New video shows moments before FBI agent shot and killed Oakland man

The FBI says the fatal shooting happened in just eight seconds.
OAKLAND, Calif. (KGO) -- For the first time, we're seeing video of the moments prior to an FBI agent shooting and killing an Oakland man in September. The FBI says the fatal shooting happened in just eight seconds.

"Jonathan was a great individual. He just made everybody laugh and happy all the time," said Jackie Nguyen.

Jackie Nguyen says she's known Jonathan Cortez since childhood. They had been dating on and and off for the past year.

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On September 13, she says the neighborhood boys called her.

"They said, 'Auntie Jackie please come home right away Jonathan was just shot,'" said Nguyen.

Cortez was inside a small Oakland store on Fruitvale Avenue below Jackie's apartment.

The FBI says an agent deputized as a US Marshal was attempting to serve federal and state arrest warrants on Cortez.

The ABC7 News I-TEAM obtained surveillance video from outside the store which shows the agent pull up to the store and run around his vehicle with his weapon drawn. The video does not show what happens inside the store.

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FBI San Francisco Special Agent in Charge Craig Fair says Cortez pulled a gun.

"When the agent went to the threshold of the door, gave lawful commands, identified himself with markings, Cortez tried to run out of the store, bumping into the agent. The agent pushed him back. Cortez took multiple steps back at which point he drew the handgun from his bag," said Fair.

"The agent fired one single round striking Mr. Cortez in the torso," Fair continued.

Cortez's girlfriend says that's not what doctors told her about how he died.

"The doctors told us that he was shot through his right arm and into his heart," said Nguyen.

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It's that detail that makes her question what direction Cortez was facing at the time.

"It could be so easy to just nip this whole situation in the bud by releasing the footage that was taken inside the store," said Nguyen.

The surveillance video outside the store shows other agents arriving seconds later but it's the video from inside the store that could explain more.

"We just want to see the video, we want to end this, we want answers," said Nguyen.

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The FBI says the Oakland Police Department, which is investigating the fatal shooting, took possession of two surveillance videos from inside the store.

By email, an OPD spokesperson tells the I-TEAM, this is still an ongoing and active investigation. Currently, there is no timeline for releasing the video.

Without it, Cortez's girlfriend says she doesn't know what's true.

She just keeps thinking about what the store employee later told her.

"He will never forget the amount of money that Jonathan spent that day when he died because he spent $7 dollars for his life that day," said Nguyen.

The FBI is not releasing the status of the agent who shot and killed Cortez.

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