if he was carrying a firearm. Mr. St. John replied that he was, whereupon Officer McColley instructed Mr. St. John "to keep your hands where I can see them." McColley Depo. 10:18-10:20. Officer McColley told Mr. St. John that he needed to accompany Defendants out of the theater. After Mr. St. John stood up, Officer McColley removed Mr. St. John from the Theater in an escort hold,[2] securing Mr. St. John's left arm. According to Officer McColley, one of the other three Defendants may have secured Mr. St. John's right arm as he was led out of the Theater. McColley Depo. 15:10-15:13.
Once outside, Officer McColley continued to restrain Mr. St. John's left arm while Defendants removed the gun from Mr. St. John's holster, removed the gun's magazine andcleared a chambered bullet. Defendants then instructed Mr. St. John to place his hands on a nearby wall and proceeded to pat him down. No contraband or additional weapons were found on Mr. St. John and a police database check revealed that he possessed the gun lawfully.
Having taken the weapon, Officer McColley informed Mr. St. John that he could return to the movie if he left the gun in his truck. Mr. St. John agreed and led officers to his truck, where they placed the unloaded gun. Mr. St. John reloaded and recocked the weapon before leaving it in the truck and returning to the Theater for the remainder of the movie. Throughout the incident, which Mr. St. John estimates took approximately thirty minutes, St. John Depo. 118:22,