Dash cam video raises questions about officer-involved shooting

Published: Nov. 4, 2015 at 6:40 PM CST|Updated: Nov. 11, 2015 at 6:56 PM CST
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BIRMINGHAM, AL (WBRC) - Dash cam video from a Birmingham police car is raising questions about the attempted murder charges against a man accused of pointing a gun at two Birmingham police officers in April 2014.

Prosecutors say Aubrey Williams pointed a pistol at the officers when they approached him in an alley on April 24, 2014.

But Williams' attorney, Emory Anthony, says the dash cam video of the encounter doesn't show Williams pointing a gun at either of the officers. Anthony requested in court last week that the charges be dismissed, saying the video contradicts the officers' statements.

The source for the dash cam video below is AL.com on YouTube:

If you cannot see a video player above, you can watch the video at this link.

When the video starts, Williams is seen on the ground on his hands and knees and officer Daniel Aguirre comes to him and pushes him down further, then fires two shots.

Williams' attorney says his client had a gun inside of a paper bag. That bag is visible in the video but it is hard to see what Williams is doing with the bag, if anything. Anthony says Williams told police the gun was in the bag before the shooting.

Last Thursday, prosecutors argued that the video isn't the only evidence they have in the case and just because it shows the shooting doesn't mean the charges should be dismissed.

In the end, Judge Bill Cole agreed with prosecutors on the legal statute and also said it was hard to tell from the video what exactly goes on with the gun and decided to not dismiss the charges, saying instead a jury should make the final decision.

"They know they don't have a case," Anthony said on Thursday. "They know this man didn't point a gun at two people. They know the police officers lied. Just do what's right. That's all you have to do. Forget about what Edward vs. State says. What does common legal sense say? And that's what we should deal with," Anthony added.

In May of this year, the Birmingham Police Department awarded Officer Aguirre with the Combat Cross Medal for his actions. Birmingham Police Lt. Sean Edwards said in a statement released on Tuesday night that the award has been rescinded until further review by the Awards Committee.

"The most important part of this encounter was there was no loss of life but the incident does underscore the dangers of police work," Edwards said.

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