FORT LAUDERDALE (CBSMiami) – Dash Cam video obtained exclusively by CBS4 shows the final moments in the life of murdered, 36-year-old tow truck driver David Herr.

The video ends when the accused gunman is seen pulling out his weapon and Herr shouts, “Are you serious?”

CBS4’s Peter D’Oench says the chilling video is some of the most compelling evidence in the Broward State Attorney’s case against 31-year-old Triston Johnson, who is accused of shooting and killing Herr when he tried to pick up his Jaguar because he was told it was parked illegally.

The Dash Cam video shows Herr driving around the parking lot of the St. Croix apartments in Lauderdale Lakes just before 3 p.m. on the afternoon of August 6th. Herr scans the parking lot and picks up his radio and calls a dispatcher at All County Towing.

“101 to 13,” he says to the dispatcher. He tells the dispatcher, “We need to pull it out of the garage.”

A second camera angle shows Herr’s truck backing up and hoisting the car in order to remove it.

Suddenly, police say, Johnson approached Herr and the video shows them having an argument for a few seconds.

Then the video shows a frightening image: Johnson pulling out a gun.

“No,” Herr yells out.

“Drop the car,” Johnson is heard saying on the tape.

“Are you serious?” Herr asks.

That’s where the image is frozen. State law forbids the public release of video that shows a homicide being committed. It will be up to the State Attorney’s Office to show jurors in this case the rest of the tape when it goes to trial.

BSO detectives say as Herr walks away, he is shot in the back of the head and then shot at several times as he lies on the ground. They say Johnson is later wounded after firing at  BSO deputy.

Johnson has four charges against him, including two counts of aggravated assault with a deadly weapon, first degree murder and the attempted murder of a BSO deputy.

Johnson faces another hearing in January.

No date has been set for his trial.


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