OKMULGEE COUNTY, Oklahoma - Monday, the Oklahoma Highway Patrol released a snippet of video from the weekend shooting death of Nehemiah Fischer. They said it clearly shows Nehemiah attack a trooper before he was shot and killed.

Nehemiah's family, however, said he was a preacher and a kind, loving man who would never attack a trooper.

However, the troopers' attorney said Nehemiah wore a gun on his hip, shoved the trooper to the ground and held his head under water when he was shot and killed.

OHP said it's clear both troopers - Mark Southall and Michael Taylor - were in uniform and had their police lights on when they responded to a stranded motorist call on a public road.

They said the troopers repeatedly hollered at and used their intercom system to tell the men to leave the truck in the rushing waters and get to higher ground, but the men initially refused.

OHP said when Nehemiah and Brandon Fischer came out of the water Nehemiah lunged at one of the troopers.

The attorney for the troopers, Gary James, said Nehemiah had a gun on his hip and held the trooper's head under the water when both troopers fired shots.

"You can even hear it on his body mic. It is on at first and then it goes dead and goes in and out because it's underwater and this guy is on top of him, trying to kill him and his brother is screaming and cursing. They're portraying these guys, they might be great guys, I don't know, but they're obviously cursing state troopers and Nehemiah attacked the guy because when he gets up to him, it's well enough lit that he knows he's knocking a state trooper to the ground and on top of him," James said.

Also Monday, Fisher's brother, Brandon, was arraigned on charges of assaulting an officer and public intoxication. James said Brandon told authorities the men had been drinking whiskey while fishing earlier.

He was released on $4,000 dollars bond after his arraignment.

OHP said both troopers fired shots but that it was Southall who was attacked and Taylor who fired the fatal shot.

They are both are on paid leave pending the internal and criminal investigations.

OHP said they will release the entire tape once they can make copies.

Nehemiah was an associate pastor and newlywed and his family and church members have many questions about what happened.

The attorney for the troopers said Southall also happens to be a youth minister.

Both troopers are on leave pending the internal and criminal investigations.