Dane Scott Jr. had his hands up as if to surrender when he was shot in the back by Del City police Capt. Randy Trent Harrison, an eyewitness testified Wednesday in Oklahoma County District Court.
But three other prosecution eyewitnesses, including a Del City police major, testified that they did not see any attempt to surrender by Scott.
Harrison is facing a first-degree manslaughter charge in the death of Scott.
John Lockett, 17, testified that Scott was running and put his hands up before being shot.
Lockett was in a car with Scott, 18, on March 14, 2012, during a police chase that ended near SE 15 and Interstate 35 in Oklahoma City. Scott fled the vehicle and was disarmed of a handgun before being shot in the back by Harrison.
Lockett described Scott as being frantic, panicked and scared of Harrison during the pursuit before crashing the car.
Robert Berg, who was driving through the area the morning of the shooting, testified that he saw Scott flee but saw no attempt at surrender.
Neither did Kenneth Hodge, who was eating lunch in his vehicle when the incident occurred.
“All he was doing was trying to get away,” Hodge said. “He never turned towards him (Harrison) or anything.”
Del City police Maj. Steve Robinson, who fired a Taser that struck Scott about the same time he was shot, also testified that Scott never attempted surrender.
Robinson also said he thought his Taser had malfunctioned and only realized the sound he heard was a gunshot when Harrison told officers to take the handcuffs off Scott and give him medical attention.
Robinson testified that Scott did not appear to be threatening enough to justify firing a gun at him.
Also testifying Wednesday were truck driver Dave Wakefield and utility worker Eric Thomason.
Wakefield's tractor-trailer was struck by the car Scott was driving during the chase, and Thomason described the struggle between Harrison and Scott after the pursuit.
“They struggled for the gun, and he (Harrison) managed to hit his (Scott's) hand hard enough on the ground to make the gun slide away,” Thomason said.
“I felt like I was looking down the barrel of the gun they were struggling over,” he said. “I believe the kid was trying to shoot the officer.”
Thomason also testified that he attempted to tackle Scott as he ran by his pickup, and that Harrison fired shots toward him while attempting to wound Scott.
“I was aggravated from the initial fight and shots fired because the shots were fired in my direction,” he said.
Harrison, 48, has pleaded not guilty. He faces four years to life in prison if convicted. His trial is expected to continue through the week.