tonight attorney john burris says the six-year veteran of the department was not properly equiped for this incident. >> through a confidential inside source that the officer was required to have his baton and his taser with him, and he had neither. >> according to burris, this is a key detail because officer wall legion -- wally jenson could have used non-lethal force if he had it available. >> not having baton or pepper spray or any of that, is that a requirement by the department or a state requirement? >> it is not a state requirement, of course not. departments have policies, and they have these policies and it is for a particular reason. >> richard perez was outside uncle sam's liquor when officer jenson intervened. perez was acting belligerent so officer jenson said to sit on the sidewalk while he performed a records check and that's when the officer was attacked. attorney john burris tells a different story. >> the officer was trying to put handcuffs on him and he did resist that. the officer for whatever reason pulled out his gun and shot him. he was not within a foot. he was

. >> reporter: east bay civil rights attorney john burris has filed a lawsuit in federal court against the city of san jose blaming police officers for delaying medical attention for a wounded teenager -year-old gerardo jorge medina, a 16-year-old teenager, a delay they say cost him his life. medina was on a party in june of 2013 when he was innocently hit in the stomach by stray gunfire. his friends put him in a car and drove him to the hospital. but police stopped that car about 4 blocks away at story and white roads. burris says the friends pleaded with the officers to let them take their friend to the hospital. >> the police officers, uhm, did not accept it. they held them at gunpoint. they made all the kids get out of the car. while there, they could see that he was physically injured. they ultimately called a paramedic. >> reporter: burris says the delay took 20 minutes. medina was eventually taken to regional medical center, which is less than two miles from the shooting scene, but was pronounced dead. burris says the teens may have been racially profiled. >> obviously, one of o

. >> reporter: john burris says the nfl knew rice had punched his fiance and that should have been looked at initially. roger goodell spoke for the first time about the elevator video. >> reporter: did you know a second tape existed. >> well we had not seen any video tape of what occurred in the elevator. we assumed there was a video. we asked for video, but we were never granted that opportunity. >> reporter: so did anyone in the nfl see this second video tape before monday? >> no. >> reporter: no one in the nfl? >> no one in the nfl -- to my knowledge and i have asked that same question and the answer to that is no. >> it's a sad day. like i said i pray for ray and janey for their family as they go through this ordeal. >> reporter: rice's wife posted on instagram that she's living a horrible nightmare. janey palmer rice wrote in part to make us relive a moment in our live that is we reyet every day is a horrible thing. >> we've allowed the nfl and its activities to become the number one. >> reporter: brown and burris say the nfl need to do a better job of helping nfl players develop bet

richmond could be looking a lawsuit for the federal officer involved shooting last weekend turning john burrisicer the lawsuit is on behalf of the 24 roles because family burris says the witnesses contradicting the officers description of what happened burris says that would this is never saw richard pres reached for officer's gun. in the meantime moral service being held for prez's afternoon and the park in richmond. >> : sara's please again for help in trying fire missing teenage girl to collect for a 60 year-old rebecca weaver please say she went missing from her house about a club wednesday night officers dacia a medical condition requiring daily medication which she does not have with her. weaver is listed a 5 ft. 8 in. tall pearson's on her ears and nose anyone with any information is asked to call the santa rosa please pardon. bay area to restrain costs out lucas and hurricane are dull styling making tobacco ads across mexico last week leading thousands of people watch as the food watter several hours or some combo are shut down because of the damage and scores of people stranded for da