"He gets this call, he looks at his video, he sees this man in his house going through his children's room rummaging through everything, walking out of his house with his big screen TV, walking out of his house with his child's Playstation," said Johnson's attorney Mark Thering.
The two can be seen in a grassy ditch near Johnson's Yorkdale Street home. The officer is seen yelling and kicking the suspect on the ground several times. There is also cursing.
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"It was justified because he still was not showing his hands," Thering said.
Skyeye flew over the scene the day of the February burglary. Electronics from the officer's home could be seen strung down the street. A metal tool used as a weapon called a "pickle fork" could be seen in the street. Investigators said the burglar used it in the confrontation with the officer. They said there were two confrontations that afternoon - one near the house where the suspect was shot and the second down the street.
EXCLUSIVE: Indicted officer seen kicking suspect on ground
The video is not quite two minutes long. It shows details we couldn't see the day of the incident, towards the end of the recording Johnson turns to the woman recording the exchange. He said, "Did y'all call police?"
The woman recording the incident said, "Aren't you the police?"
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The video was enough for a Harris County Grand Jury to decide the case should move forward. Johnson faces charges of tampering with evidence and assault.
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