sheriff bob gaultieri -- walked through the entire investigation -- showing pictures of the scene -- and a gun holster -- proving his deputy's story was a lie. "he has to have taken his hands, come around like this, been able to, while handcuffed, do this, do this, do this, and then get the gun out -- didn't happen." all while being 3-and-a-half times the legal blood alcohol limit -- on top of that -- another deputy was on the scene -- who says tompkins holmes he turned away for only two seconds when the shots were fired. not enough time for a struggle -- which the audio didn't capture anyway -- "this is all inconsistent with deputy virden's version of events." tonight, the sheriff is defending his own actions as well -- on the morning of the shooting -- he defending the shooting -- explaining the deputy was in fear of his life - saying he gave the public the information he had at the time. "this is a 180, but it's a 180 because the man lied. and i get it, i hear you, but that's just what happened." clifton french reporting. coming up later.. in tonight's abc primetime lineup on chan

justification for the shooting and what is worse, the sheriff says the deputy lied >> sheriff bob gaultieri says timothy virden is a 19-year veteran who up to now had a spotless record, but he says one question he may never be able to answer is why his deputy shot a man who never tried to resist arrest. >> on the night of december 30, deputies led this man to the back of a cruiser. >> he was a mouthy drunk and not bad compared to what we usually hear. >> you hear the 26-year-old taunting one of the deputies and then you hear the deputies' reaction. >> deputy timothy virden shot the man twice and then utter a profanity. that same day as facts was that holmes took the deputies gun out of his holster and then attempted to shoot him but the sheriff says it was just not physically possible. >> while handcuffed be able to do this and this and then this? didn't happen. >> especially with a blood alcohol of .28. and the other deputy standing behind the cruiser at the time says he never heard a struggle over the gun. when the investigator asked why he shot the suspect even after getting his gun back