The family of a man who was fatally shot during a struggle with two Los Angeles County sheriff's deputies is now asking for criminal charges to be filed after a new video surfaced, which shows the deadly altercation last year in Long Beach.
An attorney for Noel Aguilar's family alleged that the video shows one of the deputies planting a weapon on the ground near Aguilar before the 23-year-old man was killed. The video then allegedly shows the same officer pulling out another gun to fire at Aguilar.
The sheriff's department alleges the deputies shot Aguilar after he tried to grab one of their guns. They also alleged Aguilar had a loaded weapon.
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One of the officer's was shot in the stomach during the struggle. It was later found that the deputy was shot by his partner's gun.
Attorneys for Aguilar's family allege the cellphone video shows deputies murdering Aguilar with him face down and the deputies on top of him.
The deputies continued to restrain Aguilar for several minutes before paramedics arrived at the scene.
"If you're shot, and you're dying, when he says he's dying, instead of getting away from him and turning him around, he's shot in handcuffs for crying out loud. He puts all his weight on top of him," attorney Humberto Guizar said.
The attorney's said the video, recorded on a cellphone, was anonymously dropped off at the attorney's office two months ago.
Aguilar's fiance Mary Herrera, and his mother, were emotional as they watched the video.
Herrera was pregnant with Aguilar's now 1-year-old daughter when he was killed.
"He wasn't committing any crime. He was complying with them. He wasn't posing any threat to them. And it just breaks my heart to see that and one day my daughter is going to have to see that," Herrera said.
Aguilar's attorneys said they hand-delivered the cellphone video to the Los Angeles County District Attorney's Office but they said via email on Friday that they have not received any new evidence in the case.