BATON ROUGE, LA (WAFB) - The 9News Investigators obtained a police report that details a previous arrest of Alton Sterling that is eerily similar to the incident that ultimately led to his death.
Sterling, 37, was recently killed in a shooting involving two Baton Rouge police officers on July 5.
Sources close to the investigation said that if the killing of Sterling makes it to trial, Sterling's past record could certainly be introduced.
It turns out Sterling has struggled with police in the past. Documents show, in May 2009, Sterling fought with cops outside of a convenience store on Rosenwald Road, where he was selling CDs, while carrying a gun.
In the report dated May 29, 2009, the officer said he was dispatched to a convenience store after getting a complaint about a subject "on the corner selling CDs" and that the subject had pulled a gun on someone.
According to the officer's report, when he arrived to the store, he spotted the suspect, who he later identified as Alton Sterling, carrying a crate of CDs.
The officer asked Sterling to put his hand on the hood of his police car and asked if Sterling had any weapons on him. The report says Sterling did "not answer" and as the officer continued to pat him down, Sterling started reaching for his pocket.
The officer went on to say in the report that Sterling suddenly spun around and the two began to struggle. The officer and Sterling hit the ground. The officer said he was able to call for backup as Sterling tried to push him off.
"While wrestling with this subject on the ground a black semi auto hand gun fell from this subject waist band at this time," the report states.
A deputy with the East Baton Rouge Sheriff's Office arrived as the officer was on the ground with Sterling. The two eventually were able to get Sterling into handcuffs. The report ends saying that "Sterling was then escorted to my unit where he continued to fight with officers."
For the 2009 fight with officers while having a gun, Baton Rouge Police charged Sterling with possession of marijuana, sound reproduction prohibited (for the CDs), illegal possession of a firearm with drugs, resisting an officer and illegal possession of a stolen firearm.
Sterling pleaded guilty to illegal carrying of a weapon with a controlled dangerous substance. On July 19, 2011, he was sentenced to five years in prison, which he served until making parole on Dec. 5, 2013.