laundromat but he went and searched and found him there and then they asked him to come out and  directed him to come out he came out and he came out he had a hatchet and he started walking away from them the two officers who were there at first did not have on their cameras planning and walking that back that i can see it in a bit of you know that's the question is can you see him turning and not walking i didn't gather that from the video i thought he was where you couldn't tell i could just see him then well no he wasn't walking away from him at the time of the shooting no no he was walking away from them and they were following him and two officers was standing beside him seventy four year old homeless main seventy four yo you got three policemen there and two of them said that they were going try to knock it out it haint the other one used an entirely different stan he would mentally ill i'm sorry this is a this is a terribly tragic case and we've had a number of these were there was irrational behavior but they do say that that seems to go beyond a lot of mental illness was there any autopsy was there also and i'm not suggesting it's relevant to a lot billet here not but was there any indication that of drugs in addition to the mental illness the same so irrational no  and said there's a disorderly person here would you dispatch or something like that and and there was a dispatch and i generally correct on that well that's not m more information conveyed it wasn't conveyed to the officers daughter didn't have this information at the time you know we we have cases in probable cause to arrest at least says if one officer knows information supporting probable cause that same putrid to everybody yeah i guess i haven't really thought about whether on an excessive force case if one officer knows about something but the officer you're doing the force doesn't know about it that also imputed to him on his side of the case the and the reason that the probable cause computes to the other atal off search what any officer knows is is supposed to be an objective test and if there was probable cause to arrest somebody no matter who it is then it was a valid arrest i'm not sure that would apply an excessive force case if the officer actually using the force didn't know about a fact but are certain that they didn't have probable cause for him none of the officers had probable cause that he was the person they didn't get that that the court race with mr sanders he mentioned that mr shaw was mentally ill that speculation there's nothing in the record to prove he was mentally ill we know he was angry and range and had a deadly weapon also there was an issue about churches chicken whether he had a hatchet ricky austin testified in his deposition that he barred mr shaw from going into churches chicken because he was going in there with a hatchet days before that i think it was three days before that he actually made it into churches chicken with a pocket knife and was waving the pot enough at people i thought the district court's order said and had poked it at people i mean po tried to go into church chicken it was the only big individual walking away from church a ticket when the police arrived he had a hatchet in his hand this is not some were did the dispatch the officers who first arrived state that he had x with your i don't believe they did but i know that jones saw him walk away from churches chicken go and go into the laundromat when we with a hatchet and he said he did not drew his weapon and they backed out of the laundromat and that's when mr shaw came out and you can see it on the videotape they just told mr shell to drop the act at least twenty six times and he refused and i'm sure you've seen the videotape it is a tragic moving towards the officers regardless who are being up or not down or not or what not but that's your position as to what happened what didn't just turn around and get shot he was moving toward one of the officers sure he closed the distance between the officer the officer still you can see the video cam the video camera is of the officer who did the shooting that officer standing still mr shall close that gap hour for you to the deposition had had asked and he was asked in a deposition why didn't you try to knock it out of his hand which a shot told him if he touched it with that asked he was going to hack is hand off and that's exactly what all through test that's the reason he did not try to knock it out of his hand you also ask if the officers so your position is it the reason he didn't drown to knock it out through his hand wasn't that the other officer shot him before he could have gotten a chance to try to do that that's correct officer boone was asked wanted to do that sir could you repeat that they also had the baton did he ever make a statement before the shot was fired that he was going to try to knock it out of his hand or wanted to do so yes your honor that was the initial boone but who did he say that to obviously the other officers you can hear in the video i've he doesn't drop his comment to someone but he does say it out loud and you can hear it and how long before the shot was fired did he say that i believe that statement came as they were coming out of the laundromat probably at the two minute and twenty five second mork don't quote me on there that's going to close and then things change when mr shaw walked off and ignored their commands ok well that wasn't right before the shots i don't remember hearing that i'll listen to it again most of the facts in this case are on the video ninety five for sit the other five percent is what happened at church chicken without the video mr often testified that he did not let mr shaw in the church's chicken because he had hatched it questioned that off the video is again ninety five percent of the facts in this case and we see police that shows that all three wheels was faced with imminent danger and that he should have received things happened so quickly and any explanation in the record while the other officers didn't have theirs go they testified that they did not and they do not remember the reason and those all think they just did not have a known but thank goodness all through williams had his video walking side by side with side by side with officer williams who did the shooting and that they were going to knock it out at that point but the shooting took place williams maintained a gun and ignored the other officer in this situation and that's an example of how this oh to be an accountant after opposed to the way and that knowledge was that was at this hour late at church it's sick they didn't have the use of the fact they got all of these banks that later own they didn't have them at the time except for the fact that he had a hatchet now i mean when they a private property got him after he came out with the hat and what walking of way with them now they said that he would be a danger that them he was walking away from them he he wasn't being a danger to them he said they were going to be a danger to the responsive to their commands and he's got a hatchet in his hand they also can't stop him and disarming well if nothing illegal about having a hat if nothing illegal about having a heter him but if there's a report of you being disorderly and they also want to ask you about being disorderly and about hatchet in your hand and what you intend to do with it and you won't stop and you know work twenty six commands to drop it that's a totally different situation yes yes only if you wish to do so