Attorney: Video disputes claim Henry Bennett had gun when shot by PBSO

The family of 19-year-old Henry Bennett III is suing the Palm Beach County Sheriff's Office and deputy Andrew Cano, the deputy who shot and killed Bennett in Belle Glade on January 16, 2016.

An attorney released video Tuesday she believes contradicts the account from the Palm Beach County Sheriff's Office in the shooting of 19-year-old Henry Bennett III by PBSO deputy Andrew Cano.

Bennett's family filed a lawsuit Tuesday, claiming Sheriff Ric Bradshaw and Deputy Andrew Cano used excessive force in the fatal shooting of Bennett in Belle Glade on January 16, 2016.

According to the Palm Beach County Sheriff's Office, Deputy Andrew Cano pulled over a car on Avenue D in Belle Glade. Bennett was at the wheel. Investigators said Bennett took off running. The Sheriff's Office said Cano ordered Bennett to stop and get on the ground. After a short chase, the Sheriff's Office said Bennett turned toward Cano and pointed a gun at the deputy when Cano opened fire.

“Officer Cano began shooting only 2 to 3 seconds after Henry Bennett opened the car door," said Jasmin Rand, the attorney for the Bennett family. “What the Sheriff asks you to believe is that in that one second, my client who was running at full speed, comes to a dead stop, turns around, faces officers, assumes a shooting stance and points a gun at him.”

The Sheriff's Office said Bennett was shot twice and later died at the scene.

Bennett's attorney, Jasmine Rand, said witnesses to the shooting claimed Bennett didn't have a gun. Those include Bennett's girlfriend who was in the car at the time of the shooting. Rand also said the deputy shot Bennett four times, in the head, back and chest. Rand said Cano's partner found the gun under the teen's body.

In August, the State Attorney's Office said it would not file charges in the case because video and evidence supported Cano's account of what happened.

A spokeswoman for the Palm Beach County Sheriff's Office issued this statement to CBS12:

Our legal office will not comment on a lawsuit that has not been received.

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