It started as an early morning gas station robbery in Modesto and ended with a suspect shot dead by police.
Early Saturday morning, Officer Mike Callahan was fueling up on East Briggsmore Avenue when he caught 22-year-old Gino Paredes allegedly robbing the market.
Police say the veteran Modesto Police Officer confronted Paredes then fired several rounds.
One of the only witnesses captured cell phone video showing the moments after the deadly shot was fired. He doesn't want to be identified.
"He shot him a third time and that's pretty much I think what killed him," said the witness.
Police initially said Paredes was masked and armed. Tuesday investigators confirmed he was carrying an Airsoft pistol painted black.
The witness believes Paredes cooperated with the police officer.
"The officer asked him again put his gun down, but he already threw it, and that's when the officer decided to shoot him," he said.
He questions why so many shots were fired, saying "I was surprised he shot him a third time. He could have just wounded the suspect and maybe Tasered him."
Paredes' father said he doesn't excuse his son for what he did, but posted on FOX40's Facebook page that he "believes his son should have gone to jail not heaven."
Three separate investigations into the incident have been launched.
Callahan is on paid administrative leave, which is standard procedure.
The suspect had a lengthy criminal past. Modesto police say he was most recently arrested on burglary charges but was released early due to Prop 47.
Video of the robbery: