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It may also be the case that the BWC footage was destroyed. Generally, Michigan law requires that BWC footage be stored for at least 30 days from the date of recording. However, if recordings are the subject of ongoing criminal investigation, criminal prosecution, or civil action, they must be held until the completion of an investigation or legal proceeding. When recording is the subject of a formal complaint against law enforcement, it must be retained for at least 3 years. These are minimums, and law enforcement agencies with BWC policies have their own policies that provide specific retention provisions for specific types of crimes (i.e. civil infractions, felony, misdemeanor, etc.). These policies retentions policies that are often much longer than what is required by Michigan law.

Resident Lillian Barnes echoed this sentiment during the public comment period of the city council meeting Monday night.

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The footage starts with officers running toward Tucker with weapons drawn. One officer with an AR-15-style rifle fired. There was no sound for the first 30 seconds of the bodycam videos, including when Tucker was shot. Tucker is not seen in the video until he is being handcuffed.

Newly released bodycam footage from the Akron Police Department sheds some light, and raises many questions, about the incident in which an officer fatally shot 15 year old Jazmir Tucker on Thanksgiving.

A rising hot topic in criminal law has been that of Body Worn Camera (BWC) footage and other legislatively regulated recordings, including dash camera video, in-car video, and audio recordings. As the number of states adopting BWC mandates increases, footage has increasingly become helpful in crafting and presenting defenses at trial and for purposes of negotiations. BWC and other recordings have proven to be critical in many cases because it provides the most accurate account of officer-citizen contact. Historically, this has been limited to reports prepared by officers, leaving juries to decide whether to believe the story told by the officer or the person accused of a crime. For obvious reasons, this often doesn’t work in favor of the person accused. With the introduction of video footage came a new opportunity to both build and challenge credibility.

Footage of an officer-citizen contact can be obtained, however, Michigan law limits who may request and receive that footage to the following: (1) the subject of the recording; (2) anyone whose property has been seized or damaged in relation to a crime; (3) a parent or legal guardian, when the subject or person with property interest is under 18; and (4) the attorney of record. The way in which you request footage may vary from county to county, and you should contact an experienced attorney should you have any issues obtaining footage of your officer-citizen contact.

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“Because we're having these conversations far too often,” Sommerville said. “We have to continue to look at how we can make sure that we're being proactive, you know, really focusing on training, putting resources and money towards training, particularly deescalating.”

The two officers who initially approached Tucker and whose names have not yet been revealed were working on a report from a previous call in their parked police cruiser at East Avenue and Vernon Odom Boulevard around 11 p.m. on Thanksgiving, according to the initial police report. They heard gunshots, got out of their car to investigate and encountered a man with a loaded firearm, according to the initial release.

In a statement, Mayor Shammas Malik said the footage has raised many questions, including why officers did not turn on their body cameras.

The presence of BWC also fosters transparency and accountability, increasing the likelihood that citizens will be treated fairly. For many, the introduction of BWC has allowed for a renewed sense of safety. People within the community, however, aren’t the only ones to benefit from the recording of officer-citizen interactions. BWC is also purposed with protecting police officers.

Unfortunately, Michigan does not require that police officers wear BWC. Michigan has, however, adopted regulations for the use and disclosure of video and audio recordings. This means that while Michigan does not require that police departments implement policies requiring BWC, there are regulations in place for departments that choose to do so. (Law Enforcement Body-Worn Camera Privacy Act which can be found at MCL 780.311-318). For law enforcement agencies that choose to implement BWC, Michigan law requires that officers:

If you have been told that BWC does not exist in your case, this can mean a series of things. The first consideration is whether the police department you are dealing with is equipped with BWC. If so, the paper discovery should be scoured over to determine whether the officer provided an explanation as to why the BWC is missing. Sometimes police reports will mention faulty recording devices. If this is the issue in your case, it should be explored further by an experienced attorney.

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After a few minutes, the group of officers approached Tucker, who was lying on the ground, to handcuff him. Officers unzipped his coat pocket and pulled out a flashlight and a gun.

Earlier this week, Akron City Council President Margo Sommerville called for better training for the police department and more mentorship programs for the city’s youth.

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The Ohio Bureau of Criminal Investigation is handling the investigation into the fatal shooting. The findings will be submitted to the Ohio Attorney General for review. It will then also be submitted to the Akron Police Department’s Office of Professional Standards and Accountability, the internal affairs unit, as well as the city’s independent police auditor.

"I also believe that many will ask why the officers used rifles instead of handguns in responding to this incident," he said in the statement. "This will be something that we discuss more going forward, including in the internal investigation, and as part of our comprehensive review of use of force, including when and how different weapons are used."

"The two officers who initially responded did not activate their body cameras upon exiting their vehicle. At some point, the cameras were automatically activated due to the presence of a nearby cruiser with activated lights, and once activated, the cameras can automatically store 30 seconds of video without audio – so we have some video, without audio, of the shooting itself," he said in a statement. "So my initial questions were why the cameras were not activated by the officers and whether this violated the body worn camera policy. This will be reviewed in our internal investigation."

"Our department and our officers will be involved every step of the way in helping to address questions and concerns from our residents throughout that process," Harding said in the statement. "I believe this review will help better set our officers and our citizens up for success in all our encounters and help ensure that unwanted outcomes are less likely.”

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"I know that there are many in our community who will have questions and concerns related to the timeliness of the body worn camera activation, the delay in rendering aid and the shooting itself," he said. "I hear those concerns, and my hope is that the investigation will provide more clarity.  Our community, our department, and most importantly, Jazmir’s family deserve and need answers to those questions.

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"To any resident wishing to exercise their constitutional right to peacefully protest in reaction to this incident, protesting is a highly protected form of freedom of speech and the city will do all we can to make space for that," Malik said in a statement. "We will also be prepared in the event that any demonstration becomes unlawful which would include damage to property or injuries to others. Everyone has a right to protest but not in a way that harms or endangers others."

“This is very heartbreaking because I have a 15-year-old son," Ray said. "This is his friend. He's never experienced this before. My son is in the mind frame where he don't like the police. He don't trust the police. And I don't want him to think that.”

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“This baby should not be dead,” Barnes said. “All officers are not bad, but the ones who [are] making it bad, are killing us and our children.”

"The amount of time that expired between the shooting and the initiation of physical aid to Jazmir is deeply troubling to me. I want to be clear that any unreasonable delay in the rendering of aid by police officers is unacceptable and has no place in Akron," he said in a statement. He said police leadership will immediately conduct "roll call trainings" on scene security and rendering aid.

Lawyers from The Cochran Firm Ohio who are representing Tucker's family did not take questions at a Thursday night press conference, saying the family needs more time to process and the legal team needs more time to review the footage. The family and legal team will hold a press conference at 11 a.m. Friday.

In addition to Michigan’s regulations on the use and disclosure of BWC, police departments have their own policies that their officers must abide by. These policies typically require that BWC be turned on prior to any citizen contact and remain activated until the conclusion of that contact. They also include instructions on storing and maintaining footage.

The bodycam footage shows officers with weapons drawn. One officer asked if others could check the parking lot behind him for potential victims of shots they believed Tucker took.

Nonetheless, if your BWC footage was prematurely destroyed and you believe it would be helpful to your case, this may be a due process violation and should be litigated by an experienced attorney.

After the shooting, officers continued to yell, "Stop moving," and, "Put your hands out." One officer said he saw Tucker "reaching with his right hand" and said he had a firearm on his right hip. Police later found a handgun in Tucker's zipped coat pocket.

Both officers have been placed on paid administrative leave. The officer who fired the shot is a five-year veteran of the department and the other officer has been on the force for less than a year, according to Akron Police.

Over the past week, some Akron residents have expressed outrage and concerns over police violence, particularly against young people in the city.