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New evidence announced in Moore movie theater death, private autopsy contradicts state results

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OKLAHOMA CITY - The family of Luis Rodriguez held a press conference Tuesday regarding new evidence discovered in the case.

The Rodriguez family announced they had a private autopsy conducted for Luis.

According to the report from the Oklahoma State Medical Examiner’s Office, Luis Rodriguez died from “cardiac arrhythmia due to physical restraint.”

The Rodriguez family says the private autopsy contradicts the state's results.

The private autopsy results show that he died of asphyxia caused by restricted breathing movement.

The family also announced they believe the Medical Examiner's Office was clearly influenced by the police.

They say logs shows that Moore police officers visited and called the Medical Examiner's office multiple times throughout the investigation.

Attorney Kenyatta Bethea says those visits were not necessary.

He said, “There's nothing the police department is going to add to the ME's findings.”

The family has shown their findings to the District Attorney, but he says there is no new information that will make him file charges against the officers.

The family is also asking U.S. Attorney General Eric Holder to investigate.

Bethea said, “Individuals within Oklahoma have been given the opportunity. I mean we are 7 months out. It's time to get someone outside of Oklahoma involved.”

The family is also starting a foundation in Luis’ name. The Luis Rodriguez Not In Vain Foundation will be aimed at helping communities and citizens get beyond racial barriers.

Marcus Bivens, spokesperson for the Rodriguez family, said, “Luis will not leave this earth in vain. His death will not be in vain.”

Moore Police say they have not seen the private autopsy results. They say if the family has new information it should be handed over to the OSBI since that agency handled the investigation.

The family’s attorney says he has tried to contact the OSBI but has so far had no luck reaching investigators.

The family says they plan to move forward with a civil lawsuit next week.

Read the autopsy findings in the gallery below.

The City of Moore issued the following statement after the press conference:

"The Moore Police Department has just learned that the Rodriguez family claims to have new information regarding this incident. The incident was thoroughly investigated by the O.S.B.I. and the Medical Examiner. The case was then reviewed by the Cleveland County District Attorney. Any additional information should be shared with the O.S.B.I., who is the lead investigating agency."

Luis Rodriguez died after an altercation with police officers outside the Warren Theater in Moore, Okla.

His widow has always claimed police used excessive force, but the Cleveland County District Attorney's office decided not to file charges against the officers involved in his death.

The DA ruled the video does not show a crime being committed, but the family disagrees.

Read more on Luis Rodriguez.