"I don't know why they shot me:" Man speaks out after being shot by police near 29th and Wisconsin

NOW: “I don’t know why they shot me:“ Man speaks out after being shot by police near 29th and Wisconsin

MILWAUKEE (CBS 58) -- A man shot by Milwaukee Police on the rooftop of a garage this summer is speaking out for the first time today.

Back in late August, Jerry Smith was involved in a chase with Milwaukee Police that started near 29th and Wisconsin and ended in the alleyway on the roof of a garage. 

"I really don't know, I don't know why they shot me." 19-year-old Jerry Smith was involved in a pursuit that ended when at least four officers surrounded him. Two of them opened fire.

"They said have your hands up and I had my hands up. My phone was in my right hand. I wasn't resisting, there was four of them up there with guns before they shot me," Smith said.

Smith says he was trying to call his mother.

Video from a neighbor shows the moments leading up to Smith being shot twice. The first wound was to his abdomen where the bullet is still lodged in his hip. Another grazed him on the head.

"When you look at the wound on Jerry's head, it's vertical. The only way that bullet could have creased him and wounded him like that is if he was down. He had to have been bent over when that shot was fired," said Daniel Storm, Private Investigator for Smith.

Smith was with a friend when two officers on bikes tried to stop him. Smith says he ran because he was scared and denies having a gun.

The two officers who shot at Smith are on administrative duty. They are a 33-year-old with 3.5 years on the force and a 28-year-old with a year of experience. The Milwaukee Police Department says the investigation has been turned over to the DA's office. No charges have been filed against Smith or the two officers.

"I'd like to see Chief Flynn train these officers, I mean a cell phone is not a gun, any more than a grape is an apricot," said Walter Stern, Smith's lawyer.

Smith's lawyer and private investigator say they're waiting for final word from the DA so that they can get access to police reports. 

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