From [HERE] A civil rights attorney representing the family of Kyle Dail says he's filing a lawsuit on the family's behalf saying the Dallas Police Department used excessive force when Dail was fatally shot during an attempted arrest last summer.

Dail was in a Dallas convenience store on July 27, 2022, when police officers approached him from behind and attempted to take him into custody. Police said Dail was wanted for eluding police and selling drugs outside a gas station earlier in the evening.

In the video, officers can be heard telling Dail, "Don't move, don't move," and he can be heard saying "I'm not moving. I'm not moving. I can't breathe."

Dallas Chief of Police Eddie Garcia said Dail resisted and that as officers struggled to get him into custody he pulled out a handgun from his pocket and raised it in the air in front of an officer's face.

"Dail transitions the weapon from his right to his left hand then throws the weapon to another aisle in the business. A moment after Dail threw his weapon, Officer Hoffman fired his duty weapon," Garcia said, describing the video.

Attorney Justin Moore, who filed the lawsuit against the city, police department and officers, said in a statement this week that "all video evidence from the incident shows that Kyle was not a threat and was shot in the back unnecessarily."

Moore added that the department has not provided any evidence, including video evidence, that affirms Dail was the person selling drugs or eluding police and that his arrest may have been the result of bad police work and mistaken identity.