New video raises questions in fatal Arapahoe County police shooting

There have been several developments this month after a deadly police shooting earlier this year in Arapahoe County.

A deputy shot and killed a man who was in a stolen vehicle and now the family of that suspect says the shooting was unjustified.

The sheriff's office released video of the encounter this week.

It happened in March at an apartment complex. 

Deputies say they found Jamarian McGhee sleeping inside a stolen Kia SUV. They woke him up and tried to coax him out. 

The video shows he refused to show both hands, then put the vehicle in reverse. 

A deputy standing behind the SUV opened fire.

CBS News Colorado spoke with a former FBI agent who also watched the video. He agrees the moment the car backs up is critical, but says at that point, it becomes a deadly weapon.

Lee Merritt, an attorney for the family of McGhee, disagreed. 

"If Mr. McGhee, for example, had gone for his weapon, and officers, thought that he was going for a weapon, that would be a proper justification for the use of that force, but the movement of the vehicle alone by the one officer - while all the other officers who are on the scene decided not to use that force - was inappropriate," Merritt said. "In fact, a violation of the law. It should be indicted as a crime, in our opinion."

The Arapahoe County District Attorney will determine if the shooting was justified.