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12.17.2007

TS - 09/13/2006 'I was scared' - Officers who fired fatal shots testify

TS 'I was scared' - Officers who fired fatal shots testify
link 09/13/2006

EUREKA - The first police officer into Cheri Lyn Moore's apartment testified Wednesday at the coroner's inquest into her death that he began firing when she turned to point a flare gun at him because, “I was scared.”

The two officers who fired the fatal shots, another officer who entered with them and the forensic pathologist who performed her autopsy took the stand during the afternoon session of the rarely used proceeding.

Later, 11 jurors will determine Moore's cause of death based on testimony. Officer Rocky Harpham, who now works in Texas, described how after receiving a signal to enter the apartment he moved in first and saw Moore in the far corner of the room.

“She turned toward me and had a sort of surprised look,” he said.

The plan was to enter when she put down her flare gun and detain her before she could re-arm, each officer testified.

Harpham said she picked up her weapon and turned toward him.

“She was trying to point it at me,” he said. “At that point I began firing.”

Sgt. Michael Johnson testified Moore had the flare gun in her hand when she came into his view and turned toward him. He also described her as “surprised,” saying that changed to a focused look as she moved to point the gun.

“I continued to fire three to five shots until I felt she wasn't a threat to me anymore,” he said. “Until I knew I was safe.”

Harpham and Johnson said the SWAT team decided not to bring in ballistic shields because their plan depended on the element of surprise and the need to move quickly. Johnson said the team discussed flare guns and whether they should be considered lethal weapons.

Susan Comfort, the forensic pathologist who conducted the autopsy, said Moore suffered nine wounds five from a rifle and four from a shotgun. She said the cause of death was “multiple gunshot wounds."

Article Launched: 09/13/2006 05:30:00 PM PDT

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