A month after Colby Friday was shot and killed by a Stockton police officer, his family held a vigil to bring attention to his killing. On Friday, balloons, candles, and a sign that read ‘Justice 4 Colby Friday’ decorated the corner where the 30-year-old man was shot.

Felicia Faulks says she saw it all happen the afternoon of Aug. 16th from her window.

"(The officer) didn’t say nothing else to him, nothing. He just said ‘I'm gonna shoot you in the back,’ and then gunfire," Faulks said.

According to the Stockton Police Department, Friday dropped his gun and an officer told him not to pick it up. Despite the orders, Stockton police say, Friday bent over and picked up the gun, and that's when officer David Wells shot him.

Faulks says that's not what she saw.

"There was no gun in his hand, I promise you," she said. “There was no gun in that man’s hand when he was shot.”

She says Friday and the gun were separated by a locked gate after he and the officer ran all the way around the building close to Jamestown st.

"As you can see you can only get to the back of the store one way, is to go all the way around this way," Faulks said. “When I saw the gun next, it was in the corner of the grass."

Stockton police posted on its Facebook page a picture of a handgun, along with a post explaining that Friday was being sought by police because he was the suspect in a robbery investigation.

Later that night, the department posted an update stating Friday matched the description of a domestic violence case suspect, not a robbery, but that after investigating, they found he was ‘not the actual suspect.’

The post went on to describe Friday as a documented gang member with prior arrests.

On Friday, a Stockton Police Department spokesperson said the case is still under review by the San Joaquin County District Attorney’s office and they could not comment on it.

Faulks says the shooting she saw was not justified.

"That police man, that was a murder,” she said.