whether marcus underwood threatened the lives of christopher astor reason he and daniel partridge identified as a person who had committed a crime not identified as someone and a woman and mister underwood was standing next to another african american gentleman and by the way was going so slow as if to stop from six to eight feet away they shot twenty two moran owns a nine millimeter through both vehicles were along the southern side moving north in the wrong way and so mr underwood score was to the if you're looking from south to north his car was on the left hand side of the yes ma'am rocking his be a whole movement well they are in the main their own the side of the street so i would not say that they are blocking the vehicle ok but out and tell us what happened next so what happened last was mr underwood and his friend who were having a conversation and saw the police coffee asian witness to this incident according to her and according to the officers he was moving as millimeter ammunition and his car from six to eight feet away depending upon which account you pressed it and officers with his car and respectfully that is not to list them of the linchpin of the case is whether the officers reasonably believed that he was trying to kill them by driving directly at officer parker's that was in the middle of the road at that time and there are several very important factors that are undisputed in this case that demonstrate the reasonableness of the officers undisputed that one of the males starts walking in the direction away from the running backs and mr underwood gets in the driver's seat of that running maxim testimony is that iraq nd and he is looking at the individual who's looking away from the back of the maxima as he's doing that he's trying to cross the street walking away from those patrol vehicle that is parks facing mr underwood's far on a one way street as he's doing that his attention is called to mr underwood who is now getting in to the car and as a result he starts walking back across the street towards his car and the driver side of mr underwood or so with respect he never intentionally put himself in front of a moving vehicle and the district court specifically found  his testimony is that he's in the middle of the road when he st realizes the r is moving towards him and that's when he unfolds there's a siren on for the st time when he realizes the cars coming towards he must be off to the fat but maybe i'm missing you know your ari what he's doing is he's walking in from his car across the across the street which would be in front of mr underwood's car he's going to try and make it on the same line they are in the same lame ok where is partridge archer just near his patrol vehicle but walking away from this driver side door  underwood's car but to the passenger side of the underwoods part which is facing the direction that is our car when he realizes mr underwood's gotten in the car despite being instructed not to he reverses supports his testimony if he does not remember if he made it all the way across the entirety of that one way street where both cars are parked in facing one another before he starts walking back towards the other side of that one him he becomes alarmed obviously and that's when he pulls as his firearm and points it at the drop which ultimately impacts them and it is at that particular time when he when he and continue in that same direction for testimony though is that she does not know where officer partridge as she can only see officer it's very reasonable and understandable and the th circuit is help as much for the officers to have believed that that car was a deadly threat that could easily kill or maim officer partridge that was in the road when it was moving towards him and it route that is in the middle of that lying when the car started moving and then there are some evidence that now he had moved away from the car and step back and i don't know what the it started moving because he said if i was in the middle of the street and the street is that one line that what it is yes you are he was in the middle of the street when the car was moving towards him he doesn't remember exactly how gravitated to the middle what he went past the metal and then had to come back yes your honor he was walking across the street you were helping in front of his car in front way from his that our officers were performing a discretionary function on this evening which is undisputed the burden slips to the plaintiff to prove that qualified immunity is not applicable and they have to do that by demonstrating a force so excessive under the circumstances as to concentrate or as to constitute one should say a violation of the of the th amendment and began shooting at mr underwood within six or eight feet of where he was now both mr underwood hand his partner mr partridge excuse me within the speed limit of the neighborhood you know for somebody with six shots back to me is fairly remarkable and what go around and the grassy medium because things like you would have it be accelerated he would have hit a car does he drive it around the grassy tell me how that happened after the spot and assuming  whatever happened whether because they are like this to begin with right or thirty feet apart yes well yes ma'am but i understand that there are two police vehicles bet are located in this fashion and then mr underwood's vehicle is located here so he's not in the same line you can on a wind well there's only one lane but the shooting and did all the but come in through the front windshield or did someone come in for the vehicle through the passenger window well they came from all directions of the bullets remain inside my client and so we may never know