The video was recorded when police showed Tindle's family the footage from the Jan. 3 incident.
Investigators say the BART officer heard a gunshot and saw Tindle fighting with another man. The officer yelled for them to stop and then opened fire.
But Tindle's family maintains the officer shot before seeing that Tindle had a weapon -- they're now suing the BART Police Department.
Their attorney spoke to us Tuesday afternoon.
VIDEO: Family of man fatally shot by Oakland BART officer wants to file charges
"It's pretty clear when I saw the video that Mr. Tindle was shot multiple times in the back at a time it was not apparent that he had a weapon at any kind," said attorney John Burris.
Investigators did recover a gun at the scene but it is unclear who it belonged to.
The other man involved in the fight did suffer a gunshot wound.
Oakland police are investigating and released this statement: "The Oakland Police Department is only involved in the Criminal Investigation, however the Alameda County District Attorney's office conducts a separate/independent investigation. The investigation is still active and ongoing, therefore we will not be releasing additional information at this time, this includes video footage."
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