Photo possibly leaked in police shooting

ALBUQUERQUE (KRQE) - An investigation is underway after a source says that a photo from an officer-involved shooting , showing the body of the man killed, was released by a state cop.

The source says a state police officer took the photo of the body in the crime scene on his cell phone and then shared it with others.

State police will not confirm if the photo is a real photo in the death of Samuel Pauly, but say they are looking into it.

Sources say the photo was leaked from an officer KRQE News 13 confirmed was at the scene.

It was last October when police say Samuel’s younger brother Daniel got into a road-rage incident on his way to the Glorietta home the brother's shared.

Daniel Pauly went home and not long after cops showed up.

The Pauly's attorney maintains the brothers did not know it was officers outside of their home and thought someone involved in the road-rage incident had come to confront them.

Police say the bother's armed themselves and Daniel fired a warning shot.

Cops shot back and hit Samuel Pauly as he stood in a window, killing him.

The source also sent KRQE News 13 a picture reportedly of the window the bullet struck.

As far as the photo of the body, the police report does describe Samuel Pauly's body laying in a similar position and with similar clothes as this leaked picture.

The source also has emails between a state police major and the source talking about the investigation into the picture.

The Pauly family attorney says he does not know if the picture is real. But he says an agency other than state police needs to conduct the investigation and that if the photo is real the public should be outraged.

A state police spokesperson says they have contacted the district attorney's office to see if the photo is real.