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Miami: Cops Shoot Black Man While He Was Lying Down With Hands Up

(CNN) The video shows a man lying in the street, holding his hands in the air.

“All he has is a toy truck,” the man shouts. “I am a behavior therapist at a group home.”

Charles Kinsey said the footage, released by his attorney, shows the moment Monday when he tried to convince North Miami police not to harm his patient, a 23-year-old with autism who was sitting on the ground beside him.

“I was more worried about him than myself,” Kinsey told CNN affiliate WSVN-TV in Miami.

“As long as I’ve got my hands up, they’re not gonna shoot me, that’s what I’m thinking,” Kinsey said. “Wow, was I wrong.”

Now Kinsey is hospitalized with a gunshot wound.

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North Miami police said an officer opened fire after attempting to negotiate. Kinsey and his attorney said that explanation doesn’t add up. State authorities say they’re investigating.

Police: Caller reported armed man

A 911 call about an armed man threatening suicide drew officers to the scene just after 5 p.m. Monday, North Miami police Chief Gary Eugene told reporters.

“Our officers responded to the scene with that threat in mind. We had witness statements that there was a gun. We had a 911 call with that same information,” Eugene said Thursday. “However, I want to make it clear, there was no gun recovered.”

Kinsey told WSVN that his patient was holding a toy truck, not a firearm. He said he tried to explain the situation to officers, then asked his patient to be still and lie down.

Cell phone video released by Kinsey’s attorney shows part of that exchange.

“Please be still … get down … lay on your stomach,” Kinsey says in the video.

The man beside him rocks back and forth.

Another video released by the attorney shows a different perspective of the scene. In that video, Kinsey is lying in the road, on his stomach and handcuffed.

So far, attorney Hilton Napoleon II said, video of the shooting itself hasn’t surfaced.

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