Las Vegas, NV (KTNV) -- Surveillance video from the shooting inside Drai's After Hours nightclub at Bally's Las Vegas was released on Wednesday.
The defense team for the alleged gunman, Benjamin Frazier, spoke with Action News about the video.
They said they believe their client does not deserve a first degree murder charge, and said the surveillance video only shows one piece of a bigger picture.
The defense team said it's waiting on blood results because they believe on that night Frazier was on a number of pills and had been drinking, which impaired his judgment.
They also said that night in the club Frazier did not intend to kill anyone. They said if he had gone in there with the intent to murder people, three people would have been dead instead of one.
The video shows Frazier was attacked from behind by the man who ended up shot to death.
"There's two issues: Whether there was an intent to actually murder the person he didn't know was going to jump from behind, and whether that gun went off in the scuffle or if it was actually intentional, as well as the medications that he was on becoming mitigators for this," said Vicki Greco, attorney.
Frazier's defense team said he does not remember what happened that night because he suffered a head injury.