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'They wanted him to die': Father of man killed by police questions why officers didn't render aid

In 2019, Jacob Harris was shot and killed by Phoenix police after he was a suspect in an armed robbery. Recently aerial footage of the incident was released.

PHOENIX — For more than three years, Roland Harris has been trying to get his son Jacob's belongings back. It's all he has left of his 19-year-old son and he wants to be able to give something to the two children Jacob left behind.

In 2019, Jacob was shot and killed by Phoenix police after he was a suspect in an armed robbery. Since the shooting, Roland has been pleading for the release of the full video showing the shooting and the minutes after.

A small portion of the video showing the shooting was mistakenly released to 12News in 2019. Now, a judge has unsealed the rest of the video.

On January 10, 2019, Phoenix police officers with the department's Special Assignment Unit were surveilling Harris and three other suspects believed to be connected to a string of armed robberies.

Video taken by the undercover officers shows the four suspects robbing a Whataburger. One of them was armed with an airsoft gun. Aerial footage shows officers then following the suspects after they left. It's the only video of the incident as the officers in that unit were not wearing body cameras.

Just after midnight, police deployed a grappler and set off a flash bang. Harris got out of the car and started running. Police say he had a gun in his hand and within seconds, he was shot twice in the back.

RELATED: Video shows armed robbery and police shooting that killed 19-year-old Phoenix man in January

“Only a coward shoots somebody in the back that way," Roland said. 

“Yes, he broke the law. He should have been arrested. He should have been tried and convicted and did his time and rehabilitate and come home and never made that mistake again in his life because I would have made sure of it. But to be killed and tortured like that over $1,200? It’s sickening.”

Even more troubling to Roland is what happens next. The video shows Harris lying face down. The gun officials said he had been holding was thrown. Nobody came to his aid.

Roland said questions about those moments haunt him to this day.

“What was he thinking? What was going through his mind? Did he think he was dying? How the police couldn't go give him first aid? Why they didn't. They wanted him to die," Roland said.

Aerial footage shows Jacob on the ground occasionally making small movements. Nearly nine minutes go by.

Then, officers are seen shooting Harris with non-lethal rounds.

About thirty seconds later, they send in a police dog which drags Harris back to the officers.

According to timestamps in court records, first responders did not start rendering aid for at least 10 to 14 minutes after Harris was shot.

A Phoenix PD spokesperson confirmed Officer Kristopher Bertz, the officer who shot Harris, is still an active member of the department. Bertz has been involved in another officer-involved shooting since Harris dies.

The department also said the Special Assignment Unit is now wearing body cameras.

The spokesperson declined to comment further saying they would not litigate this case in the media.

In court documents, the city argued the officer's actions were reasonable and justified.

Just days ago, a federal judge dismissed Harris' civil case against the City of Phoenix. His attorney has filed an appeal.

Expert says police have legal duty to provide aid

Kenneth Williams has researched a police officer's duty to provide medical aid to injured suspects. He reviewed the video from Harris' case.

“If the danger was so grave, why didn't they immediately try to retrieve the gun? I didn't see them move toward retrieving the gun at all," said Kenneth Williams, a professor at the South Texas College of Law Houston who specializes in criminal law.

Williams said courts have determined the duty officers have is minimal.

“Their only duty is to summon for medical aid assistance for the person who might be in distress," Williams said.

Williams believes failing to render aid is a violation of due process and encourages departments to make a policy change.

“Those few minutes before EMT arrives could be very crucial in terms of saving someone's life. That's the concern there," Williams said. “A lot of these shootings are obviously very controversial and what really adds salt to the wounds of the shootings is the fact that oftentimes officers don't do anything to aid the person they've shot.”

RELATED: Man takes 2-year-old daughter on Glendale burglary incident

Jacob Harris' father meets with DOJ

Last year, the Department of Justice announced it was opening an investigation into Phoenix PD including the department's deadly use of force. In recent weeks, Roland has met with the DOJ to talk about his son's case. He's hopeful the investigation into what happened to Jacob is not over.

“Out of every police department in the nation, they picked the City of Phoenix to come in and do that. I feel that was God moving in a way to get Jacob justice," Roland said.

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