MIAMI (WSVN) — The attorneys for a man hospitalized after he was shot by police spoke on their client’s behalf about what they said happened during a traffic stop.

Francisco Trejo has only been in the U.S. for a few months but his current view is inside his hospital room at Jackson Memorial Ryder Trauma Center. He’s currently shackled to a bed, guarded by police, and with a police department bullet lodged in his body. 

Miami-Dade Police said the driver did not follow orders, which forced the officer to use his weapon, Monday night.

The officer who shot the driver was wearing plain clothes and rode in an unmarked vehicle. "This man was unarmed," said attorney Judd Rosen with Goldberg and Rosen, outside the hospital, Thursday afternoon. "He was approached by police officers who were in an unmarked car. They were not wearing uniforms. They were in plain clothes. They didn’t give him any opportunity to respond to commands, and they simply shot him in the streets of our community."

What happened in Northwest Miami-Dade Monday night wasn’t a simple situation, according to police. "The driver began making abrupt movements inside the vehicle, as if he was reaching for something," said Miami-Dade Police spokesperson Jennifer Capote. "The officers continued to make lawful demands to please stop, at which point, the officers, in fear for their safety, continued to yell to please lower the windows. The driver of this vehicle refused, and the officers were forced to fire."

The driver was rushed to JMH after he was shot by the officer during a traffic stop near 25th Avenue and 90th Street in Northwest Miami-Dade. 

Miami-Dade Police Benevolent Association President John Rivera said that even though Trejo was unarmed, the vehicle itself could do some damage. "The vehicle is moving. The vehicle is a weapon," he said. "You know, a lot of people don’t think that, that a vehicle is a weapon."

Trejo’s attorneys, Judd and Brett Rosen, see the situation in a different way. They said the shooting of their client, who came here from Cuba eight months ago, was unjustified, and they are seeking damages. 

7News reached out the PBA’s president for further comment after the victim’s attorney’s spoke but have yet to reach Rivera. 

Join our Newsletter for the latest news right to your inbox