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FBI reviewing deadly officer-involved shooting

Posted: 11:46 AM, Dec 17, 2015
Updated: 2015-12-17 21:29:18Z

SAN DIEGO -- The FBI is now reviewing a case involving a San Diego police officer who shot and killed a homeless, unarmed, mentally ill man.

The incident happened April 30, 2015 in the Midway District.

Fridoon Rawshan Nehad, 42, was  shot and killed  by San Diego Police Officer Neal N. Browder, a 27-year veteran of the force who was responding to a 911 call that indicated a man was threatening people with a knife.
 
According to an investigation by the district attorney's office, Browder feared for his life when he fatally shot Nehad, who allegedly advanced on the officer in a menacing manner. It was later determined that Nehad  was carrying a metallic pen, and not a knife .
 
After reviewing the evidence, San Diego County District Attorney Bonnie Dumanis determined Officer Browder was not criminally liable for his actions. You can watch her talk about the findings in the video below:

Fridoon Nehad's story
 
According to his family, Nehad grew up in Afghanistan, was drafted into the Afghan army as a teenager and kidnapped by a group that is now the Taliban.
 
After his release, they sent him to Germany for 14 years for his safety before he joined them to live in San Diego. They said he was getting treatment for PTSD, but would become manic.
 
A records check showed Nehad had a long criminal history, including two cases in 2008 involving felony vandalism and burglary.
 
Nehad's family file claims against SDPD, Chief Zimmerman
 
Not long after the incident, Nehad's family  filed a claim  against the San Diego Police Department alleging use of excessive and unreasonable force, and a violation of the man's civil and other legal rights.
 
The claim accuses Officer Browder of shooting an unarmed man and the San Diego Police Department of covering it up by withholding surveillance video of the shooting. 
 
The family later filed a second claim against San Diego's police chief, Shelly Zimmerman,  alleging she encouraged a 'code of silence' culture  in the police department.
 
Media petitions for the video's release
 
The surveillance video, which was from a nearby business, has been a key piece in all of this and is the only known video of the incident. Officer Browder was wearing a body camera, but did not turn it on.
 
Sources who had seen the video before it was released  questioned the officers' response . They told 10News it did not appear Nehad had been threatening the officer.
 
Local media outlets, including 10News, petitioned for the video's release, contending it was a matter of public record and that the conduct of a police officer, as a public official, is subject to public scrutiny. Police contended the video was part of an ongoing investigation and should not be released.
 
When Dumanis declined to file charges against Officer Browder, which meant the video was no longer part of the ongoing investigation, local media involved in the petition stepped up its effort to get the video released to the public.
 
On Dec. 15, a judge ruled the video be released to the victim's family. The family has not released the video to the public.
 
Team 10 has been following this story closely -- you can find more coverage  here .