Pueblo County District Attorney Jeff Chostner tells KRDO News Channel 13 he believes 20-year old Jesse Cedillo had a gun in his hand when a Pueblo County Deputy shot and killed him.
The Pueblo County District attorney's office has been investigating the fatal Deputy-involved shooting that happened around 7 a.m. on March 14 in between two houses on Quincy Street.
Cell phone video obtained by KRDO News Channel 13 shows a Pueblo County deputy firing multiple shots at Cedillo.
The video doesn't show what led up to the shooting, but the Pueblo County Sheriff's office say Cedillo was involved in armed carjacking earlier that morning across town.
The sheriff's office says Cedillo fled from law enforcement in the stolen vehicle. Cedillo wrecked the vehicle in an alleyway in the Mesa Junction neighborhood of Pueblo, then fled on foot. Law enforcement continued to pursue on foot.
"It's then aired by one of our deputies that he has a visual of the suspect who is armed with a handgun," said Captain Steve Bryant of the Pueblo County Sheriff's Office the day of the shooting.
That's when a deputy intercepted Cedillo, and opened fire. Cell phone video shows that Cedillo was running through two residential homes when the Deputy fired.
District Attorney Jeff Chostner says video clearly shows a gun in Mr. Cedillo’s hand, but does not specify what video he is referring to. Body camera footage from the shooting hasn't been released.
Chostner would not provide any further information besides this statement:
"We are looking intensely into this officer-involved shooting. I am drawing on the expertise of several agencies, and respected law enforcement individuals. I hope to arrive at a decision soon and publish it for the public."
Birk Baumgartner, an attorney for the Cedillo family, believes the District Attorney should immediately release all the evidence pertaining to the case, including body camera video.
"[District Attorney Chostner] wants to have his cake and eat it too," said Baumgartner. "He wants to pretend he is doing an independent and objective analysis of the facts but at the same time he is releasing facts about the case piecemeal, and according to what he believes will protect the deputy. If he is going to release some facts of the case, then he just needs to release the body camera video."
Baumgartner believes the cell phone video clearly shows that Cedillo did not have a gun in his hand when the unidentified Deputy opened fire. The family attorney claims the video shows a cell phone in Cedillo's right hand while there is nothing in his left hand.
Baumgartner argues the cell phone video proves Cedillo was in the process of giving himself up to law enforcement when he was shot and killed.
"Our country is on fire, literally on fire, because of these issues," said Baumgartner. "It is not appropriate for the District Attorney, the Sheriff's Department or any law enforcement agency to be withholding evidence. Trying to control the narrative and trying to squash the issue until it is more politically convenient for them."
The Pueblo County Sheriff's Office has no comment on the case at this time until investigation is complete.