Ford said this seemed contrary to the officer's earlier description of Williams. The attorney pointed out that in Birk's "use of force" statement — required of officers after they use force in the performance of their duties — Birk said Williams was "oblivious" and showed "complete disregard" to the fact that he was crossing the intersection in front of the officer's patrol car.
Ford read from Birk's statement to investigators and played the radio call the officer made immediately after shooting Williams. Ford points out that in both instances Birk reported the "subject wouldn't drop the knife," but did not mention being fearful of an impending attack.
Ford also asked Birk whether he was trained in de-escalating tense situations. Birk said he was and that he had successfully used the techniques in the past.
Ford again played the dash-cam video and audio from Birk's patrol car in which Birk can be heard yelling, "Hey, hey, hey," followed by three commands to "Put down the knife."
Ford then asked if Birk could point out "the places where you are not trying to be overbearing and intimidating?"
Ford asked Birk to demonstrate the "aggressive" move he said Williams made toward him before the shooting. The officer made a half turn with a pen in his hand to simulate the knife Williams held.
Ford asked Birk if he continued to move toward Williams after he ordered him to drop the knife. Birk said he did not.
Ford then showed the dash-cam video that shows Birk's shadow moving toward Williams after he began yelling at Williams to put the knife down.
Birk also testified that he was surprised to find that Williams' knife was closed after the shooting.
Birk said that after he shot Williams, the officer put his foot on the closed knife near Williams' body because he knew it was important evidence and for "officer safety."
"Did you think, 'My God, the knife is closed?' " asked Ford.
"It did surprise me having just seen Mr. Williams with the knife in his hand," said Birk.
