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Stockley had been warned by [his partner] Bianchi that Smith had a gun, Stockley approached the driver's side, appeared to attempt to open the door and, as testified to by the State's own witnesses, ordered Smith to open the door and to show his hands.'Stockley also warned another officer to "watch his hands".

It was not until 15 seconds after Stockley arrived at the driver's side door, that he unholstered his service revolver and fired several shots in succession,' he wrote. All three downtown courthouses, including the federal courthouse, were closed Friday and some St.

Bruntrager said Stockley fired only after Smith refused commands to put up his hands and reached along the seat toward an area where a gun was found. Testing found Stockley's DNA on the gun, but not Smith's. He resigned in 2013, about two years after the shooting, and moved to Houston.

'People say all kinds of things in the heat of the moment or while in stressful situations, and whether Stockley's statement that 'we're killing this motherf*****,' which can be ambiguous depending on the context, constituted a real threat of action or was a means of releasing tension has to be judged by his subsequent conduct.