Judge rules Scottsdale officers used excessive force

After a series of gunshots, David Hulstedt is seen falling to the ground in video taken from a neighbor who recorded the incident.

The Scottsdale police shooting happened in November 2008.

The day of the shooting, ABC15 obtained the video from Michael Pospisil who was ordered by officers to stay inside his home.

Pospisil grabbed a video camera and hit record.

"He (Hulstedt) was holding the baby over his head and they start yelling put down the baby, put down the baby," Pospisil said at the time of incident.

Hulstedt was threatening to thrown his daughter to the ground according to investigators at the time of the incident.

Hulstedt was holding his 2-year-old daughter above his head and as he turned his back to officers, they fired, striking his spine and paralyzing him.

In the video, officers can then be seen handcuffing and dragging the man away from his home.

When Hulstedt was shot, he dropped the girl which led to a skull fracture.

According to court documents, a judge ruled the officers used excessive force on Hulstedt by shooting the unarmed man without warning.

Published reports state Hulstedt's family is suing Scottsdale for $40 million and that the Scottsdale man still faces criminal charges related to the incident.

A Scottsdale Police Department spokesperson said they could not comment on the situation as the case moves its way through the courts.