Transcript of He called 911 for help. Then a Las Vegas police officer shot and killed him

Today, community activists will rally outside Las Vegas City Hall to get justice for Brandon Durham. He was 43 years old, a realtor, a father. Durham was shot by police last week after he called 911 to report a home invasion. Now, a warning that what you're about to hear is disturbing.

He's trying to kill people. Who's trying to kill people? These two people out here are shooting guns in my house. Did they shoot it at your house? Yes. How long ago? How many minutes? Right now. Right now. Wait a second. So were you shot or how are you injured? I've heard. I don't know. I don't know. I got my hand caught because everything is what is happening right now. I'm getting to what he's doing.

Now, when officers showed up, he was struggling to get a knife from a woman, and that's when an officer fired six shots at Durham. He died. The woman was Alejandra Boudreau. She later told police that she was in a casual relationship with Durham. She's been charged with assault with a deadly weapon, home invasion with a deadly weapon, domestic violence, and child abuse. The officer who killed Durham is on administrative leave, but Durham's family wants him arrested and charged. With us now are Brandon Durham's sister, Diane Wright and attorney Lee Merritt. Welcome to you both. Diane, when you see that video that we just played a bit of, that body cam video, what do you feel? What do you think?

It is It is heart-wrenching. It is heart-wrenching hearing the terror in his voice. I was actually able to see the uncut version, seeing the look on his face. It is completely heartbreaking. I can't get the image out of my head. It was truly a disservice.

Attorney Merritt, police acknowledge, and this is one of the more interesting details about this, disturbing even, is that they responded to a call to Durham's house the previous day. Las Vegas Police PD says that on that day, Durham called police and Boudreau agreed to leave. Was the officer who fired the shots that killed Brandon Durham, was he there the day before?

We're still trying to figure out everything that was involved in the previous call from the day before. We know that it was Las Vegas Metro PD, so they would have had a description of Brandon, as well as at least the assailant from the previous day. The law enforcement has not been forthcoming and turning over that police report, although they're sharing snippets with the media. We want to know if it was officer Bookman who was there as well. We just don't know that yet.

The general counsel for the Las Vegas Police Department told CNN this week, unlike a civil case in which an individual's negligence is at issue, criminal cases require proof of a person's criminal intent. While Mr. Durham's death is tragic, officer Bookman was doing his job and did not intend to commit a crime. Do you believe that there is criminal intent or that it's even necessary in this case?

The reason I think they're talking about how things move differently civilly than criminally is because they see this as a civil mistake. But we saw how they treat criminals with how they treated the intruder. Here, police officers are simply not allowed, permitted under the Constitution, under the law, under common sense to use deadly force unless they're confronted with deadly force or unless someone else is being confronted with that. So Bookman doesn't have the excuse that he was doing his job because his job was to go in there and protect the homeowner, to make a reasonable assessment of the facts, and to behave as a reasonable police officer under those circumstances. And I just don't think he did.

Diane, I want to read more from the police report. After the shots, Boudreau told the officer that he shot the wrong person person. She told police, I wanted the cops to shoot me dead, and I wanted Durham to live with the wreckage that I caused in his house. That, according to what we're getting from the police Department, the intent was suicide by cop, but instead her alleged scheme ended with your brother's death. When you read that and learn that, what's your reaction?

Again, this is all news to me. I had no idea what was going on regarding that. All I'm able to see is the aftermath. And again, my intent, it just keeps going back to witnessing my brother and the tragic way that he was taken down and murdered by the police. I am unable to fathom and comprehend how this even went so horribly. It is completely, I keep repeating it, it is heartbreaking. His family loved him. He loved his family. There is nothing he would not have done for his family. He was ripped away from us. The whole situation was extremely tragic.

And he was a father, his 15-year-old daughter, I believe I read, was at the home at the time. How is she doing?

She's doing her best to be strong during these challenging times. She's as well as can be expected. That her father was her sole provider at that time. He was everything to her, and his life was ripped away way while she's down the hall in her room while his life is being taken from him after calling for help. Like he is supposed to do, like a good citizen would do. He's calling for help to get assistance, to try to defend his home, protect himself, protect his daughter. And we all see what the result of that came out to be.

Diane Wright, our condolences on the loss of your brother, attorney Lee Merritt will continue to follow this case. Thank you both for being with me this morning.

Thank you, Victor.