Surveillance video from an Ohio Walmart shows that a man fatally shot by police earlier this month had his back to officers and was talking on a cell phone, an attorney for the man's family says.

John Crawford III died Aug. 5 after Beavercreek police responded to reports of an armed man at a Dayton-area Walmart. Crawford was not armed — he had a pellet gun with him, which he had picked up in the store's toy department. Attorney Michael Wright said that the video, which he was allowed to view with the man's family, contradicts statements by police and witnesses that Crawford ignored commands to drop the gun and “looked like he was going to go violently.”

“John was doing nothing wrong in Walmart, nothing more, nothing less than shopping,” Wright said in a statement. He said the 22-year-old father of two was shot "on sight" in a "militaristic" response by police.