On Tuesday, Randolph County Superior Court Judge Brad Long said the police dashboard video filmed the night of Smith’s shooting did not show Smith being shot. WRAL News, The Associated Press and The Daily Tar Heel were among other outlets that sought to have the video released.

Last month Smith, a UNC junior, died at High Point Regional Medical Center. The Archdale Police report says Officer Jeremy Paul Flinchum fired four shots in rapid succession after a “confrontation ensued.”  Smith had been shot twice in the abdomen, and once each in the arm and leg.

Smith was shot less than a minute after being pulled over, and whether Smith indeed did have a gun or evidence of a confrontation have not been made clear through the released audio tape. Randolph County Assistant District Attorney Andrew Gregson has not commented about the videotape. No charges against the Flinchum have been filed, but both he and the other responding officer have been on paid leave since the August 23rd shooting. Should Gregson decide to not press charges against Flinchum, the video will be immediately released.

Long ruled that releasing the video would jeopardize the investigation, an investigation that the SBI has not yet completed. Long has allowed the release of the unedited copy of the 911 call Smith made before being pulled over.