what is what is just here i believe that the ten eyewitnesses that came forward and gave their accounts deserve a chance to be heard and you know by a jury isn't there or isn't there testimony on the record particularly as to the shots when he was a ome that you referenced earlier that there are a number of witnesses klein that there was important to put into context where this threat is happening our officers are tast to keep eyes on a house where there's a drive by shooting that they were right after they drive past that house immediately after and or green walks into the street and starts to lift his shirt displaying a gun both officer bear and officer rosen testified that happened officer rosen then hit the brakes to avoid hitting mr green  considered henry green to be at fault for blocking out in front of the s u v and he said christian rutledge said henry green did it because he was mad and he was drunk he was mad because he had just gotten into a fight with a girl at a house  blocks away so when he drives past christian and part i apologize for my language but it's important to put into context the real testimony mr rutledge christian rutledge testified that as this is happening he's text messaging his before i looked up for my tax and that's what he said well it only takes a split seconds of the gun out number one number two it's a distinction without a difference if we go with he didn't pull it out and point it even though he did it if we go with that he still threatened the officers with a gun and that's why they aired that on on the audio in real time and there's no dispute he had a stolen gun in his possession at twenty six dollars yet it does appear that they went back to thing to air that happened and then they also did the right thanks for that introduction barry to try to find henry green because they had already aired it some are cruisers were coming to get eyes on now when they start driving down duxbury that's when they encounter actually pointing officer rose and tested both officers testified that he pulled the gun from his waistband officer rosen testified that at his officer i think i think it was said that it was the call number and then he said he gave a description of mr green's clothing black shorts red shirt on one short hair just he just pulled a thirty three on us of thirty three is a clum incident we know that thirty five seconds after officer rose in errors he pulled the thirty three dollars on us for swinging around the block that officer bear then errors shots fired shots fired so we have a thirty five nd window where the officers had to continue to drive anger turned on to duxbury the entire interaction the entire gunfight had to occur officer they had to have ended officer bear then had to get back in the cruiser and air the shots were fired all that happened in thirty five seconds and what happened here the vast majority of testimony is this incident occurred in seconds the officer rose and have has all his shots occurring in five seconds officer bear have all it has all his shots occurring in two seconds christian rutledge testified that all the shots happened real real real fast like a split nd jim or jordan says there were no shots that were lower higher so it we don't dispute he was shot when he was going to the crap but our officer stopped shooting when they recognized that a deadly threat had changed into a safe situation and that's it's hard in this case there's case law that warns us from judging the timing of this when we are not the ones you are if you are faced with an ar shooting bullets at the office and i think of other cases just strange i was co counsel on stephen drucker which is a case that you wrote the dissent on about jason white with a knife on the ground which is case one of most tragic cases i've seen in my career in that case in your dissent one of the things you noted was mr white was armed with a knife which was which is much less deadly than a fire in this case it's  and then he was shot on the ground is jerry out jerry out yet has taken a witness's testimony the entire narrative has you look there's case law that says you can't take one line from witnesses testimony and ignore the shot in two or three more times each after he hit the ground and here's the problem with jerry outwards testimony it's always been the problem in both sides to try to deal with this problem if you watch is videotape after three minutes he looks back sees henery green when he's got the officers a gun fight then sees the last five minutes so that's eight minutes already at the end of the gun fight they keep shooting him or one minute that's what he testified when you put it as a whole it's clearly contradicted by the timestamp the audio that everybody would agree that's the actual timing of yes it is and when mr or mr walton tried i mean we both tried to try to help minutes was actually eighteen seconds though he's clearly geria outskirts testimony is clearly contradicted by the uncontroverted audio timestamps so we know that's not the time it can't a jury question because your honor it everything is happening so quickly a reasonable officer would not have realized brett had hands when six shots were just fired at the officer when you look at officer rosen's testimony  anderson when she talks about the beginning of this she has a she says she looks out and sees henry green plot a gun and starts shooting at officer rosen she shows himself behind the door and then the officers return are so i  recognize the difficulty with this testimony regarding the shots on the ground your honor i recognize i reckon i said stephen drucker's well but what do you do when you have a case where it is clearly contradicted by the forensic evidence and by the stern for me is there and he clearly it was all happened very quickly the question being whether are whether some of it happened and then there was a pause and then some more of it happened but the design credibility deciding what view you look for deciding whether a witness could actually say ny or could've same what there are people who say here's what i saw my isn't that your classic serial because a lot of what they said they saw is clearly disputes clearly contradicted by the forensic at for example