Page:Tenorio v Pitzer 10th Circuit.pdf/27

 Because everyone agrees that Officer Pitzer was inside the living room, it is fair to say that his chest was at least two feet into the living room. Next, I note that the district court found that Tenorio had taken two-and-a-half steps into the living room at an "average speed" toward Officer Pitzer as he yelled four times for Tenorio to drop the knife. Id. Because no one can stop mid-stride, this is the same as three steps. Even small steps at an average speed would stretch at least two feet each, so by the district court’s findings Tenorio conservatively was at least six feet into the room. Finally, by raising and extending his arm, it’s a fair estimate that Tenorio could have extended the point of the knife two feet in front of his body. Where does all that leave us? Even if Tenorio had stopped as he completed his third step—hardly a good gamble for officers concerned for their lives—quickly lifting his arm would in a split second have put the knife within six feet of Officer Pitzer’s chest, and even closer to his arms, which were extended pointing his gun. I cannot comprehend how that dire situation would not amount to probable cause of harm.

And, finally, addressing the fourth factor (the suspect's manifest intentions), the district court concluded that this factor did not support probable cause of harm because Officer Pitzer knew only that Tenorio had threatened himself and that Tenorio "did not raise the knife from his side or make threatening gestures or comments toward anyone." Appellant’s App. at 209. Again, this cannot be the standard. Even if Tenorio—clutching a 14