Updated: 02/09/2014 10:58 PM
Created: 02/07/2014 3:45 PM KSTP.com
By: Stephen Tellier
His family says he was shot to death by police while in handcuffs. The officers say he was trying to kill them. 5 EYEWITNESS NEWS asked police for the entire investigative file to find out what really happened.
Only 5 EYEWITNESS NEWS has the dramatic dash cam video that captured the incident as it unfolded.
It was after 2 a.m. on Aug. 23 of last year. Police cameras and microphones captured much of what happened of what began as a routine traffic stop.
"You guys have some sort of issue up at the motel there?" asked Officer Ryan Soliday with the Brooklyn Center Police Department, as he spoke with Edmond Fair, 24, who was driving the van that police pulled over.
Officers pulled the van over after a disturbance at a nearby motel. The video shows Soliday on the driver's side of the van -- a female officer was on the passenger side. There were five people in the van, with Fair behind the wheel.
"You got your ID on you, man?" Soliday asked Fair.
Fair didn't have an ID, and was asked to step outside.
"You got any weapons on you?" Soliday asked.
"No, sir," Fair replied.
"I just gotta check, alright?" Soliday said.
Soliday later told investigators he was planning to arrest Fair for giving a false name, but he wanted to wait for backup because the officers were outnumbered. He told Fair to sit behind the car, and the two walk out of the dash cam's view.
"I don't want to go to jail right now. I got kids and stuff, man," Fair told the officers.
There was a warrant out for Fair's arrest. He was facing 6.5 years in prison for kidnapping.
"I'm not gonna move, I'm not gonna move, or nothing like that. I'm just -- I don't want to go to jail, man," Fair can be heard telling the officers.
"Just put your hands behind your back," Soliday tells Fair.
Soliday later told investigators Fair became agitated, and kept trying to stand up, so he decided to handcuff him. But he was only able to get one handcuff on Fair's left wrist.
"I don't want to go to jail, y'all," Fair said.
"Hey, listen to me! Put your hands behind your back or you're gonna get Tased," the female officer replied. "Do it now!"
"Please don't take me to jail, y'all," Fair can be heard telling the officers.
The female officer then tased Fair, but it had no effect. That's when a struggle began. You can see what happened next on police video captured on a camera mounted inside the police car.
While the video is difficult to make out, you can see what police said is a loose handcuff dangling from Fair's hand, meaning his hands were free.
The struggle then moved out of frame. But the officers say Fair grabbed one of their Tasers, used it against them, and then tried grabbing for a gun.
That's when Soliday fired his weapon. The officers told investigators they only finished handcuffing Fair after he had been shot in his left side. He died minutes later.
Late last year, a grand jury decided not to bring charges against those two officers. Then, last month, Fair's family filed a wrongful death lawsuit against Soliday, claiming he used excessive force, and that Fair was in handcuffs -- and defenseless -- when he was killed.
"I know that Edmond was a good person, and that's it. Even if he wasn't a good person, he still deserves justice. He still has the right to live like you and I," Elizabeth Fair, Edmond's mother, told 5 EYEWITNESS NEWS in January.
We have reached out to the family's attorney for comment on the video, but as of Sunday night, they had not yet seen the video for themselves.