Samuel Denk was 24 years old when he was pulled over by a Peoria Police Department Sergeant in the area of 83rd Avenue and West Cholla Street on March 27, 2019.

According to a police statement at the time, the officer, later identified as Sgt. Matthew Miller, pulled over Denk for an alleged traffic violation, who then reached for a gun on his lap.

Police said that Denk and ignored warnings not to reach for the gun on his lap, prompting Miller to fire at the suspect, striking him in the face. The footage shows there were around 8 seconds between the officer approaching Denk’s vehicle and the gun being fired.

“The sergeant said he had no other option than to shoot,” a probable cause statement said. “He said he was in fear for his life when the driver reached down and grabbed the firearm after he told him not to grab it, and to put his hands on the wheel.”

Denk was arrested at his parent’s home five days after he was sent to hospital for treatment of his non-life threatening injuries, and later charged with aggravated assault.

However, lawyers and other legal experts suggest that newly obtained bodycam footage of the incident reveals a different story.

“You don’t see Sam moving towards a weapon,” Jocquese Blackwell, Denk’s attorney, told ABC 15. “What you see is Samuel Denk’s hands move towards the steering wheel after he was commanded to do so.”

The bodycam footage does not give a clear indication where Denk’s hands are until a split second before Miller fires, where it is seen that Denk does not have a gun in his hands.

“It looks like his hands are being raised to put them on the steering wheel as ordered. Not that he’s reaching for his gun,” said Jared Keenan, a senior attorney with ACLU Arizona.

Blackwell filed a lawsuit against Miller and the Peoria Police Department over the shooting, claiming the sergeant was negligent and used excessive force in the shooting. Blackwell also suggested that Miller may have fired his weapon by mistake due to his surprised reaction captured on the body cam footage.

Sgt. Brandon Sheffert, a spokesperson for the Peoria Police Department, denied the claim and added that Miller was cleared of any criminal wrongdoing by the Maricopa County Attorney’s Office.

“The shooting was definitely not accidental. It was intentional. And Sgt. Miller has been cleared by that shooting,” Sheffert said.

Others are questioning why the Maricopa County Attorney’s Office decided to bring charges against Denk after he was shot.

“If you’re going to clear an officer [using] this evidence, this body cam, there seems to me to be not enough evidence to then go after this guy for aggravated assault,” said Keenan.

“[Denk] doesn’t have to be charged, just because they didn’t charge the police officer. It could be a terrible accident,” added Anthony Ramirez, a wrongful death attorney.

Denk is due to stand trial in June to face the charge against him.

“If he goes to prison, I think it’s a sad day. I don’t believe justice will be served,” said Blackwell.

The Maricopa County Attorney’s Office has been contacted for comment.