Protest in Oakland over officer-involved death of Sahleem Tindle

OAKLAND, Calif. (KGO) -- Dozens gathered in front of the West Oakland BART station to demand justice for the shooting death of Sahleem Tindle, killed by a BART officer in early January. The actual shooting was captured on the officer's body camera. The family has seen it and says that Tindle was not holding a gun as Oakland police have said.

"My brother puts his hands up and he turned around, he had his back turned, said LaRon Mayfield.

Mayfield has seen the body cam video that shows his brother being shot in the back by a BART officer.

VIDEO: Family of man fatally shot by Oakland BART officer wants to file charges

Sahleem Tindle was killed on January 3 by a BART officer. The family has reviewed the body cam of the officer and are now asking the District Attorney to file criminal charges against the officer.

The incident occurred on Jan. 3. The BART officer reported hearing a gunshot outside of the West Oakland station. When he ran across the street, he saw two men fighting. One of them had been shot in the leg.

His mother told ABC7 news the officer never identified himself before he shot her son.

"When you are in the heat of the moment of a confrontation between two men and you say 'police', then it makes a difference," said Yolanda Banks Reed during an exclusive interview with ABC7 news reporter Lyanne Melendez.

A weapon was recovered at the scene but it's not clear who it belonged to.

What is clear, according to the family is that Tindle was not holding a gun when he was shot, as police initially reported.

At today's rally, the family and friends came together to demand that Oakland police release the video.

Civil rights attorney, John Burris says he too has seen the video.

"The officer says, 'show me your hands, show me your hands' and within moments, he starts shooting and shoots Sahleem in the back, bang, bang, bang. He could not have seen a weapon of any kind," Burris told a crowd gathered outside the West Oakland BART station.

Tuesday, BART police issued a statement to say that "the BART Police Department is fully cooperating with OPD."

BART also said it would not release the video until after the investigation is done.

Burris said the District Attorney has enough evidence to prosecute BART officer, Joseph Mateu, Burris.

"You might call it reckless, it was deliberate and so it should be prosecuted, as to what level of prosecution, that's up to the D.A., but I would certainly start with murder," explained Burris.

On Tuesday, Burris filed a civil claim against the BART police department.

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