In July 2013, a Broward County deputy sheriff shot and killed Jermaine McBean after shouting at him to drop what turned out to be an unloaded air rifle resting on his shoulder. The officer swore under oath that there was nothing stopping McBean from hearing his orders. A photograph taken by a witness has emerged, however, that appears to show McBean lying on the ground after he was shot, wearing earbuds. The New York Times reports that police records indicate the earbuds “somehow wound up in the dead man’s pocket.”

A federal wrongful death lawsuit filed on May 11 accuses the deputy who shot and killed McBean of perjuring himself and the Broward Sheriff’s Office of tampering with evidence and obstructing justice. Since 1980, on-duty police have shot and killed 168 people in Broward County. “The court never goes against the police,” Rajendra Ramsahai, whose brother-in-law was killed by a Broward County deputy last year, told the Times. “They are always ruling in the officer’s favor.”