CHARLOTTE, NC (WBTV) - An attorney for the Charlotte-Mecklenburg Police Department refused a request Wednesday to release the remaining video captured by body cameras and dash cameras at the scene of the officer-involved shooting death of Keith Scott.
The latest request was made by WBTV and a coalition of other local and state media outlets.
The attorney for CMPD told an attorney representing the media coalition that the requesting was being denied because the department believes the video meets the definition of a criminal investigation record which, under the law, is not a public record.
The North Carolina Public Records Act, specifically N.C.G.S. 132-1.4(c)(3), makes public records documenting the circumstances surround an arrest public.
The justification offered Wednesday differs from the reason given by the same CMPD attorney, Judith Emken, in denying a previous request for video of Scott's shooting made last week.
Last week, Emken said the video was not a public record under the law because Scott was not arrested and, she said, officers were not attempting to arrest him.
CMPD Chief Kerr Putney has disputed that, saying at a press conference on Saturday that officers were trying to arrest Scott at the time of the shooting.
Although CMPD continues to deny the public full access to video of the scene following Scott's shooting, Emken did provide additional details about what is in the video that is being withheld.
Emken said she believes there was not any video recorded prior to the two-minute portion of either the body-worn camera or dash camera video that was released on Saturday. Both cameras belonged to the same police officer.
The body cam video totals 16 minutes, meaning 14 minutes of video has not been made public.
Emken said that portion of the body cam video shows personnel performing CPR and was not released because it is 'very violent' and bloody. She said it consists of the groaning and 'gurgling sounds of a dying man's last breaths.' That portion of the video, she said, was also not shown to the Scott family.
Emken said the dash cam recorded a total of one hour and fifteen minutes of video. She said the portion of the video not released to the public just shows people milling around the scene and does not show anything relevant to the shooting.
It remains unclear whether the remaining portion of either video shows a gun.
A total of 52 officers responded to the scene, Emken said, and all were wearing body cams or had dash cams. But Emken said all cameras were turned off as officers arrived at the scene.