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Family of man shot in back by Colorado Springs officer files lawsuit against department

The Disputed Body Cam Footage at the Center of a New Lawsuit
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COLORADO SPRINGS, Colo. (KOAA) — The family of Alex Martinez-Sarmiento, a 26-year-old shot and killed by a Colorado Springs police officer last July, has filed a lawsuit against the department.

An officer shot Martinez-Sarmiento in the back outside a downtown nightclub. Police were responding to a report of a man with a rifle.

Body camera video shows an officer pointing a weapon at Martinez-Sarmiento and telling him to put his hands up. The video shows him putting his hands up before running away. The officer then shot him in the back.

Watch our previous coverage from when the district attorney's office ruled the shooting justified

Shooting involving police in Downtown Colorado Springs ruled justified

Investigators found a handgun in his waistband but never found a rifle.

The district attorney ruled the shooting justified in December. Prosecutors say video showed Martinez-Sarmiento reaching for his waistband while running.

His family says he was running in fear and did nothing wrong. Their lawsuit claims the police department has a history of using excessive force against people of color.

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