Page:Tenorio v Pitzer 10th Circuit.pdf/20

 interpretation. As adequate support for the jury’s excessive-force finding, we relied on the coroner’s testimony about Zuchel’s arm position when shot (arm across chest) "along with the evidence recited above . . . ." Zuchel II, 997 F.2d at 736 (emphasis added). If the bulk of the recited evidence was irrelevant, this would be a strange way for the Zuchel II court to say so.

In addition, if the majority is correct that the only relevant facts in our case are whether Tenorio charged the officers and slashed or stabbed with his knife, I would have expected to see that minority-of-circumstances approach applied in later cases involving an officer’s fatal shooting of a knife-wielding man. But in Estate of Larsen, 511 F.3d at 1260, which we decided three years after Walker, the court did just the opposite. There, applying an objective-reasonableness standard, the court again applied a broad analytical framework and compiled a list of non-exclusive factors based, in part, on Walker and Zuchel I: "(1) whether the officers ordered the suspect to drop his weapon, and the suspect's compliance with police commands; (2) whether any hostile motions were made with the weapon towards the officers; (3) the distance separating the officers and the 7