EMBED >More News Videos Sahleem Tindle was killed on January 3 by a BART officer. The family has reviewed the body cam of the officer and are now asking the District Attorney to file criminal charges against the officer.

OAKLAND, Calif. (KGO) -- Bodycam video of a BART police shooting has been released. Twenty-eight-year-old Sahleem Tindle was killed near the West Oakland station last month. Warning -- the video in our story is graphic.The video was recorded when police showed Tindle's family the footage from the Jan. 3 incident.Investigators say the BART officer heard a gunshot and saw Tindle fighting with another man. The officer yelled for them to stop and then opened fire.But Tindle's family maintains the officer shot before seeing that Tindle had a weapon -- they're now suing the BART Police Department.Their attorney spoke to us Tuesday afternoon."It's pretty clear when I saw the video that Mr. Tindle was shot multiple times in the back at a time it was not apparent that he had a weapon at any kind," said attorney John Burris.Investigators did recover a gun at the scene but it is unclear who it belonged to.The other man involved in the fight did suffer a gunshot wound.Oakland police are investigating and released this statement: