Last Updated Jun 27, 2018 7:16 PM EDT
EAST PITTSBURGH, Pa. -- Authorities in Pennsylvania released Wednesday surveillance video of the drive-by shooting that led to last week's fatal police shooting of.
Officials say the video shows Rose was not the shooter.
while running from an officer who was charged Wednesday with criminal homicide.
Pennsylvania's Allegheny County District Attorney Stephen Zappala did not mince his words as he announced the charges against 30-year-old Officer Michael Rosfeld.
"It's an intentional act, and it was done recklessly, and there is no justification for it," Zappala said.
Zappala said Rose was unarmed and did not pose a threat when he fled from the car.
"Rose shows his hands, turns and runs. He is not in possession of a weapon," Zappala added.
The criminal complaint says Rosfeld was inconsistent about why he fired. He first told detectives he "saw something dark he perceived as a gun." Then he said that "he did not see a gun." In a third statement, he said that he was "not certain."
Patrick Thomassey, Rosfeld's attorney, says he does not see Rose's death as a murder case.
"I think the law is clear that he had a right to shoot," Thomassey said.
Rose's mother was visibly emotional Wednesday, so her attorney spoke for her: "[Rose] found himself in the wrong place, at the wrong time and that in no way to justifies his murder."
The fatal shot that hit Rose was to his back. Rosfeld is out on bail, but is on house arrest. The actual shooter in the drive-by was also charged Wednesday.