The nearly three-page statement from the family opens by saying "We know that there are always at least two sides to every story. We also know and recognize that the FBI and law enforcement agencies involved will do everything in their power to make it appear as if the needless death of our husband, father, grandfather, brother and son, LaVoy Finicum, was justified."

The family states they believe the standoff at the Malheur National Wildlife Refuge was on track for a peaceful resolution and that the authorities should have been more patient rather than seeking a confrontation.

As to the video, the family states they believe Finicum was moving away from the vehicle to "draw any hostility or violence away from the others" when he was shot.

They further state he was not holding a weapon and said from their view it appeared he was gesturing or trying to keep his balance, not trying to reach for a gun in a pocket.

The family's attorney, Todd McFarlane, spoke to FOX 13 on the phone Friday night.

"I would have to see a lot better, clearer, slow motion, blown up version, to be in a position to say that it looked like to me that he was going for something in his pocket or on his hip," McFarlane said.

FBI Special Agent in Charge for Oregon, Greg Bretzing, said in a statement of that portion of the video: "On at least two occasions, Finicum reaches his right hand toward a pocket on the left inside portion of his jacket. He did have a loaded 9 mm semi-automatic handgun in that pocket."

Finicum's family said they are not "accepting at face value" the FBI's statement Finicum was armed, but they state even if he was armed they don't think he was posing a threat through is actions.