The family of Deravis Caine Rogers has said that police video shows he did not try to run over a police officer before the officer shot and killed him in 2016. Attorneys for Rogers' family released the dashcam video from the night of June 22, 2016 after obtaining it through a wrongful death lawsuit they filed, WXIA-TV reported.
The officer who shot Rogers, James Burns, previously said he fired on Rogers' car because he thought he was going to run him over. But the dash cam footage appears to show Rogers' car swerve to avoid Burns' car before a gunshot is heard.
Authorities say Rogers was killed after Burns shot him in the head through the passenger window while Rogers' car was still moving. Burns was responding as back-up to reports of someone stealing cars along Monroe Drive, but Rogers was in his own car, unarmed and not involved in the alleged crimes when he was shot.
"What happened was James Burns made assumptions as Mr. Rogers was driving away that he was involved in something that the evidence strongly suggests he wasn't," Shean Williams, an attorney for Rogers' family, said Tuesday during a press conference.
Burns was indicted and charged with felony murder months after the incident in 2016, and an internal affairs investigation found Rogers hadn't tried to run the officer over. The charges against Burns were later dropped. Burns was re-indicted in 2018 and charged with felony murder, aggravated assault with a deadly weapon and violation of oath of a public officer, WXIA-TV reported.
"Today’s murder re-indictment against James Burns is further proof that the Fulton County District Attorney’s Office is fully committed to the complete prosecution of this case," the district attorney's office said in a statement at the time of the 2018 indictment. "We just want to make sure justice is served."
Burns' attorney, Drew Findling, called the case against his client "constitutionally flawed" in a statement to WXIA-TV following the 2018 indictment.
"The last indictment was dismissed because it was constitutionally flawed, and the case continues to be constitutionally flawed," Findling told the station at the time. "We will continue to fight for Mr Burns constitutional rights as well as to continue to advocate for his innocence."
The case continues to make its way through the legal system, more than four years after Rogers' death. Burns has pleaded not guilty.
Findling did not respond to Inside Edition Digital's request for comment Wednesday.