Devon Smith surrendered to a SWAT team last Friday in Austin, Texas.
Smith and an unidentified man reportedly barricaded themselves inside a house. When the men refused to come out of the home, the Austin SWAT team was called.
Smith eventually came out of the home with his hands up, but was shot with non-lethal bean bag pellets by the SWAT team in a video (below) filmed by KEYE.
Austin police claim that Smith was carrying a knife, but he doesn't appear to hold a knife in the video. Police also claim a second knife was found in his pocket.
“Having your hands up is not being compliant completely. And you're being given other commands like get down on the ground, keep your hands where we can see you and if you're not doing those things you're not being compliant," Austin Police Officer Surei Scanlon told My Fox Austin.
After Smith was fired upon, a crowd of spectators reacted with shock.
"You have to take into consideration they didn't see what the officer saw, when the guy went to the ground they didn't see the knife, they didn't see from their perspective, all they are seeing is us impacting him," Austin Police Lt. Katrina Pruitt told KEYE.
"This gentleman had a warrant for his arrest," claimed Lt. Pruitt. "His intent was to not be taken into custody."
Smith was originally wanted for an alleged probation violation and evading police, but has now been charged (additionally) with attempted capital murder for allegedly trying to stab an officer in the head with a knife.