'Did Not Have A Gun In His Hand': Family Attorney Of Adam Toledo, Killed By CPD Officer Speaks After Release Of Bodycam Video

CHICAGO (CBS) -- After release of the bodycam video showing the shooting death of 13-year-old Adam Toledo at the hands of a CPD officer, the teen's family said, based on what they saw in the video, the teen did not have a gun in his hand.

Family attorney Adeena Weiss Ortiz said in the video does not show Adam holding a gun, despite what CPD has said.

"Adam during his last second of life did not have a gun in his hand. The officer screamed at him 'show me your hands' at him. Adam complied, turned around. His hands were empty, when he was shot in the chest at the hands of the officer."

"He did not have a gun in his hand. Contrary to reports made earlier today," said family attorney Adeena Weiss Ortiz.

"I want to be especially clear right now that that child complied, Adam complied with the officers request, dropped the gun, turned around," she said. "The officer saw his hands were up and pulled the trigger."

The attorney said she can't say for certain if Adam Toledo had a gun at some point during the incident. But she said when the teen was shot, he wasn't holding one.

"I'm not gonna deny that that it could be a gun, but I can't tell you with 100% certainty, until I have that video forensically analyzed and enhanced, it is not relevant, because he tossed the gun," the attorney said. "If he had a gun he tested the officer said, 'show me your hands' he complied. He turned around. There's a still photo going around on the internet with his hands up, and he shot in the middle of this chest."

She added several video were released, including one set in slow motion. The family's attorney added.

"This is important to clarify. You're going to see that video in real time, just as I saw the video in real time.You will not see a gun," Weiss Ortiz said.

"The family was brought some solace and comfort to the video of their son," said the attorney. "They want justice for Adam. And whatever that means."

Weiss Ortiz added that while she cannot comment on what the officer was thinking at the time of the shooting, she said proper police procedure may have prevented the shooting death of the the teen. She thanked COPA for the expedited release of the video but did not say whether the family would be pursuing legal action against the officer or the city.

"We've had discussions with the city of Chicago. And I have to say that everybody thus far has been extremely cooperative," Weiss Ortiz said. "I don't know if he obviously had enough time or not. All I know is that the officer is trained to not shoot an unarmed individual, not shoot an unarmed child," she said.

At a news conference Thursday ahead of the release of the body cam video of the police shooting that killed 13-year-old Adam Toledo, Mayor Lori Lightfoot said she had seen "no evidence whatsoever" that Adam shot at police.

"I don't want to get into the real substance of this because the independent investigation is going on, but I've seen no evidence whatsoever that Adam Toledo shot at the police," Mayor Lightfoot said.

But as to the reports that Adam was holding a gun when he was shot and killed by police, the mayor declined to confirm or deny it – citing the ongoing investigation – but said she believed it was correct as articulated by prosecutors at a bond hearing for a man police said was with him at the time of the shooting.

"It's not for me to confirm that," Mayor Lightfoot said. "I'm very aware of what was said at the bond hearing for Mr. Roman. I believe that as articulated, the comments of the State's Attorney were correct."

Subsequently, a spokeswoman for the Cook County State's Attorney's office said a prosecutor misspoke over the weekend in saying Adam had a gun in his hand.

State's Attorney's office spokeswoman Sarah Sinovic told CBS 2's Chris Tye in a statement: "An attorney who works in this office failed to fully inform himself before speaking in court. Errors like that cannot happen and this has been addressed with the individual involved. The video speaks for itself."

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