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Scott Family Lawyer: Video Doesn't Prove Shooting Justified

Hillary Clinton called for the video release and said she'll visit Charlotte on Sunday

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    Members of the North Carolina National Guard speak with residents and visitors in Uptown Charlotte on Sept. 22, 2016, in Charlotte, North Carolina.

    An attorney for the family of the black man shot by Charlotte police says newly released video recorded by the victim's wife does not prove whether the shooting was justified. 

    Instead, Justin Bamberg tells The New York Times, the video shows "another vantage point" of the incident, in which 43-year-old Keith Lamont Scott was fatally shot. Bamberg says he hopes Charlotte police release their own videos of the shooting. They've so far refused to do so. Police Chief Kerr Putney said there's at least one video from a body camera and one from a dashboard camera. 

    The police video could resolve wildly different accounts of the shooting. 

    Police have said Scott refused repeated commands to drop a gun; residents say he was unarmed. It's unclear from the video shot by Scott's wife whether he had a weapon.

    Exclusive Video: Deadly Charlotte Police Shooting

    [NATL] Exclusive Video: Deadly Charlotte Police Shooting
    Footage obtained by NBC News shows the moments leading up to the fatal police shooting of Keith Lamont Scott in Charlotte, North Carolina. (Published Friday, Sept. 23, 2016)

    Video of a deadly encounter shows Scott's wife repeatedly telling officers he is not armed and pleading with them not to shoot her husband as they shout at him to drop a gun. 

    The video, posted Friday by The New York Times and NBC News, does not show clearly whether Scott had a gun. Police have said he was armed, but witnesses say he held only a book. The 2 ½-minute video does not show the shooting, though gunshots can be heard. 

    Scott's wife tells officers that he has a traumatic brain injury. At one point, she tells her husband to get out of the car so police don't break the windows. She further tells him, "don't do it," but it's not clear exactly what she means. 

    As the encounter escalates, she repeatedly tells police, "You better not shoot him." 

    After the gunshots, Scott can be seen lying face-down on the ground while his wife says "he better live." She continues recording and asks if an ambulance has been called. The officers stand over Scott. It is not clear if they are checking him for weapons or attempting to give first aid. 

    In the footage, Scott's wife states the address and says, "These are the police officers that shot my husband." 

    Representatives for the police department and the mayor's office did not immediately return emails from The Associated Press seeking comment. 

    The video emerged after a third night of protests over the shooting gave way to quiet streets as a curfew enacted by the city's mayor ended early Friday. 

    Sean Rayford/Getty Images

    The largely peaceful Thursday night demonstrations in the city's business district were watched over by rifle-toting members of the National Guard. 

    Protesters called on police to release video that could resolve wildly different accounts of the shooting earlier this week. Charlotte-Mecklenburg Police Chief Kerr Putney said Friday that there is footage from at least one police body camera and one dashboard camera. 

    The family of Scott, 43, was shown the footage Thursday and demanded that police release it to the public. The video recorded by Scott's wife had not been previously released. 

    Demonstrators chanted "release the tape" and "we want the tape" Thursday while briefly blocking an intersection near Bank of America headquarters and later climbing the steps to the door of the city government center. Later, several dozen demonstrators walked onto an interstate highway through the city, but they were pushed back by police in riot gear. 

    Charlotte is the latest U.S. city to be shaken by protests and recriminations over the death of a black man at the hands of police, a list that includes Baltimore, Milwaukee, Chicago, New York and Ferguson, Missouri. In Tulsa, Oklahoma, on Thursday, prosecutors charged a white officer with manslaughter for killing an unarmed black man on a city street last week. 

    Thursday's protests in Charlotte lacked the violence and property damage of previous nights, and the curfew encouraged a stopping point. Local officers' ranks were augmented by Guard members carrying rifles and guarding office buildings against the threat of property damage. 

    Charlotte Mayor Jennifer Roberts signed documents Thursday night to be in effect from midnight until 6 a.m. each day that the state of emergency declared by the governor continues. 

    After the curfew took effect, police allowed the crowd of demonstrators to thin without forcing them off the street. Police Capt. Mike Campagna told reporters that officers would not seek to arrest curfew violators as long as they were peaceful. 

    So far, police have resisted releasing the footage of Scott's death. Putney said Friday that releasing it could inflame the situation. He has said previously that the video will be made public when he believes there is a "compelling reason" to do so. 

    "It's a personal struggle, but I have to do what I think is best for my community," Putney said. 

    During the same news conference, Roberts said she believes the video should be released, but "the question is on the timing." 

    Earlier in the week, the Charlotte protests turned violent, with demonstrators attacking reporters and others, setting fires and smashing windows of hotels, office buildings and restaurants. 

    Forty-four people were arrested after Wednesday's protests, and one protester who was shot died at the hospital Thursday. City officials said police did not shoot 26-year-old Justin Carr. A suspect was arrested, but police provided few details. 

    Police have said Scott was shot to death Tuesday by a black officer after he disregarded repeated warnings to drop his gun. Neighbors have said he was holding only a book. The police chief said a gun was found next to the dead man, and there was no book. 

    Putney said he has seen the video and it does not contain "absolute, definitive evidence that would confirm that a person was pointing a gun." But he added: "When taken in the totality of all the other evidence, it supports what we said." 

    Justin Bamberg, an attorney for Scott's family, watched the video with the slain man's relatives. He said that in the video, Scott gets out of his vehicle calmly. 

    "While police did give him several commands, he did not aggressively approach them or raise his hands at members of law enforcement at any time. It is impossible to discern from the videos what, if anything, Mr. Scott is holding in his hands," Bamberg said in a statement. 

    Scott was shot as he walked slowly backward with his hands by his side, Bamberg said. 

    The chorus of voices calling on officials to release video of the shooting grew Friday, with Democratic presidential candidate Hillary Clinton and North Carolina's attorney general pressing for the public release. On Friday, a Clinton aide announced that the Democratic candidate would be making a stop in Charlotte on Sunday. But Charlotte's mayor pushed back, asking Clinton to give the city more time to calm down. Clinton said she intends to visit Charlotte the following week instead.