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Attorney Says Dashcam May Be Doctored After Grapevine Officer No-Billed

Family plans federal lawsuit; lawyer alleges video may have been doctored

A Tarrant County grand jury declined to indict a Grapevine police officer Monday who fatally shot an unarmed Mexican man after a high-speed chase earlier this year.

The decision by the grand jury means officer Robert Clark will not face charges in the death of 31-year-old Ruben Garcia Villalpando, an undocumented immigrant who died Feb. 20 after being shot twice in the chest during a traffic stop.

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Police said Villalpando led Clark on a high-speed chase, "weaving through and around the heavy traffic and driving on the shoulder of the highway attempting to evade officer Clark."

Villalpando eventually stopped along Texas 121 near Glade Road in Euless and exited his car with his hands up. Then, contrary to the officer's instructions, he walked slowly toward the officer while holding his hands on his head, according to police.

WARNING GRAPHIC LANGUAGE: The Tarrant County District Attorney’s office released the dash camera video from Officer Robert Clark’s police cruiser that shows the February 20, 2015 shooting of Ruben Garcia Villalpando. A Tarrant County grand jury decided not to indict Clark on May 18, 2015.

As he continued to approach the officer, Villalpando disappeared from the view of the camera as Clark continued to order the man back to his car. Moments later, two shots could be heard, followed by the officer radioing "shots fired."

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“The grand jurors were given complete and open access to all the evidence in this case, included cellphone videos, the dash cam video from officer Clark’s vehicle, witness statements, police records and reports, and any additional information that they requested,” said Larry Moore, Chief of the CDA’s Criminal Division, who led the state’s presentation. “They heard testimony from witnesses representing both Mr. Villalpando and officer Clark. The attorneys representing officer Clark and the Villalpando family were also given the opportunity to directly address the grand jury, should they wish to do so.”

The Mexican Ministry of Foreign Affairs condemned the fatal shooting in February and, in a letter to the police departments of Grapevine and Euless and to the Tarrant County district attorney, said the shooting was a "disproportionate use of lethal force that results in the unnecessary loss of life and erodes the trust that should exist between the authorities and the communities in which they operate."

An attorney representing the family, Domingo Garcia, viewed the officer's dashcam video with Villalpando's family and activist Carlos Quintanilla. Both Garcia and Quintanilla agreed Villalpando was intoxicated and ran from police, but added that he did not deserve to die.

"You do not shoot an unarmed man with his hands on his head," Garcia told NBC 5 in February. "This is an absolute coldblooded murder by a man wearing a badge and a uniform."

"We are deeply disappointed that the Tarrant County DA did not act as they should have in indicting officer Clark and as equally disappointed in Domingo Garcia who lost public momentum in forcing a public outcry on the matter; it now becomes a money game for him and his client and once again we all lose, because really justice has not been served for the Immigrant community," Quintanilla said Monday.

During a news conference with Villalpando's family Monday afternoon, Garcia questioned the integrity of the dashcam video released by authorities earlier in the day and said he would be hiring an expert to determine if it had been edited. Garcia raised questions about where Villalpando was when the shooting took place; according to the dashcam footage Villalpando was shot off-camera but video recorded by passers by showed his body in front of the police car.

A Tarrant County grand jury declined to indict a Grapevine police officer Monday who fatally shot an unarmed Mexican man after a high-speed chase earlier this year.

Fernando Romero, Villalpando's brother-in-law, said an indictment would have equaled justice for the family.

"Like they're actually looking out for the, for the people, for us," he said. "Not for, just because he has a badge and he's an officer."

Garcia acknowledged that Villalpando made mistakes prior to the shooting.

Attorney Domingo Garcia, and family members Marta Romero and Fernando Romero addressed the media after a Tarrant County grand jury declined to indict a Grapevine police officer who fatally shot 31-year-old Ruben Garcia Villalpando.

"The fact of the matter is Ruben Garcia should have stopped when the officer told him to," Garcia said during Monday's news conference. "But, again, the penalty for not paying attention or misinterpreting, 'Go to the back of the car,' and the, him thinking it's the back of the police car, possibly, as opposed to the back of the other one, is not the death penalty."

Garcia also said the family, who remain heartbroken over their loss, said they plan to file a federal lawsuit.

Grapevine Chief of Police Eddie Salame released a statement about the dashcam footage after the grand jury's decision was made public Monday.

“It has been very frustrating to listen to people mischaracterize this incident while our department honored the request of the Tarrant County District Attorney not to release the video until it could be presented to the grand jury,” said Salame. “The dashcam video tells a very different story from the one the public has been hearing.”

The Grapevine police cited Urey Patrick, formerly with the FBI and an expert on the use of force, who said Villalpando’s actions in the video are consistent with the intent to attack: “He proceeds to make an approach on the officer — at a steady pace, unwavering and obstinate, eyes averted — despite being at gunpoint and subjected to a constant battery of orders to stop. Such behavior is consistent with the intent to close the range by moving slowly and inexorably and avoiding eye contact, in order to dispel suspicions until close enough to suddenly attack.”

Salame said police aren't sure why Villalpando acted the way he did, but speculated that his actions may have been due to concerns over facing a second arrest for drunken driving.

The Tarrant County District Attorney’s Office released the dash camera video after a grand jury decided not to bring charges against a Grapevine officer involved in a deadly shooting.

“There is no question that the loss of any life is a source of sadness and we understand the concerns expressed by many regarding this incident before all the facts were known. Sadly, this is not the first instance where someone whose judgment was impaired by alcohol has created a situation that led to their death," Salame said.

Villalpando is survived by his wife, Martha, and four young children.

A small, but vocal group of around 20 protesters from the Next Generation Action Network and LULAC gathered in front of the Grapevine Police Department Monday evening, chanting and waving signs, demanding "Justice for Ruben Garcia."

"Am I threatening you? Do I deserve to die for this?" one protester shouted, while holding his hands above his head, as Villalpando was seen in dashcam video doing. "This is what happened. You can see it on the tape for yourself."

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NBC 5's Josh Ault, Todd Davis, Ben Russell and Amanda Guerra contributed to this report.

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