Attorneys released graphic footage of a police officer shooting a man 11 times outside a suburban home -- one day after the officer was cleared of wrongdoing. The suspect died and the officer who shot him is back on active duty.
Ernesto Duenez Jr., 34, was wanted in connection with a domestic violence incident the day officers tracked him down on June 8, 2011. Duenez's attorneys showed the final graphic moments of their client's life on Wednesday at a press conference in Oakland, Calif., the Manteca Bulletin reports.
The video shows police waiting for Duenez to arrive at his home so they could arrest him on domestic violence charges. When he arrives in his pickup truck, police swarm around him.
As Duenez climbs over the passenger seat and opens a door, Manteca police officer James Moody approaches the vehicle with his gun drawn.
Police have argued that officer Moody saw a knife in the suspect's right hand and feared he might throw it at him or charge at him with it. "Drop the knife now!" Moody can be heard shouting in the video. "Hands up! Hand up Ernie! Don't you move, Ernie, don't you move or I'll shoot you."
From the Bulletin:
The question centers on whether Duenez in fact had a knife in his possession when he attempted to climb out of the vehicle.
In one photo Fredericks concludes that Duenez in fact has a knife in his hand while in a separate photo declares that its “an object shaped consistent with a knife” – something that the family’s legal counsel sees as an attempt to justify an action that ended the life of Duenez.
In a flash, the officer is seen in the video firing 13 rounds in 4.2 seconds as Duenez moves to exit the vehicle. The suspect was shot 11 times; once in the head, eight times in the body and twice in the extremities. Four of the shots were fired while he was already on the ground. He died of gunshots wounds to his chest and abdomen, according to officials.
In the disturbing video, a bullet wound is visible in Duenez's back as he rolls over on the ground, grabbing his chest.
Then his wife, Whitney Duenez, comes rushing out of the home, hollering at the police officer who just shot her husband. She ignores the officer's order to say back and cries over her husband's body.
It was later discovered that Duenez's foot was caught in the seat belt.
Watch the graphic footage of the shooting below (CONTENT WARNING!):
Duenez's family is now seeking "retribution."
“We have communicated to the Department of Justice that this man (Moody) should be prosecuted for murder,” attorney John Burris said. “From our point of view this officer has been fully protected by numerous law enforcement communities."
He continued: "The Police Department ratified this conduct on the very first day as justifiable and the District Attorney’s office has come back as well and justified this conduct and retained an expert that raises real questions about his integrity and his independence in making certain assumptions."
Burris said the officer should be "held accountable just like anyone else would be held accountable when they engage in this kind of barbaric conduct."
Gabe Duenez said the cop murdered his brother in "cold blood." He says he and others in the community see the officer that pulled the trigger as a threat to the community.
“We want to keep our city safe and we don’t feel that it is with him out there," he added.
(H/T: The Daily Mail)