The attorney for the family of 28-year-old Robert Brown says the officer's own body-worn camera shows the shooting was not justified and that the officer ignored standard policing protocols.
"He does not say that we are in pursuit, that's a violation of policy," attorney Brad Gage said. "He does not wait for backup; he doesn't even call for backup. His tactics are atrocious, they violate the rules, they violate the state of California guidelines of how to have proper police procedures."
Gage and the Brown family are also accusing the officer of targeting Brown because he was biracial.
"Due to him being racially profiled he's met his death," Brown's sister Victoria Brown said.
While Brown did have a criminal history, at the time of the shooting he was driving a car registered to his father, who does not have a criminal record.
"He didn't deserve to die like that. He didn't deserve to die. He ran, so what? To shoot him in his back?" his father Willie Brown said.
Brown's family described him as a loving father to a 6-year-old boy.
"I just want everyone to know how much he was loved... I loved him," his father said.
The incident happened back on Dec. 12, 2023 around 6:45 a.m.
According to a video statement released by the San Bernardino Police Department, Brown was pulled over for a traffic violation but fled from the officer as he approached. Brown then led the motor officer on a pursuit through the streets of San Bernardino. A foot pursuit followed with the officer chasing after Brown toward a group of homes.
"He continued to run through a side fence, however, lost his footing and a handgun that he was carrying fell to the ground. Instead of just fleeing, the suspect scrambled to arm himself again," said San Bernardino investigators during a critical incident video statement released on Dec. 27, 2023.
But Gage believes the gun found by investigators did not belong to Brown.
"If they could see a gun they would know where it was. They wouldn't have to spend hours looking for it," he explained.
The San Bernardino Police Department said the investigation is ongoing and won't comment further.