These court documents show one of the officers involved in the shooting was wearing glasses equipped with a video recorder. We also have a second-by-second transcript of what that recorder captured.
Police reports obtained by Action News paint a chilling picture of the shooting that left one person dead and two injured outside a Merced home. Officers arrived at the after receiving a 9-1-1 call about a man pointing a gun at people during a party. We now know one of the officers was wearing glasses, which recorded audio and video at the scene.
Tony Capozzi said, "I think the video in this case will be very important in determining whether or not the police acted in a proper manner."
The video has not been released, but a transcript of the recording shows the officers heard the sound of a gun being racked and then saw Kong Xiong turn toward them in the yard. Officer Eduardo Chavez says, "let me see your hands," twice, then Officer James Lodwick yells "get your hands up" before both officers start shooting. The bullets injured Xiong, who later admitted to pointing a gun toward the officers.
Two young men standing behind a fence were also hit. One of them, Vang Thao, died from his injuries. Thao's family plans to take legal action against the city, but ABC30 Legal Analyst Tony Capozzi says it may be difficult to find fault with the officers' actions.
Capozzi said, "The fact there was a gun seen there, a party going on, and from what I understand there may have been some gang-related activity here, I think it would hard to overcome the police officers belief that their lives were in danger."
But an attorney for Thao's family tells Action News the officers fired too many shots in the presence of too many innocent people. These documents show three children were in the house at the time, including a three year old. The reports also reveal the suspect, Kong Xiong, is the victim's nephew. Still, police say Xiong is the only one to blame for his uncle's death.
Kong Xiong has pleaded not guilty to the three felony charges against him. Meanwhile, the attorney for the Thao family tells me he plans to file a wrongful death claim against the city as soon as Thursday.