MERCED, Calif. (KFSN) -- The district attorney's office filed two felony counts of resisting police against 39-year-old William Colbert.
This comes months after officers arrested him at this am-pm store over a disagreement with the clerk.
Clerk : I'm scared. He pulled a gun on me.
Operator: He did have a gun?
Clerk : Yeah, he had a gun.
Attorneys released the 911 call. In the call, you can hear the store clerk tell dispatchers that Colbert pulled a gun on him.
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Investigators say he allegedly threatened the store clerk after his card was declined. The employee believed Colbert went to retrieve a weapon.
Action News spoke to Colbert in April, who says he was going to his car to get his phone.
He claims he was not resisting, but yet, was still getting abused by officers.
His attorney, Emily Chrim, says she requested evidence, including the 911 call back in June, but never received it.
"I'm shocked that 911 call was released to the public when I requested it two weeks ago and it hasn't even and it hasn't even been released to me yet," said Chrim.
But Chrim says there are discrepancies in the emergency call, stating that the store clerk continues to change his story.
"It seems like the clerk doesn't know what's going on, or is just making it up. He's calling because he's upset because Mr. Colbert is asking for a refund," said Chrim.
District attorneys claim officers took Colbert to the hospital for his injuries, and that he quote "continued to be confrontational and verbally abusive, hurling racial insults at the officers on the scene."
However, Chrim says hospital documents state he was level-headed.
She believes attorneys released the call as a form of retaliation against Colbert and they plan to move forward with the lawsuit.