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New evidence has surfaced in the case of a California man killed by a police deputy in May of 2014.

According to a lawsuit, recently released cellphone video clearly shows Noel Aguilar was murdered during an altercation between two L.A. Sheriff’s deputies and the 23-year-old known gang member, the Orange County Register reports.

Allegedly, the two deputies saw Aguilar riding his bike while wearing headphones in North Long Beach and sought to detain him. After a struggle, Aguilar fled on foot. The police chased after him and eventually caught up. In the new video, one of the officers can be heard yelling, “You f-cking move I’m gonna kill you, b-tch.” Officer Albert Murad is then seen hitting Aguilar several times with what may have been a flashlight. One round is fired, and Murad claims he was shot in the stomach, but Aguilar continues to say he has no gun. The officer then shoots Aguilar three times in the back while onlookers watch and protest in horror.

The family’s attorney, Humberto Guizar, said Aguilar wasn’t armed and that one cop shot the other.

Guizar isn’t afraid to admit that Aguilar was resisting arrest, but says he didn’t deserve to die because of it.

SOURCE: NY Daily News, Orange County Register | VIDEO SOURCE: Inform

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