Attorney Ben Crump to represent family of 26-year-old shot, killed by Orlando police officer

ORLANDO, Fla. - Attorney Ben Crump will represent the family of the 26-year-old that was shot and killed by an Orlando police officer earlier this week, FOX 35 News confirmed Wednesday. 

The shooting happened shortly before 2 a.m. Monday near Jefferson Street and North Orange Avenue in downtown Orlando, Chief Eric D. Smith said. He described this area as a "hotspot for criminal activity." 

Police said in a news release that officers were conducting a "proactive patrol" in the area when they became suspicious of drug activity and attempted to pull the man over. The man allegedly refused officers' commands and then "made a movement as to retrieve a gun," police said," which led to the officers to fire their weapons. 

The man – later identified as 26-year-old Derek Diaz – died at the hospital.

Photo: Derek Diaz's family

At an earlier press conference, Chief Smith told reporters a gun had not been recovered, but that the case was still under investigation. It's not known if police ever found a gun at the scene. 

FOX 35 News reached out to the Orlando Police Department on Wednesday for an update and a spokesperson said the investigation was turned over to the Florida Department of Law Enforcement. 

No Orlando police officers were hurt in the shooting. The officer who fired their weapon has been placed on paid administrative leave, which is standard procedure after officer-involved shootings.

Crump, who is also retained by the family of Ajike "AJ" Owens, the woman allegedly shot and killed by her neighbor in Ocala last month, released a statement Wednesday about his involvement with the Diaz case: 

"It is heartbreaking for Derek’s family and his little girl to go through this traumatizing loss without much detail or explanation. The most respectful way for the Orlando Police Department to respond to this tragedy is with proactivity, and ultimately, transparency when communicating with the family and the Orlando community. We have been told that footage of Derek’s deadly encounter with police will be available to the public within 30 days, but his family is owed that closure immediately."

On GoFundMe … Diaz’s mother wrote, "My heart is torn apart; I lost my best friend, my everything, MY ENTIRE WORLD in the hands of people that are supposed to protect us not kill innocent people."

The incident was captured on the officer's body camera, police said. The footage will be available to the public within 30 days, per policy.

Crump and Diaz's family plan to hold a press conference soon, but the date hasn't been set yet, FOX 35 News has learned.