The Daily Review in Hayward has turned down a request by police to surrender an audio tape of the shooting of a 24-year-old man by an off-duty rookie cop, NBC 11 reports.

Daily Review reporter Alejandro Alfonso said in his story that the newspaper obtained the 33-second answering machine tape from the “person who received the message and asked not to be identified.” The tape captures the final moments in the life of Lotu Elika, who died when he was shot by an off-duty San Leandro police officer on June 20 in Hayward.

Police aren’t giving up in their pursuit of the tape. “The next step would be to write a court order requesting the tape,” Reid Linblom of the Hayward Police Department told NBC 11.

Ironically, police are also withholding information — they have refused to identify the off-duty officer who killed Elika.