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lirs., Rogers stutes thct she identified “iller lc or 15 feet fro. the door of epertuent 211 enproxinatel;y sixt: feet avey fron tnere sne Wes in the xitchenette. «gent Notesteen, however, states that because of the dimess of the licsht in the corridor it wes impossible to identify uiller et thet distance end thet he wes only eble to neke the identification vhen itiller wes approximately trelve feet avey from him ong this tes just abcut at the spot there Miller turned left in the corrider to enter the elevator foyer so that vhen tre sigmmal tas given by Ketestee: cid the fgents and police officers emerged from the door of epart- ment 207 Hiller hed alreaay cntered the foyer end instead of going to the elevator, had turned imzediatel; to the left and entered the stairway, which is et the outer entrence to the foyer, the elevator being on the other side end further com the foyer. The plan, «s stated by Agent J. J. Keating, was thet they snoula trie iiiller in the elevctor foyer. It is not steted why they aid not enticipate the possibility of siller's turning down the steirvey et the outer cntrence to the foyer. It is stated that iiller cpoarently heard sowe noises emenuting from roou 207 as he approached aid passed thet point, wccause he ¢cuickenéd his pace ond by the tine the agents were out in the hell he had disappeared. «Agent Nichals states he heard Wecale say "There he is" ct tie sane tine opening the door of the apartment, that chezd of égent Nichols were Sergecnts Freenuth, Curtin end hempster cnc agent J. J. Heating; thet cs they reached the stiirvay Sergeant Freenuth opened tie coor to the steirway end proceeded very slovly, at least it seesied slor ¢ iichols; th:.t Preemuth was aheac of hin end he could not get by; thet és they reéched the lobby they sav é man in a brown suit at the dess with his back to then; that they weiked over te this man, incuired of his nane but when he turaed around they imnediately recognised thut it was not iiller and proceeded to the doorway. Nichols stctes he sort of pushed Sercecnt Freeauth towerds tee Galt «venue entrance; thet he wes kine of held bacx through reason ef Freenuth's being in the front but at any rate he, Bichols, rao out of the doorvay and sat Liiller in the car; tht he yelled to his: to stop, that es he yellea he wes running @long t:é wernvey; that the second tine he yelled tiller grabbed 4 gum frou his pocket unc fired tvo shots directly at hin; that at this point Nichols dropped to his mee end fired one shot but before he could fire cnother shot he hed to nove into the street. There was sone delay here beceuse Serge;nt Freenuth was imiediately behind him <nd he hed to keep out of the line of fire from Freenuth's mechine gun and from the machine gum of Sergeint Kempster. Nichols stutes the reason he held his fire wes that he was not sure thet the men wes Hiller and he feit thet he should give hin ea chance to stop and surrender. Nichols further stctes that in his opinion if Sergeant Freemuth hed moved fester they could have teken iiiller before he entered the car; further, thet Sercseznt Freesuth withheld his fire too long es three or four seconds elcpsed between the tine tht iiiller fired et hiz, Nichols, and the time that Freemth opened fire.