or sympathetic mode. The shots all came pretty rapid on the tape.He explained how after homicide detectives responded to the scene and began investigating the officer-involved shooting, a number of items were recovered outside the store: Several shell casings, a cell phone, and a 9mm Kimber semiautomatic handgun.
The handgun was still in its holster.
Mosher testified that he didn’t know that the gun was in its holster at the time he fired. He said he owns the same type of holster, and the gun could be “easily fired” while in its holster.
He also testified that he didn’t recall ordering Scott to “drop his gun.” But those commands are distinctly heard on the 911 tape that was played for the jury.
The tape was again played for Mosher, who said it was his voice on the tape. He was the only officer issuing commands, he said.
Total shame. Now seems like Erik was not the victim of a premeditated malicious attack but instead the victim of a cascade of incompetence starting with the 911 call.