skilled in the shooting got it although this case comes to this court as an appeal from a motion for summary judgment dealing with man that was shot here today and i believe that every saying in this case bears on the fact that this particular individual lost his life was albeit in hindsight twenty one year old college student majoring in criminology whose only aspiration in life was to become a police officer who exited his girlfriend's apartment door and was as shocked as the police were to come into contact with them upon being up right away at that spot is where genuine issues of material fact begin to arise this young man with aspirations to be a police officer who had applied for the various was that killed him three days before this shooting took place stood with his hands up according to two of the police officers and his girlfriend in the course of a span of two to four seconds depending upon who you listen to at the time of this confrontation the lead police officer in this pack with the defendant shoot a police officer martin for who had a canine officer and a gun at the same time which is a violation of their own policy among council that the police officer heard a nine one one dispatch where there was yelling and conflict and allegations about a gun whereas the sworn statement of the police officer in question stated that he paid no attention whatsoever to dispatch and that he disregarded two witnesses who met him at the scene didn't listen to anything they had to say didn't ask them anything after saying they could conduct the officer who shot the individual scene or did he come later he took the lead with the dog and instructed the other officers to get behind him he approached the apartment in question down what was estimated to be a thirty foot breeze way and made an immediate right to the apartment and complex apartment in question which is an open gallery in this complex by the way stand in no more than ten feet from the door and a shock to him used an expletive the say he was shocked at running directly into the person he understood to be the suspect who was in this case quem a mason and his girlfriend wrecked babineau who had just left the apartment to look for a he stood there in shock as she was and realized that the police may overreact to this young man who has an exposed weapon on him and she jumped in front of him and began to yell please don't do anything stop stop stop he's not doing anything wrong he has a license for this gone he's training to be a police officer all of which was true and in response the lead police officer with the gun and the dog and the gun out of the same more no more than three feet apart miss babineaux says the young mr mason had a look of shock on his face and his hands were clearly up and he was standing still as she was yelling please don't don't do anything he's not doing anything wrong she jumped in front of him so yes she was that she was standing between him and the police officer that this time she according to her testimony she attempted to get in front of him so that nothing would happen to him because she was afraid that something would happen to him the police testimony was that she ran all around the scene including behind some of the police officers but we don't believe that is correct and in fact the evidence will show otherwise because when mr ma and there's a factual dispute and there's blood all over the dress because she was standing next to a young man when he was shot the look of shock on mr mason's face was interpreted by the lead police officer with the gun and the dog as being what he described as a post academy instructor with the an intuitive skills training then him as being this weird look where he referred to you know how  it was just following that yana it the police officer says he saw the weird look on his face he saw a top his chin he saw him a mason use his girlfriend and what he characterized as a slick kind of way to shield himself from the other police officers lost where a lot of screen gone gone or anything like that at that point the officer with the dog after he said mr mason used the girlfriend to shield this young man said that he was shot with his left hand in the air although the wounds were similar to the right side and neither of the pathologists would make that particular statement about whether or not the right arm was in the air at the same time however according to defendant fall he released that door going to three actually and began firing simultaneously with the dog striking them a mason according to the defendant fall he said the dog failed to disarm him i don't know how that's supposed to happen but the dog failed to disarm immediately so he began to shoot the first shot strike struck mr madison who by the way another question  and broke his jaw ricochet downward and into the torso but it was clearly at a downward angle after the first shot officer for continued to fire with each of the six consecutive following rounds striking mr mason in the back of the last two rounds were fired into this young man clearly after he could have not possibly posed any threat completely debilitated when he hit the ground basically the humerus bone on both arms had been shattered by gunfire at no point i mean hit the ground at the town he hit the ground yes that he could not have raised his arms he could not have held a gun in his aunt she could not have committed as any evidence that the police officer knew where the bullets are demanding that he had five other than officer fall testifying that he intentionally placed  round forward anough from his dog's nose not to strike his dog with each of the six consecutive rounds and struck him in the back being on his back left side which is particularly interesting yana book i want to ask you a question of the last part of it dr trail also testified that this young man continued to live up to five minutes after he hit the ground he was drugged by his feet from the scene by the police offices where alleged conduct c p r conduct was performed and not by the man who shot him he walked away and had a cigarette but by other police officers who drug him away at the scene and eventually some fourteen minutes late acadian ambulance was allowed to come there which forms the basis of the claim as well  attention to the nine one one call in reference to a dog it was a dispute about a dog this man jumped out of his arsenal out of hollering and screaming as that disputed is where there was a lot of hollering and screaming and there has been arguments girlfriends in the apartment did i guess they drink a beer or two and they all had a good laugh he was not angry it was not boiling he was not upset he walked outside and was shocked literally to death he won't outside he walked outside to go look for his girlfriend's dog and that's when he was confronted by the police and in this particular case shot as a reference and after the first shot all of the remaining shots struck this young man on the back left hand side he hit the ground and then after all threat was stop this officer walked around him and in his statement this officer said he continued to shoot him because he continued to move he was alive he did not basis stand but then when he shot him when he was down is jumps into another category do you see it that way or is it just one episode absolutely i see it that way you have to hit the ground regardless of what i said beforehand it clearly was not a threat as he hit the ground and in fact there was two more incidents after that because this particular shooter not only clearly did not have any form of threat but he took different positions when he shot this young man that ever removed from his waistband the testimony of this particular police officer that did the shooting was that he saw the gun so i'm grab the gun and then at the end of the statement he gave to the state police and when he thought the tape was off and the court has  state trooper said well say to free me we're done with the statement and turned off the tape and that the defendant police officer who did the shooting who sought to record it was off said so did he have a gun which chief just first the sake of housekeeping and because of some of the things that were mentioned in the briefs in oral argument there i was informed by the clerk that the now i'm one one call dispatch and the autopsy photographs the radio traffic that took place during this call the louisiana state police report with all of these people statements that the attorney referred to mr spear are i don't believe a been requested by the court according to miss nancy lundy so i would ask i have no idea where he gets this but i would ask that you please review the tape in all those regards because certainly that is not the case again and especially with regard to what went on before this there were some questions about that family take the position that although there is zero evidence that kwame calming mason committed any crime whether nagra vader to solve or the failure to alert a police officer that he owned a weapon during the approximately four seconds which he lived between the time that he was confronted by the police and shot did vavasor fall the reality is there's nothing in the record whatsoever that can support a finding th mason was guilty of any crime whatsoever and certainly no threats to lives or safety but calming mason which would justify his brutal salami if you listen to those nine one one tapes and you take it as a fact what those dispatch logs this happened between twenty one twenty two and twenty one twenty seven five minutes from the time of the call to the time shots fired and that doesn't count for officer falls travel time it doesn't count for him getting his dog out it doesn't count for him doing what he is required to do and that is you police officer stop he was the ranking officer there were two corporals he was canine officer and i call such as this which was  sixty four gulf in the briefs there's in the state sixty five gulf sixty four gulf means aggravated assault or aggravated robbery with a gun he didn't say he didn't pay attention to the description he talks about the description in his state as a matter of fact he says that when i rounded the corner now the dispatcher when he said i thought east there was a statement in briefs that he said i didn't pay any attention to the what the surrounding circumstances work and when they rounded the last corner if you go from judge higginbotham's right shoulder to judge owens left shoulder and the w faced with all the policemen had their pistols out and mr madison and this  a move to shoot you know at that point even though they knew he was african american the length of a sphere close top and bottom that he had on that he was probably with a female they didn't know exactly whether he was inside or outside the apartment but when they rounded that corner there was no doubt many of them on according to their statements this is our man they had their guns out and they didn't shoot it although with their guns drawn yes but that dog was not released the dog never left the leash of officer falls left but it turned out he let the dog go once he saw the  main had one hand up but one hand down and he came up toward the pistol and popped his hand and was when that occurred that the move his down at least his rifle he also canted and turned toward the officer at some point officer fall saw the gun and quad manes hand was now over it he then let loose of the dog and according to law officer almost simultaneously started shooting because he because the charged there's absolutely no doubt about it why can you say that because i mean i sure heard statements to the trade this morning because two police officers britney do god look at the female officer who was present with  heard the word gun and especially when  upset at all she says he reached for the gun who said his girlfriend categorically and then the next day a gentleman took him to the t v station and she started telling a story about well he reached for the gun because he'd been in criminal justice and he knew the best thing to do was to take the gun out and to put the gun down no officer said put the gun down they said put your hands up show us your hands get on the ground where we're at summary judgment here we're not the jury we just we have to accept there the facts  favorable to mr mason's team ever has to be evidence on in other words well we need more than more your statements about this is a witness statement that said the witness statements that i referred to earlier that when not manually attached and were not electronically attached to this record contained in document number thirty seven and if this court wants to find out who to and that's how the shooting occurred and that she even continued to a cut what did his girlfriend site about the timing of the reaching down towards the pistol and then letting  just what does work we don't need you we can accept your speculation and we can't accept your speculation in favor of the police officers what we need to hear is what she said and how that fit in when the dog attack and when the shots were fi d i'm assuming that the shots were fired even if the same you what did she say she said he was reaching for the gun because he knew he needed to put it down by definition what down and it was his if he was going to take up fighting stance so i went to put my service revolver up because i thought we was going to fight me and then the other things  he didn't rush the officer and one or apparently stand up the other on went down by the pistol and the officer deployed non deadly the next day she's coming up with the with the theory as to why the policeman has he doesn't have to know the motive of why a qualm ain't put his hands down or that he doesn't have to know that if the man goes for the gun his arms were broken and you said well we go the courts over here so i'm not going to move but i can get on that floor to this jolly and i promise you i can do what what the officer mason really said and that is he he attempted to roll up ok he was face down remember and he attempted to roll up and the gun was right here in his hand was still underneath him so he shot him two more around believe brittany do gun the african american policeman who would have shot wide said the same thing that she says she would have shot him when he was down no no  she was busy dealing with mis ok all right thank you all have the statement made by this police officer after his interview was turned off this gentleman said and we transcribed it and his name we don't care he says it didn't happen you said it  didn't have a gun we know we do well she said he didn't reach for the gun you didn't have his and he didn't try to she said he said he didn't have a gun if i did i meant to say he didn't reach for it he didn't have to go on out in his hand he was not posing a threat he she this young lady was taken to the police station later that evening and kept a four thirty in the morning not before which she had to be taken to the emergency room for treatment unlike the police who was given to sleep cycles before they give a statement she was kept at  soon the stated that she gave to the police was an audio statement and it was at about three or four o'clock in the morning how long she'd been there and she had been there all night since the time of the shooting they brought it from the emergency room and then they finished a statement of particularly interesting that point is that all of these witnesses were videoed and audiotape there's been examined line this alleged inconsistency between what you told  that and was shocked to hear it on an audio and the point i was getting to this is miraculously the one witness that we don't have an audio and a video of every other witness in this case we get an audio of video and a transcript yet this young lady coming back from the hospital who's kept there all night suddenly didn't get a video because the state police told us they forgot the press report you said she'd been the hospital before she gave the statement what kind of injuries did she suffer it was a mental trauma she was in shock she had blood all over and she was barely traumatized yana she was brought back a house of four thirty of them want to wish she was confronted with a scene that had been bleached clean and there after gave her deposition where she visual map presented no threat whatsoever and her entire effort was to get the police not to shoot him because he wasn't doing anything rome and he stood there with a look of shock on his face the entire time and as we pointed out a brief in the confined space that mr wilkes is talking about we've got three police officers with drawn fire off we've got to go we've got this gentleman with his hands up we've got he got a yelling girlfriend and we have each of the police yelling conflicting commands there's literally nothing this young man could do to avoid be in the heart of our shot are both akio as this case came out he's been told to keep his hands up and get on the ground being told stand still get your hands up keep on the ground if he doesn't get on the ground to get a dog on a medic dog comes on him and he reduce the drops his hands then as mr wilkes says hope it's in the sphere of the gun and he starts getting shot incredibly by the same police officer who released the dog neither of the other two police officers fired a shot and regardless of what counsel said both of those police officers said they did not see a gun on this gentleman not to the state police is but also says reenactment video done by the police officers both of which contradicted their original statements and if taken in a light most favorable to even the defense were physically impossible ones that could have been fired by this police police officer