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Family of suspect shot by police says officers were bragging

10:24 PM CDT on Saturday, July 19, 2008

By MONIKA DIAZ / WFAA-TV

Video
Monika Diaz reports
July 19, 2008
MORE: News 8 video

A high risk arrest to nab a wanted man in Dallas ended in a shootout yesterday.

The scene played out in the Love Field area and in front of the suspect's brother.

He is now sharing his side of the story.

Investigators say the suspect, Joe David De La Garza, fired first but his family, including his brother, are still trying to figure out what happened.

Richard Hernandez was put in handcuffs, minutes after Dallas police officers shot his brother, at the end of a chase near Bombay Avenue.

Hernandez was in the car.

"It was like pah, pah, pah. I even squat down on the seat because all I heard was ting, ting, ting," he said.

Hernandez's brother, De La Garza, 41, is in the hospital, charged with evading arrest and assault on a police officer.

Investigators were looking for De La Garza because he is accused of shooting at his ex-wife.

When De La Garza drove away with his brother from their home on Kimsey Drive, officers tried to pull him over.

Hernandez says his brother did not want to stop.

"I was like calm down bro, pull over, pull over and he said, 'you don't understand man, they are going to kill me' and I said 'don't say that,'" Hernandez said.

Minutes after came the chase.

The car stalled on train tracks and that's when Hernandez says his brother told him to run.

Seconds later, shots rang out.

Detectives say when De La Garza jumped out of the car, he opened fire and officers fired back.

Hernandez told us his brother had a gun in the car.

"I don't even know if he shot first. It was everywhere," Hernandez said.

Hernandez and his family want a full investigation.

They say some of the officers at the scene were laughing and bragging after the shooting.

"An officer... said 'I never miss'... like he was an animal or something, like we were target practice," Hernandez said.

E-mail mdiaz@wfaa.com.

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