ROCHESTER, N.Y. (WROC) — ‘Kindhearted’ is how Joe Prude described his brother Daniel.

“That was one of the best individuals anybody would want to be around,” Joe said.

He said Daniel didn’t have a history of mental health issues, which is why he was so concerned about him the night of his encounter with police. Joe said he never imagined he’d be in the situation he is now: fighting for justice for his brother’s death.

Joe said on the night of Daniel’s encounter with police, the brothers were hanging out and talking and everything was normal. However, Joe said he was worried about Daniel and said he admitted him to the hospital for mental health issues earlier in the day. Joe said Daniel was released after three hours.

“That’s why I did what I did by placing those phone calls. I have never seen my brother out of character like that and that was a first, it scared me.”

Joe said he got up to get something and when he came back, Daniel was gone. Joe said he went out looking for Daniel and called police. Joe said police threatened to arrest him if he continued to help look for Daniel, and assured Joe they were handling it. Joe went back inside and said he had a bad feeling about what was going on.

“I don’t know what made me call my lawyers that night but I called them immediately after. I told that officer when he left my doorstep, ‘my brother ain’t a threat to nobody than himself, do not kill my brother.’ I don’t know what made me say that but it came out like that and when it was all said and done with, I knew they killed my brother. I just couldn’t see it to visualize what they really did until now.”

One of Daniel’s daughters, Tashira, said she didn’t find out the real date of her father’s death until Wednesday. She said she wants Rochester to know she appreciates the support.

“Under that shell of a man that you saw in that video was an amazing person, a person with a bright personality and I just want you guys, the people who support all over the country, keep raising your voices,” Tashira said.

Joe said he wanted to go public about Daniel’s death right away, but he didn’t have enough details about what happened until seeing the body camera footage recently. The family’s lawyer said he’s filed a notice of claim and the next step is a hearing with the city next Friday.