By Brian Maass

GLENDALE, Colo. (CBS4)– Nearly two weeks after Glendale police officers shot and killed John Pacheaco Jr., 36, two Glendale police officers have not provided statements to the Denver Police Department, which is leading the investigation.

(credit: CBS)

“We are still waiting to see if one of the involved officers and a witness officer will be providing statements,” said Technician Jay Casillas with the Denver Police Department.

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The shooting occurred October 31.

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“As with any investigation, statements by anyone are not mandatory,” said Casillas.

At the same time, CBS4 obtained video of the incident which was captured by a surveillance camera at a nearby fast food restaurant.

(credit: CBS)

It shows a Dodge pickup truck, which had been reported stolen, driven by Pacheaco, stop on northbound Colorado Blvd near Alameda, just before 10 p.m. on Oct. 31. For about three minutes, traffic drives around the truck until a Glendale police officer pulls up behind the vehicle in what was labeled a “wellness check” on a Glendale police report.

An officer looks in the vehicle and police said Pacheaco was unresponsive. Other Glendale police units can be seen arriving until Pacheaco’s truck suddenly rolls forward several feet, colliding with a police car. It then goes in reverse at a higher rate of speed before hitting several other cars, including a Glendale police vehicle.

(credit: CBS)

During the incident, Glendale police opened fire, shooting and killing Pacheaco.

Newly obtained police photos of the inside of the truck and its contents do not show a firearm, and police reports do not mention any kind of weapon being found in the truck.

Matthew Haltzman, an attorney representing Pacheaco’s mother, told CBS4, “I think they (Glendale police) panicked and ultimately their reaction was not the right one.”

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He went on to call what occurred an example of “excessive force” and he said a civil lawsuit would likely be filed before the end of the year. Pacheaco’s mother previously told CBS4 what happened to her son was like “a firing squad.”

“This could have been avoided in a lot of ways, but I think a lot of that falls on law enforcement,” said Haltzman.

He theorized that when Pacheaco woke up, he took his foot off the brake and the truck rolled forward.

Then, suggested Haltzman, he believes Pacheaco might have inadvertently put the truck in reverse when he intended to put it in park.

(credit: CBS)

“The more that we’re seeing , the more we believe the actions of the Glendale Police Department were unjustifiable and unwarranted.”

Asked if police perhaps opened fire because they believed they were in imminent danger and the truck was going to hit them or members of the public, Haltzman insisted they had other tactics they could have used to “extinguish the threat.”

A toxicology report has not yet been released. It would indicate if Pacheaco was under the influence of any substances.

Queried about Pacheaco’s criminal record, which included stints in jail and arrests for drugs and armed auto theft, Haltzman said that was immaterial since police didn’t know anything about Pacheaco when they approached the truck.

Casillas said, “To protect the integrity of the investigation, additional information is not available for release.”

(credit: CBS)

Captain Mike Gross, operations commander for the Glendale Police Department said the two officers involved are on administrative leave with pay. He said he could not weigh in on the investigation since it was being conducted by the Denver Police Department.

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“We don’t investigate our own officer involved shootings,” said Gross.

Brian Maass