Footage of California rapper’s death at a Taco Bell contradicts police narrative, say relatives who have seen it

Willie McCoy, the 20-year-old rapper killed by Vallejo police, did not appear to be awake when officers began shooting him inside his car, according to family members who viewed police footage of the killing on Wednesday.

McCoy, whose death at a Taco Bell drive-through sparked national outrage, seemed to move his hand in his sleep to scratch his shoulder before the six officers opened fire and killed him with a barrage of bullets, his family told the Guardian shortly after watching the video.

“They killed him in his sleep,” said David Harrison, McCoy’s cousin, who was one of three relatives to watch the body-camera footage of the 9 February killing. “He scratched his arm in his sleep. And they murdered him. There is no justification.”

Vallejo officials brought the family in to show them the footage for the first time on Wednesday afternoon, but barred the family’s attorney from viewing it and have not released any videos.

The life and death of rapper Willie McCoy, 'executed' by police Read more

A police spokesperson told the Guardian that McCoy “was not sleeping during the entire incident”, writing in an email: “He woke up on his own and sat up, reach [sic] for the handgun when the officers told him to show them his hands, then the officers fired.” The spokesperson refused to share the video.

The family said the close-up footage of the encounter contradicted parts of the police department’s story.

Police have said officers were responding to a call about a man “slumped over” in his car at a Taco Bell, and that when they arrived, they found him “unresponsive”. The department alleged that six officers all fired their weapons at McCoy out of “fear for their own safety” when he “quickly moved his hands downward” for a handgun in his lap.

But Marc McCoy, Willie’s older brother, who also watched the footage, said he did not see Willie open his eyes, he did not at any point appear to be alert, and he may have groggily moved just before he was killed. The officers were also calmly talking to each other before the shooting and did not seem to make any attempt to wake him up or give any orders until the movement of his hand to scratch himself, Marc said.

He said: “They never looked threatened. They never feared for their lives … There was never any attempt to resolve this in a peaceful way.”

Play Video 1:59 Friends speak out about the police killing of Willie McCoy – video

Before they opened fire, the officers also noted to each other that the gun did not have a clip in it, which meant it could have been empty or at most had one bullet in the chamber, the family said. While Willie was still asleep, one officer said to another officer, “‘If he moves …’” and then gestured his head in a way that seemed to signal: “‘You know what to do,’” Harrison recounted.

“There was no way Willie was leaving there that day, period. He wasn’t going to leave alive. They made their minds up,” added the 48-year-old, who helped raise Willie.

Witness footage filmed from a distance that spread days after the killing captured a sudden and rapid succession of bullets over a few seconds, followed by the officers shouting: “Let me see your hands! Put your hands up!”

The officers never tried to make it clear to Willie that they were police, added Marc. At the meeting Wednesday, he asked the officials what their protocol was for this kind of situation, and they said “their process was to de-escalate”, he recalled.

“They did not de-escalate. They caused violence,” Marc said.

The police spokesperson did not respond to the Guardian’s questions about the family’s recollection of the officers’ conduct and comments on the video.

Police officials also told the family the shooting was justified and the officers were back on duty, according to the family. Harrison said he asked if the officers were drug-tested after the shooting, and that the officials responded that the department did not do that.

Melissa Nold, the family’s lawyer who waited outside while they watched the footage Wednesday, said it seemed the video raised new questions about the police tactics when they approached the car: “It doesn’t sound like there was any plan in place. You can’t just shoot somebody when they move.”

Considering their descriptions of the footage, Nold added: “I don’t know if Willie ever knew what was happening. I think he was gone before he ever would have had an understanding.”

Relatives who viewed Willie’s body previously said it appeared he had been hit by roughly 25 shots, including in his face, throat, chest, ear and arms.

Willie was a beloved rapper in the Bay Area, and his friends and collaborators have said his career was taking off when police killed him.

“I understand why they don’t want attorneys to see it and why they don’t want to release it to the public,” Harrison said about the footage, adding: “It did not look like someone was scared for their lives … They had intentions to kill Willie. That’s what I’ve seen in that video.”