Video shows moments leading up to deadly Midtown Atlanta officer-involved shooting
Attorney calls officer-involved shooting a misunderstanding
Attorneys for the family of an Atlanta man who was shot and killed by a police officer claim he did not know he had been confronted by law enforcement. Video obtained by the attorney and shared with FOX 5 shows the officer was in street clothes during the late October incident in Midtown Atlanta. The family claims the officer did not identify himself when the altercation began. A warning that the video may be hard to watch.
ATLANTA - Video shows the moments leading up to a deadly officer-involved shooting in Atlanta.
The shooting happened on Oct. 25 on West Peachtree Street at the 16th Street intersection in Midtown Atlanta.
The Georgia Bureau of Investigation said a plain-clothes Atlanta police officer shot 35-year-old James Wilborn during an incident the Atlanta Police Department called "road rage." Wilborn died at a hospital.
That officer apparently witnessed what appeared to be road rage. A woman had gone onto the hood of Wilborn's car and fell off of it after Wilborn attempted to drive off.
The GBI said the officer tried to stop Wilborn, who ignored commands. Wilborn and the officer got into a physical altercation, the GBI said, and the officer fired their weapon and wounded Wilborn.
His attorney, Minka Merritt claims the officer-involved fatal shooting was an unjustified misunderstanding.
There is a video showing when the officer confronted Wilborn apparently about what just happened. A single shot put Wilborn to the ground.
Merritt, says Wilborn had no weapon. He also says his client was the victim of what might have looked like typical road rage.
The attorney claims the incident started when an ex-girlfriend saw Wilborn sitting in his car beside a friend, another female.
Merritt claims Wilborn was "terrified". He adds that Wilborn had no idea the Atlanta officer was in fact law enforcement because he says the officer did not identify himself and issue commands.
James Wilborn (Family photo)
Vince Champion, who leads the police union, urges citizens to wait for all the information and potentially additional video evidence to be gathered.
For now, the officer is on leave and the GBI and the Fulton district attorney have been asked to conduct a review.
Atlanta Police Department officials said the officer is on leave during the investigation.