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HUMBLE, Texas Two days after a controversial police shooting at Deerbrook Mall, the dead suspect s brother is sharing a dramatic cell phone recording of the whole thing.

The recording appears to support Joaquin Carlon s claim that he was trying to convince his brother to give up when that brother was shot and killed by an Humble police officer.

Joaquin was behind the wheel of a stolen pickup truck when he saw his brother running from the cops.

Police were called to the mall on reports that the brothers were breaking into a car in the parking lot.

I tried to call my brother and tell him it s over with, because I know the difference between right and wrong. I know when I m wrong. I know when to give up, said Carlon.

A voice in the cell phone recording can be heard saying We gotta get moving. Joaquin answers him saying, No. That s the police.

Then what sounds like a single gunshot can be heard, followed by an unidentified voice that says, Take these guys out?

Esteban was in the passenger seat when he was shot once in the head. He died at the scene.

Joaquin then begins to yell, No! You didn t have to shoot him.

On Monday, Humble Police Captain Jay Wrobliske told 11 News the officer attempted to break the window out with his handgun. At that time his handgun accidentally discharged, fatally shooting the suspect.

Humble police identified the officer as Detective Craig Miller, a 12-year veteran of the force. He is on paid administrative leave while Humble police and the Harris County District Attorney s Office investigate the shooting.

Wednesday, Joaquin Carlon spoke publicly with activist Quanell X by his side. The surviving Carlon brother did not offer excuses for the crimes he was committing, or the two previous times auto theft and other felonies have landed him and his brother in jail. But they did question the officer s tactics.

Knocking out a window with a gun in your hand is absolutely inappropriate, it s not trained, and it s something that caused a loss of life of a man who deserved his day in court...not go to a graveyard, said Quanell X.

But he also offered Esteban Carlon as an object lesson for other aspiring criminals.

If you decide to go and commit crimes, know that before you go you may be putting your life on the line and you may never come home again. Soon your lifestyle will bring you prison or death, he said.

Message received for the surviving Carlon brother who says his life of crime is over. He said he plans to take care of his dead brother s pregnant wife and two daughters.

And I see all the grief that I ve caused my family, said Joaquin Carlon. I cannot continue what I ve been doing man. So a job is my next step.

Out on bail, however, his next step will be another court appearance on suspicion of auto theft.

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