BIRMINGHAM, Ala. (WIAT) -- Harvey Hooks said he believes the Birmingham police shooting that left his cousin, 28-year-old Jaylin Patton, injured and in the hospital should not have escalated the way it did.
"The police jumped out of the car with the gun in his hand like this, and before he could even, he couldn't even see Jaylin, he say, 'Drop the gun. Drop the gun,'" Hooks said. "Jaylin was already running. He didn't see a gun. He so far away from him. How you see a gun?"
Hooks said he and his family saw Patton while he was staying in a hospital after the shooting.
With Birmingham police releasing body camera footage showing the moments leading up to the shooting and confirming Patton did not shoot at officers, Hooks said he and his family want answers.
"Why did the police even give that statement to reporter that he shot first knowing he didn't shoot first," Hooks said.
At a press conference Friday, Birmingham Police Chief Scott Thurmond cleared up previous information the department released about the shooting. Thurmond said Patton did not shoot at officers, but officers said he had a gun.
"The Alabama Law Enforcement Agency is continuing their investigation," Thurmond said. "They will be securing criminal charges against this individual."
Patton was arrested Sunday and charged with drug trafficking, disorderly conduct, second-degree possession of marijuana, possession of a controlled substance and attempting to elude a police officer. He is being held in the Jefferson County Jail on $273,000 bond.
Thurmond said officers tried to conduct a traffic stop after witnessing criminal activity by Patton, but he did not stop when officers tried to pull him over.
Patton drove off I-59 for an unknown reason, got out of his car and started running, which can be seen on the body camera footage. As the chase went on, you can hear the officer say Patton tossed his gun and then picked it up and continued running. The officer then fired shots toward Patton after he told him not to pick the gun up.
"If those officers believe that their life was in danger, then they are able to take action," Thurmond said.
The officer and Patton were given medical attention. According to police, Patton sustained not life-threatening injuries. The officer, who has not been named, is on paid administrative leave.
Thurmond said moving forward, the department will put procedures into place, so it can get better information out to the public.