ANTIOCH, Calif. (KRON) — A man shot multiple times by Antioch police officers earlier this month during a foot chase disputes police accounts that he pointed a gun at them. Newly surfaced video that may strengthen the defendant’s claim.

A bystander who filmed the cellphone video recently shared it with 30-year-old Daniel Mackin’s family. Mackin’s civil rights attorney Melissa Nold says the person passed it along to help with his defense after reading the Antioch Police Department’s reasoning for the shooting on Oct. 1.

“I think the concern is always going to be the transparency and accountability. If the police are saying that they shot somebody almost 10 times because of something they did, they need to be able to show that that actually happened. It appears that they’re, at least, at minimum, misleading the public as the full details of what happens here,” said Nold.

On the morning of the shooting police say an Antioch community service officer requested back-up after spotting two cars parked on West Third Street wanted in connection with a recent burglary in town. Police say Mackin was asleep in one of them, which was eventually determined to have been stolen.

Officers Thomas Borg, Dustin Dibble. Shawn Marques and Kyle Armstrong responded. Police say Officer Marques looked into the vehicle and noticed a gun next to Mackin.

Police say when Mackin woke up he did not comply with commands, and instead drove towards the officers. The cellphone video picks-up the encounter with Mackin running away from the vehicle and then being chased by the officers and K9s.

Police say the officers opened fire, fearing for their lives because they allege, he turned toward them and pointed the gun at them. But Melissa Nold says the video shows a different story.

“I don’t see anything consistent with him turning around and pointing a gun at them prior to the shooting beginning,” Nold said. “And, in the video, you can distinctly hear the shots ringing out while he’s still within view.”

The Contra Costa County District Attorney’s Office has charged Mackin with:

  • Assault with a deadly weapon on a peace officer
  • Felon in possession of a firearm
  • Receiving a stolen vehicle
  • Resisting arrest.

He also had a warrant for his arrest for his alleged involvement in a homicide.

“One of the things he’s been charged with is an assault with a deadly weapon. Well, that’s not the firearms charge, and so they’re not alleging that he — the DA is not alleging that he actually pointed a gun at them. There’s no charges to suggest that that actually happened,” said Nold.

The district attorney’s office declined to comment on this case because it is ongoing, but a spokesperson acknowledges prosecutors have seen the cellphone video. Though it is not clear if the DA’s office was aware of the video before Mackin entered a not guilty plea at his arraignment last week.

Antioch PD spokesperson says the agency intends to release the body camera video within 45 days of the incident.