An officer arrests a man, accusing him of pointing a gun at him twice outside a gas station convenience store. But in this case, the man arrested is glad it was all caught on camera. He’s now fighting assault charges, saying surveillance video shows it never happened that way.
"I've never cried so much in my life. It hurts. It hurts," Julian Carmona said.
“There are two sides to every story, and in this case,” Carmona’s attorney Jed Silverman says, "it's night and day."
Carmona is charged with aggravated assault with a deadly weapon after an off-duty HPD officer accused Carmona of pointing a gun at him twice.
"I said, ‘Sir, I never pointed a gun at you. I promise, I never pointed a gun, check the videos," Carmona said.
The store’s surveillance video shows Carmona pull in quickly behind off-duty Officer William Wright. Carmona says he was hurrying to the bathroom, but when he got out of his truck, his gun dropped out of the car's side pocket.
"I don't know if I hit it when I opened the door, or hit it with my foot—everything just happened so fast," said Carmona.
In court documents, the officer says Carmona got out of the car holding a gun and pointed it directly at him, then dropped it, picked it up and pointed it again—all in the moment where he's seen turning around.
Wright said he feared for his life and drew his own gun.
"I put my hands up like, ‘Sir,’ I apologized right away,” Carmona said. “’Sir, I apologize,’ because the first thing that come to my mind, I dropped a gun in front of an officer, without even knowing."
At one point, Carmona reached for his concealed carry license, then quickly put his hands back up.
The whole time, his two young kids were sitting in the car.
"He comes behind me, he starts handcuffing me and my son comes out of the truck. That was the last thing I wanted," Carmona said.
Now he's facing a very serious charge for something he says the officer got very wrong.
"But for this video, my client could be one of those that's sitting in prison and is taken away from their family, based on what appears to be a false allegation," Silverman said.
Carmona does have a past record, including a 2007 felony drug possession charge. Investigators are questioning if that invalidates his CHL but his lawyer showed said that he got the charge dismissed through deferred adjudication and cleared a background check for the gun license after that.
Surveillance video from inside the store shows the officer was in the convenience store buying beer, which is against department policy when an officer is still in uniform. HPD is looking into that and the rest of this case.