We have only the involved criminal's word on this.
The same criminal that Sutton's office presented to the jury as a one time smuggler just trying to get money for an operation for his sick mother, all the while Sutton knew that it was a lie.
And the fact that the other two criminals couldn't consistently describe what sort of firearm the drugrunner had in his hand. And the fact that no physical evidence was recovered from the scene that would indicate that he was armed. And the fact that he was shot from behind.