The video involves 23-year-old Noel Aguilar, who was fatally shot during a struggle with two deputies in Long Beach, California, in 2014.
Deputies Jose Ruiz and Albert Murad had been trying to disarm Aguilar who was under the influence of methamphetamine, according to the initial report by the Los Angeles County District Attorney’s office.
According to Guizar, the new video, which was not previously presented to the District Attorney’s office during the initial investigation, shows Deputy Ruiz shooting Aguilar as he raised his hands above his head.
“You don’t shoot a person with their hands in front of them, if you don’t see a gun in their hand,” Guizar told ABC 7.
Guizar wants both deputies criminally charged, and has given the video to the FBI and the DA. A spokesperson for the DA had originally told ABC 7 that prosecutors would review the case if new evidence arose.
The DA’s initial investigation, using cell phone footage of the shooting, concluded that reasonable force was used during the incident.
Deputies were trying to wrestle a gun from Aguilar’s waistband, according to the DA report. Ruiz fired at Aguilar, but the bullet hit his partner instead. Moments later, Aguilar fired three rounds into Ruiz’s back.
There was “confusion and miscommunication” during the incident, according to the report.
