Nagata admitted that the officers did not identify themselves but added, “Hey, let’s be honest, they’re in uniform, they’re coming there with police cars, and they told him, get on the ground, comply”.
But Bickerton said the police had yet to release other vital information and the burden was on them to “come clean” because they shot an unarmed man.
“But from what we have seen we know some things. Notwithstanding HPD's claim of no racial issue here, Lindani was not even given the chance to hear the required words 'this is the police',” said Bickerton.
“He was being treated aggressively and disrespectfully from the very beginning, even though the tape shows he was standing still. The failure of the officers to identify themselves as police is unconscionable,” said Bickerton.
“It was a moonless night and the tapes show a man having a flashlight shone in his face while a woman shouted “that's him”. Lindani likely could only see lights and hear a woman yelling to the men holding the lights and a gun,” he said.
“If you point a flashlight and a gun in someone’s eyes and tell them to get on the ground, the person can't see you but will know you are not the police and that his life is in danger because the gunman does not say “police”. Fight or flight is inevitable. If Lindani chose fight, that is HPD's fault,” said Bickerton.
But Nagata said the officers were in the fight for their lives and that they “did very well” under the circumstances.
“They were in the fight for their lives, let me be clear with you. And as a result of this they did very well, they were very brave, they fought for their lives. I was very impressed with what they did. They didn’t shoot or discharge their firearm right away, this was not a case of overreaction,” he said.