SAN DIEGO — Steffon Nutall was on the phone with his cousin when San Diego Police Officer Robert Gladysz yelled at Nutall to put his hands up.
"Show your f***ing hands," yelled Officer Gladysz.
Four seconds later, Gladysz opened fire, shooting 11 rounds at the 29-year-old Nutall. He was hit four times. Nutall's 11-month-old daughter was a few feet from her dad when he was shot.
Nutall was severely injured.
His cousin, Sanyte Hailemariam, and her brother who was on the phone with Nutall were on their way when they heard the shots over the phone.
"My brother heard the shots that rang out, and he had assumed that Steffon [Nutall] was shot by the police, and honestly, at that time, at that time, we thought Steffon was dead."
Nutall was not dead, however, and is now suing the city of San Diego over the shooting that the lawsuit claims has left him permanently disabled.
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A 911 Kidnapping Call
At 10:20 p.m. on May 19, San Diego Police Dispatch received a call from Nutall's ex-girlfriend and mother of his 11-month-old daughter.
The girlfriend told dispatchers that Nutall was threatening to shoot her and everyone else if the police came.
Nutall then grabbed his 11-month-old daughter and left the south San Diego home.
Police searched the area for Nutall and his daughter. Officer Gladysz later found him lying on a hillside next to a Chollas View apartment.
His body camera captured the interaction between Gladysz and Nutall. The footage shows Nutall standing up when Officer Gladysz yelled at him. Nutall was facing downhill and held a black object, later determined to be his phone in his right hand.
Seconds after the shooting, Officer Gladysz told other officers on the scene that Nutall had a gun.
"He pointed the gun at me, yeah," said Gladysz.
Gladysz and other officers found Nutall at the bottom of the hill, bleeding from the gunshot wounds. They also found Nutall's 11-month-old girl nearby, crying.
Nutall was arrested and now faces several charges including, assault with a deadly weapon, child endangerment, burglary, criminal threats, and felon in possession of a firearm.
But Nutall's cousin, Hailemariam, says San Diego Police are not telling the complete story. Hailemariam, acting as Nutall's spokesperson, says her cousin and her entire family want Officer Gladysz to be held accountable for the shooting as well as for endangering Nutall's young daughter during the shooting.
'It Just Seemed Like He Came to Shoot'
In an interview with CBS 8, Hailemariam admits that her cousin was not emotionally stable at the time of the 911 call.
"Stefan was frustrated with the situation that was going on with his child, and that he was going to go over there to try to pick up his child because he was feeling like she was unsafe at that time," said Hailemariam.
She says that Nutall was concerned about his daughter and because of his upbringing is protective of his children.
"He didn't have the most wealthy upbringing but he always made a way," said Hailemariam. "Since having his children, he's shifted more to being completely family-oriented and being a provider for his children and his family. When it comes to him in general, he's very courageous and selfless and extremely family-oriented."
Hailemariam says the man she heard over the 911 call was out of character for her cousin.
"We never got any inkling that he was capable of anything like this," said Hailemariam. "I feel like he was pushed to his edge because his child was involved. That would be the only thing of that nature to bring him out of his character."
Hailemariam as well as the lawsuit say Nutall's actions at his ex-girlfriend's apartment, regardless of how out of character they may have been, does not mean Officer Gladysz had due cause to fire his weapon that night.
"He was there to protect his child, and then at the end of it, he ends up getting shot and going to jail," said Hailemariam. "This could have had a very different outcome had San Diego Police done a better job of handling the situation. The officer was trigger-happy and shot too quickly."
Hailemariam says Nutall, currently in jail awaiting trial, is in a wheelchair and does not have full movement in his limbs.
She says that through his lawsuit he wants change to ensure San Diego Police employ de-escalation tactics in these instances.
"Training should be a lot tighter," said Hailemariam. "It's the police officer's job to come to situations and assess. It didn't seem like he spent a lot of time assessing anything. It just seemed like he came to shoot."
Attorney Hannah Hopson represents Nutall in his lawsuit against the city.
Hopson says the officer shot first and asked questions later.
"The officer did not follow the procedure on that night," said Hopson. "He reacted way too quickly and didn't even let Mr. Nutall get to his feet before firing."
Hopson as well as the family hopes the district attorney will pursue charges against Officer Gladysz, "They see a black man who is allegedly a threat to the community, and they shoot to kill," said Hopson. "I think the officer needs to be charged. He claimed that Mr. Nuttall had a gun. He did not have a gun at the time he was shot."