Krause v. County Of Mohave
459 F.Supp.3d 1258 (2020)
Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
D’s deputies responded to the 911 call of Ms. Farris. Earlier that evening while calling for her cats outside her trailer, Farris heard a male voice coming from the direction of the neighboring Krause residence. Shortly thereafter, a gunshot, seemingly fired from the same location, impacted the gravel driveway not far behind her. Farris called 911. The deputies took Farris' report, and approached the Krause residence. Drey Krause and his mother were inside. The deputies walked up the driveway together then took separate positions near the entryway. A Deputy knocked and announced: 'Sherriff's office.' There was no answer. He knocked and announced a second time, backing away from the door immediately thereafter. Shotgun in hand, Drey Krause began to open the door. As the door opened, a shotgun barrel, pointing generally downward, protruded from the entryway. Continuing his backward retreat, a deputy at least twice, ordered Krause to drop his weapon. Drey exited the trailer and, now gripping the shotgun with both hands, began to raise the barrel to ninety degrees as he moved toward a deputy. Seeing the shotgun rise and point in his direction, the depute engaged and fired three shots. Two bullets found their mark and Drey later died of his wounds. P moved to preclude Ds' expert James Tavernetti from testifying at trial and to exclude his animations and drawings from consideration. (Ds seek exclusion of testimony by P's police practices expert, David. M. Lauck, on both procedural and substantive grounds).
Issues
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Holding & Decision
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Legal Analysis
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