April 28, 2004

Update

Juror questions have come up next. First: Why didn't you ask for help from Officer Sery?

Macomber said that he was used to working alone, and the "physical emotions of getting into a fight" meant that the "thinking part of the brain" shuts down and you don't think about yelling for other people. The instinct of "fight or flight" doesn't include yelling for those around you, he says.

The next question(s): Was the vehicle pulled over due to a suspicion about its registration? What was the purpose?

Macomber said there was a traffic violation -- "a technical reason" -- about how soon or late on signals to make a turn.

Next question: Is it a policy to stop all traffic violations and checks for weapons, etc?

We couldn't make out the answer.

Juror question: Was the gun or Taser fired first?

Macomber heard three shots, and had stopped shooting before Macomber used the Taser.

Follow-up: Why did you use the Taser after he was shot?

Macomber said that he could still see movement in the car, and that at the time he still posed a threat.

Attorney question: Before encountering the vehicle, what were your goals that evening for that shift?

Macomber says he "generally" wants to "improve the livability of the neighborhood where I grew up." He says he likes living in that area, and improving livabilty includes rooting out crimes that both come from the area and come in from other parts of the City.

When you fired the Taser, how long did you fire it and was there a reaction in the driver's body?

The normal Taser cycle is 5-seconds, Macomber says, but you can override that. He says he didn't have the ability to time the length of the Taser use in his head due to the situation at the time. He felt that if he could do something to make himself and Sery safer, then that's what he wanted to do. He says that he believed he had seen "some jerking" consistent with Taser use.

How many of the darts actually made contact?

Macomber says one dart made contact, the other hit the seat.

Do you recall when you stopped the vehicle was there radio or music in the car?

Macomber says he did not hear anything like that.

Was the window put back down after it was rolled up?

No, says Macomber.

The vehicle you testified was different than others in the neighborhood. Could you describe what that means?

Macomber's list, partially: Luxury sedan. Chromes wheels. Window tinting.

Is there an automatic assumption that drugs would be involved when you see a vehicle in that area such as you described?

Macomber says it's not an assumption but the vehicle stood out.

Macomber then discussed various aspects of his training and supervision, including the Prism. This is an interactive video simulation which provides a training scenario involving the use of a firearm. This is the simulation the jurors will be put through at some point during this inquest.

Update

Did you have to move out of Sery's way so Sery could use his weapon?

Macomber says he does not know. He heard Sery telling him to move, but isn't sure.

Juror question: Talk about training regarding use of Taser over a gun?

We couldn't make out this answer.

Schrunk mistakenly thanked "Officer Sery" for testifying before dismissing Macomber.

Update

Jurors have been sent on a one-hour break. It sounded like they will then be taken to look at the Perez vehicle and then be taken to engage in the previously-mentioned Prism simulation which will be filmed and shown during tomorrow morning's session. But we might have missed an indication that there will be further in-courtroom proceedings this afternoon. We'll wait and see what other sources report on that.