HOUSTON – Arrested and charged with felony aggravated assault, Julian Carmona was cuffed on April 1 for allegedly pointing a gun an off-duty Houston police officer.
But Carmona and his attorney say a store-front surveillance video proves otherwise.
According to the offense report, officer William Wright states he came across Carmona as he was pulling out of a gas station parking lot and Carmona pulled in.
In the report, Wright also claims Carmona dropped his gun while exiting, picked it up, and pointed it at him for a second time -- leading to his arrest.
A close look at video shows a different story.
"It absolutely, unequivocally does not happen," Jed Silverman, Carmona's attorney said. "The officer stated that in the police report that my client pointed the gun at him and it ain't even close."
Carmona admits he had gun, which his attorney says he has a concealed handgun license to carry, and it accidentally dropped and he put back into his truck. But he says at no time did he point it at the officer, especially given the fact his two kids were inside his truck.
"What's it going to be if they try to put me in jail for something I didn't do?" Carmona said. "I said my kids are in the truck. I said just stop please stop, don't do this. You're scaring them. I don't want them to get scared."
Now, Carmona is working to clear his name with hopes this video will ultimately lead to the charges being dropped.
"Thank god for that video, that it's there. Otherwise, I don't know what would happen," Carmona said. "I just don't see how he has a heart to lie."