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CLEVELAND -- Detective Robert Miles says he saw suspect Xavier Hempstead point a gun at him before he shot Hempstead, wounding him twice.

But investigators searching Hempstead's vehicle and tracing the mile-long path he fled in his SUV before he was captured have not found any weapon.

To police critics, it's a disturbingly similar script to last November's chase and shooting that left Timothy Russell and Malissa Williams dead.

Police thought the pair was armed. They weren't.

Defense lawyer and co-chair of the NAACP Criminal Justice Committee Mike Nelson says," There's nervousness in the community. There's a lack of confidence...we have another situation where they was an alleged gun and a short chase where there's no loss of suspect and there was no gun found...You have to wonder if there was a gun."

But CPPA President Jeff Follmer, who spoke with Miles, backs him up.'

"Detective Miles is a great detective, " he said.

"I am 100 percent convinced he saw a gun or what he perceived to be a gun....we don't go out looking to shoot suspects. Based on their reactions, we have to react," Follmer said.

Follmer said the suspect could have thrown the gun out the car window as he fled.

There were two non-fatal police shootings of suspect's this week.

A team of investigators from the Justice Department who are probing the use of force and conduct of Cleveland police officers happened to be in town at the same time.

At the same time, the community is waiting for a Grand Jury decision whether any of 13 officers who fired more than 130 shots at Williams and Russell will face criminal charges.

The officers maintain they were in fear for their lives.

Nelson says, "People want justice...we expect officers to be indicted."

And if they are not.

"There will be an outcry. And it will be enough to damage the reputation of our town," he said.

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