Micetic and a female passenger were pulled over by Baker, who was driving an unmarked police car, on August 25, 2013 over Micetic’s vehicle having stolen plates. When Micetic pulled over, he exited the vehicle and a struggle ensued.
"Do as you're told. I don't want to use force… Do it until I figure out what's going on,” Baker is heard saying in the audio. "Put your hands behind your back. You've done this before.”
In the grainy dashcam footage, the two men are seen wrestling as Baker attempts to handcuff Micetic — before Micetic is seen falling to the ground. He then gets up, and the two men move out of range of the camera before shots are heard.
"What are you doing this for? You're going to get in trouble. You're going to lose your job,” Micetic later says in the audio.
"We wrestled and I saw the knife. I had the spray out, but it was too close to use. I had my gun out and yeah," Crown Prosecutor Andrew Tinney testified before the court, repeating what Baker told police.
Tinney further testified, however, that Baker’s story about the knife was a “fabrication” and that there is no indication that Micetic had possession of a knife.
"During the entire time Mr Micetic was in view [of the camera]… There was nothing to indicate that [Mr Micetic] reached his hand into his pocket or any other part of clothing. At no time could he be seen to be in possession of a knife," Tinney told the court.
"At no time before shooting did the accused say anything about the deceased's possession of a knife."
Tinney continued on to testify that the sound of a knife being opened can be heard 15 seconds after the gunshots were fired.