The tape taken from a cop cam began as two officers entered the restroom of an Applebee's restaurant.
They're looking for a guy with a black T-shirt and tan shorts who allegedly took a case of beer from a nearby Walmart. They found him in the restroom.
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One of the cops said, “I need you to step out, please. Don't act dumb for me. You're on video.”
As they lead the suspect out, one cop spotted utensils on a table and pushed them out of the way.
INSIDE EDITION’s Megan Alexander showed the video to former New York City Police Commissioner Bernie Kerik.
“The officer just pushed away the silverware. Why did he do that?” asked Alexander.
“It appears to be a steak knife. That's really a good observation for a cop. He sees this, he moves it aside. A lot of guys may miss that,” said Kerik.
They all leave the restaurant, and the police demand to see an ID.
"Gun! Gun! Gun!" yelled a woman. The cop spun the suspect. They fired.
It's a shocking moment that happened in the blink of an eye.
Kerik said, “The male officer grabs him, starts to spin him, he's trying to control him. And as he's spinning, here you see the cylinder of the gun.”
Kerick said, “He continues to come up with the gun in hand toward the officer, at which time the officer will open fire.”
At least eight shots were fired.
“Is it necessary to shoot that many times?” asked Alexander.
Kerick said, “At that point, it was completely justifiable deadly force. They both felt that there was a deadly confrontation against them and they both opened fire. Their focus is to stop him,” he said.
As the female officer administered CPR, she breathlessly explained what happened.
“He looked like he was about to run. I got in front of him,” he said.
“[He] turned and pulled the gun, that was it.”
The suspect was dead before he reached the hospital. His weapon turned out to be a BB gun. Kerick said it could have fooled anyone.
“They don't know what kind of gun this is. By the looks of it, to me, watching the video, I thought it was a semi-automatic,” he said.
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“What he's doing with a BB gun, I don't know. A lot of times people use these types of weapons to commit armed robberies,” he said.
After reviewing the footage, a grand jury determined it was justifiable use of force. The officers were cleared.
“This is a very clear demonstration of why cameras are necessary,” Kerik said.
“Nobody understands what it's like to be put in a situation where you have a split second to act and it could be your life, or theirs,” he said.
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