Differing Accounts In Fort Worth Officer Involved Shooting

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FORT WORTH (CBSDFW.COM) - Very different accounts are emerging of a deadly police involved shooting in Fort Worth overnight Friday.

Phillip Vallejo, 30, of Kennedale was shot to death near Houston and 5th Street while out celebrating his birthday.

"It happened so fast," says his widow, Brenda Vallejo, who spent the day sobbing and struggling to understand. "He was kind of arguing with these guys...and then he went to get a cigarette and when he came back, I just heard 'get on the [expletive] ground', and he put his hands up. And I was telling him, 'just calm down' and he gets on the ground and that's when I heard 5 shots—pop pop pop pop pop … from the back."

Fort Worth police Friday declined to answer further questions about the shooting. But, in an email to CBS 11 disputed the family's account-- saying, "the deceased man was facing the officer when he was shot and was definitely not in handcuffs."

Family members were also angry that Vallejo was placed in handcuffs after he was shot-- and as he lay on the ground screaming. "He lays on the ground, and he was screaming, 'I can't breathe, I can't breathe'," says Brenda Vallejo, "and we we were telling the cops 'he can't breathe' and they were saying 'shut the [expletive] up, shut your blank, blank, mouth."

Vallejo was later pronounced dead at a local hospital. Police officials also concede that he never pointed a weapon at the officers.

"Officers told the individual to drop his gun," says Fort Worth PD spokesperson Sgt. Steve Enright. "He refused. As he pointed the gun at the other group, officers fired shots, striking him more than one time."

"That's a lie," insists James Davis, who watched the shooting unfold from across the street. "He (Vallejo) never had the gun pointed, if he had gun. You couldn't even see his hands because his hands were under his shirt... so who knows if he had a gun or a knife—or he may not have had anything."

A weapon was spotted lying on the street. No word, yet, on who owned it. Ultimately, the truth likely lies in surveilance video. Police have confirmed that they have it-- but, right now, are not releasing it. So the questions keep coming.

"How did he feel threatened?"asks his widow. "He had his hands up and he was turned… his back was toward the cop and he shot him. My kids are left without a Daddy." Vallejo has four children. "There are good cops… and there's cops that use their badge, they really do use it and abuse it and that's what happened last night," says Brenda Vallejo.

The officer involved is a veteran with more than two decades on the force. He has been placed on routine administrative leave.

(©2015 CBS Local Media, a division of CBS Radio Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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