man. and his face crumbled up. >> reporter: esteban in the passenger seat was shot in the head by an humble police officer. joaquin's cell phone recorded the conversation. >> we've got to give up now. no, man, that's the police. take these guys out? >> no! no man, please. he told me to just shop. you don't have to shoot him. >> attempted to break the window out with his handgun. at that time his handgun accidentally discharged fatally shooting the suspect. >> reporter: now two days later standing side by side with a community activist, the surviving brother doesn't make excuses for the crimes he was committing or the two previous times auto theft and other felonies have landed him and his brother in jail. yes, they want the officer's tactics investigated, they also also offered esteban as an object lesson for other aspiring criminals. >> if you decide to go and commit crimes, know that before you go, you may be putting your