Page:Tenorio v Pitzer 10th Circuit.pdf/23

 god." Right before the officers arrived, Ms. Valdez said, "I’m outside and she's yelling." Appellant's App. at 65–66, 71, 204. The 911 operator relayed this information to the police dispatcher, who broadcast that Ms. Valdez had called about her brother-in-law Tenorio's placing a knife to his throat. The dispatcher further advised the officers that Tenorio "has been violent in the past" (a mistaken characterization) and "takes meds for seizures." Additionally, the dispatcher advised that Tenorio was in the kitchen "[waving] the knife around" but that no injuries had been reported. Finally, the dispatcher advised that Tenorio's wife and Valdez were in the living room, and that Tenorio and his brother were in the kitchen. Appellant's App. at 73–74, 204–05. At about 8:03, the officers arrived and parked down the street. Within a minute or so, the officers spoke to Ms. Valdez, who clearly appeared frightened. On Pitzer's belt recorder, Ms. Valdez is heard saying, "He's got a knife. He’s been drinking . . . ." Appellant’s App. at 205. No officer asked if Tenorio had taken hostages, and the district court found that Officer Pitzer, lacking any crisis-intervention training, "immediately" announced "going lethal." Then, without announcing their presence as police officers, the officers lined up and entered the home through the open front door. Although Officer Moore was in charge, Officer Pitzer was first in line, followed by Officer Moore with a Taser, Officer Liccione with a handgun drawn, and Officer Hernandez with a shotgun loaded with beanbag rounds. Appellant's App. at 205–06. The home's doorway sits directly across from the kitchen door through a furnished living room measuring 16 by 14 feet. When the officers entered, a lamp was on. The officers heard no raised voices or other sounds suggesting a disturbance. When Officer Pitzer saw Mrs. Tenorio through the kitchen doorway, he called out to her, "Ma'am, please step out here. Let me see your hands, okay?" As she came forward into the living room, she said to someone behind her, "Russell, put that down." She entered the living room with her hands up and her palms facing the officers. Behind her came Tenorio with a "blank stare," carrying a santoku-style kitchen knife with a 3 1/4 inch sheepsfoot blade. Tenorio’s brother-in-law followed him into the living room. Officer Hernandez "hustle[d] [Mrs. Tenorio] out the front door." Appellant’s App. at 206–07. 

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