He said each prosecutors office has to make its own determination on how to handle police shootings. Post your articles here so that everyone will have a chance to see our government at work (or showing their lack thereof) taking their own to task! (NWA Media). King, 16 at the time, said the teens had previously used a coolant container to stop the truck from rolling back. Few details about the shooting have been officially released over the past two months. On July 1, a little more than a week after the shooting, Chuck Graham, prosecuting attorney for the 23rd Judicial District, told the Arkansas Democrat-Gazette that he planned to file a motion for the assignment of a special prosecutor. If you use a windshield cover, you can at least forget about scrapping the ice off your windshield to save some time and hassle. Floyd died in May last year when a white Minneapolis police officer used his knee to pin the handcuffed Black mans neck to the ground. Special prosecutors, who dont have connections to the police agency, are then appointed by the Arkansas prosecutor coordinator, Bob McMahan. He said Davis gave verbal commands directing Brittain stay in the vehicle. Brittain was shot by a Lonoke County Sheriff's Deputy during a traffic stop on June 23. Jurors acquitted Michael Davis of manslaughter while finding him guilty of the misdemeanor charge in the death of 17-year-old Hunter Brittain during a June traffic stop outside Cabot, a city of about 26,000 people roughly 30 miles north-east of Little Rock. He said Davis missed one of the three steps needed to activate the camera. If convicted, he could face three to 10 years in prison. Davis was sentenced to 1-year in jail plus a $1,000 fine. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. The defense also added and went through every reason why Davis feared for his life and fired the gun. Al Sharpton gave a eulogy asking for the public to come together to help push for policing reforms. The report was first requested by the Arkansas Democrat-Gazette on July 8. Shortly after the shooting, Davis was fired by the Lonoke County Sheriffs Office for breaking their body-camera policy. Were going to take this and see what else [the special prosecutor in the case] has got to say and hopefully this will stick. Robert Newcomb, Daviss attorney, said he planned to challenge the standard jurors used to determine whether Davis was negligent. Michael Davis near Cabot, Arkansas, United States. While it is difficult to wait for answers, it is important that the investigation that occurs is both fair and complete.. The white teens death prompted protests in a region of the state not known for speaking out against police violence. The killing in the predominantly white community has drawn the attention of national civil rights activists such as Sharpton, who said concerns about police tactics arent just limited to the Black community. The document says what it says, Jacob said. Many attending the memorial wore jeans and shirts that read Justice for Hunter, in a ceremony that included Floyd family attorneys Ben Crump and Devon Jacob. Davis,. If they make the wrong determination, there is a good chance they will not be reelected, he said. Minutes after the shooting, a third deputy starts to console Davis while still at the scene. Its about right and wrong.. The family of Brittain has hired Devon Jacob and Benjamin Crump to represent them in the case. Brittains family has said the teenager was unarmed and was holding a jug of antifreeze when he was shot. Your life had meaning, youre loved and your family will not stop advocating until we have justice for you, Hunter, he said. There were no indications of drug and alcohol use listed on the coroners report. In July, Phillips, a prosecutor from a district on the other side of the state, was assigned to handle the case. I respect the decision of the jury. But King said Davis never gave any commands to Brittain before he shot him. But even after the verdict, the Brittain family said this isn't the end of them telling Hunter's story. "There's a lot of wrongful police and I'm not saying all police are bad because I have law enforcement in my family, but it's the ones, like this, that give them bad names and he needs to be held accountable for it," he said. My nephew, Hunter, is laying in a grave or refrigeration and this man is going to get to go home," he said. Relatives say former US Marine killed fighting in, What about Paul Whelan and Brittney Griner left in, Russia frees US Marine vet as part of prisoner exchange, Strike kills 50 at crowded Ukraine rail station, Pink Floyd members reunite and record song for Ukraine, US to send $100M more in military aid to Ukraine, Ukrainian poisonings kill 2 Russian soldiers: officials, NLR Baptist Health opens new critical care unit, Mayflower police make arrest in deadly I-40 shooting, Arkansas State Parks kicks off centennial celebration, Every Child Arkansas bringing change to foster care, AST Blog: Remembering March 1997 tornado outbreak, Do Not Sell or Share My Personal Information. The report was first requested by the Arkansas Democrat-Gazette on July 8. Brittain made his way to the truck bed, where he grabbed a blue coolant jug. Michael Davis after Brittain exited his truck to put a blue plastic bottle of antifreeze behind a wheel because the vehicle wouldnt shift into park. The case attracted attention from national civil rights leaders better known for their work with Black Lives Matter. The witness said that Davis was in compliance with his training. The issue of policing is not about Black and white, Reverend Al Sharpton said at a eulogy for Mr Brittain. What has been the reaction to the shooting? The family's attorney, Devon Jacob said they aren't going to focus on the charges, but rather look at the meaning behind the jury's decision. The jurys decision is a declaration that an Arkansas law enforcement officer, in full uniform, unlawfully killed Hunter Brittain, the attorneys said. The jury finding Davis guilty of negligent homicide instead of manslaughter, is something that worried Payne, as it means Davis could go back to wearing a badge in the future. The only thing that bothered me is that they checked with Graham and they wouldnt let us look at the video, Newcomb said. Arkansas State Police investigated Davis use of deadly force and turned over its findings to Fifth Judicial District Prosecuting Attorney Jeff Phillips, who was named special prosecutor for the case July 12. When buying cowboy boots, there are a few aspects to consider, such as how far up they go on your legs and their design. He also got emotional multiple times during his testimony. He remains free on bond pending appeal. The prosecution told the jury to look at the evidence--if Davis was able to say, which he testified that he did, "show me your hands" and "get back in the vehicle," then he enough time to tell Brittain, "I am going to shoot you.". As Brittain did this, Davis shot one round at Brittain in his lower right neck. On July 1, over a week after Brittain's death, Lonoke County Sheriff John Staley announced through a Facebook video Thursday that former Sergeant Mike Davis was fired due to policy violations. Devon Jacob, Brittains familys attorney, described the report as unclear. Authorities have released few details about the shooting. Newcomb has said Brittain was pulled over by Davis because his vehicle was smoking heavily and an engine was knocking. There is no body camera footage of the incident, though the officer had a camera in his possession. Jesse Brittain, Hunters uncle, received a standing ovation when he called for an end to qualified immunity for police officers, a legal doctrine that frequently shields them from civil lawsuits for things they do in the course of their job. The prosecution team explaining that Davis "recklessly" shot Brittain who was unarmed and not dangerous, whereas the defense team, emphasized on the fact that in that moment Davis felt like his life was threatened. Davis said mentioned several things that led to him firing his gun. He told the state police when he was interviewed by them that he shot one time and why. The Arkansas Democrat-Gazette and other media outlets have requested footage of the shooting for the past nine months, since the incident happened. Honestly, I try to do the right thing. I just said that he was a good guy that made a really horrible decision and choice and so that makes it even worse," Prosecuting attorney, Jeff Phillips said. He was my grandson. In Arkansas, law enforcement agencies typically investigate cases while prosecutors make the decision on whether criminal charges will be filed. Davis said all of these things were the reason he felt afraid for his life and thought Brittain "was going to kill him.". In an interview with Davis, he said he initiated the traffic stop of Brittain's white GMC truck and heard "the truck's engine rev up and then began to travel southbound in the northbound lane." This is my opinion. Crump said a proposed bill that is being referred to as Hunters Law would include a mandate that body cameras be active during interactions between police and civilians and that those videos be released immediately to the public. Davis said that before he could put his own car in park, Brittain jumped out and moved to the rear of the truck and began reaching into the bed as it slowly rolled backward. The police officer has a lot more situational awareness of a danger than maybe you or I would be aware of, Newcomb said. In an interview with investigators, Davis said that before he could put his own car in park, Brittain jumped out and moved to the rear of the truck and began reaching into the bed as it slowly rolled backward. And also justice for all of our other brothers and sisters dying at the hands of law enforcement hired to protect and serve us around this country.. The people of this county are good, decent people and they, like me, want to see accountability and transparency in this situation, Staley wrote on the offices Facebook page. The civil-rights attorneys also represented the family of George Floyd, who died in 2020 while in police custody in Minneapolis. But we are going to change that. Alissa Marque Heydari, deputy director for the Institute of Innovation in Prosecution at the John Jay College of Criminal Justice in New York City, says it is recommended that if a prosecuting office is involved in an investigation, the office is staffed by prosecutors and investigators who are completely internally separate from the rest of the office. A jury found former Lonoke County Sgt. But the passenger in the truck heard no verbal communication, only 1 shot. According to his family members, he went to place a large blue plastic bottle. Hunter Brittain (left) and then-Sgt. At that point, that was within a couple days of the event.. Crump previously released a statement that Brittain was shot three times by Lonoke County sheriffs Sgt. When asked what that might include, he said, Not much for the state police. The young man jumped out and ran to the back of the car and stuck his hands into the back of the vehicle and still wasnt responding to any verbal commands, Newcomb said. It wont require a recusal, Abdul-Bey said. Arkansas State Police are investigating Brittains death. Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. It will be automatic. Abdul-Bey said prosecutors involvement in police-shooting cases has faced increased scrutiny since Little Rock resident Bradley Black-shire was fatally shot by officer Charles Starks on Feb. 22, 2019. While investigating the incident, Lonoke County Sheriff's Office discovered that Davis' body camera footage had only been turned on after Brittain had been shot. Davis was originally charged with felony manslaughter Sept. 17. Lonoke County Prosecutor Chuck Graham said he had received the Arkansas State Police case file on the deadly shooting of the teen during a June 23 traffic stop. Rice's camera moves at about 19 minutes into his video, and Brittain is no longer on the ground. Once he gets back? Davis could be sentenced to up to 10 years in prison if found guilty. He told the state police when he was interviewed by them that he shot one time and why. Im not sure we could set a policy at the national level that could cover all circumstances. Prosecutors are held accountable by elections, Golden said. Davis, Newcomb said. Davis attorney, Robert Newcomb, previously told The Daily Beast that Davis feared the worst when Brittain hopped out and reached into the bed of his truck. Crump and Jacob invoked other people killed by police, including Breonna Taylor, a Kentucky woman who was fatally shot during a botched police raid. Crump and Jacob have been involved in high-profile homicide cases that include those of George Floyd, Breonna Taylor, Trayvon Martin and Ahmaud Arbery. How much help are American volunteers in Ukraine? It makes you concerned that they are looking for a weapon. Newcomb said he isnt concerned by Grahams involvement with investigators. The law states that records, files and information kept, obtained or retained by the lab are privileged and confidential and that only a defendant, attorney of defendant or prosecuting attorney can be granted access to records pertaining to a defendants criminal case.. Davis said he shot Brittain once, after the teen exited his truck and. TIL Sam Kinison was killed by a drunk driving 17 year old, Troy Pierson. Details about when the camera was activated and what footage was captured arent publicly known because Freedom of Information Act requests for the footage have been denied. The file includes hundreds of documents, including Davis' employment record, body camera footage from deputies and Cabot police officers who responded, crime scene photos and interviews with witnesses. There were no indications of drug and alcohol use listed on the coroners report. Hes currently being held in an undisclosed jail, after being booked in Lonoke County. Create an account to follow your favorite communities and start taking part in conversations. "[It's] going to cost him $15,000 to go home and be with his family, while we're at a loss. Print Headline: Lonoke deputy fatally shot teen Hunter Brittain in neck, arm, coroner says, Copyright 2023, Northwest Arkansas Newspapers LLC. Committee, Families file 100+ complaints against cemetery in, Farmers share their voices at the AR State Capitol, House Education Committee advances Arkansas LEARNS, Embattled UK Prime Minister Boris Johnson resigns, Zelensky: There will be two Victory Days in Ukraine. ", Davis then starts yelling at a passenger, Jordan King, "What are y'all driving the vehicle like that?". Sheriff John Staley said that Davis had not turned on his body camera at the start of the traffic stop and only activated the device after the shooting had happened. The only ones are at the very top and that's so the jury will not be able to hear anything going on outside. According to family members, Brittain had been working on the vehicles transmission and was taking a test drive when he was stopped by Davis. "Although Mr. Davis no longer works for my office, Ive been following this case closely. An ambulance arrives on the scene at 14 minutes after "shots fired" went across the radio. His death sparked nationwide protests over policing and racial inequality. Early in the morning of 23 June, Hunter Brittain was hard at work fixing his truck so it would be ready in time to make his construction job at 6am. After the verdict was announced, Brittains family and friends chanted Justice for Hunter outside the national guard facility used for the trial. The teen was having trouble shifting the truck into park, according to a friend in the car at the time, so Mr Brittain jumped out of the car to retrieve a jug in the trucks bed he used as a backstop for the ageing vehicle. Brttain went to the bed to get something(transmission fluid / anti-freeze) for the truck. the officer fired 1 shot killing the teen. He claimed in documents filed in Lonoke County Circuit Court that Davis has had a very close working relationship with most members of the prosecutors office and has recently testified for the state in at least one jury trial. The motion was granted by 1st Division Circuit Judge Barbara Elmore the same day. They have also pushed for state laws that would require officers to have their body cameras on their entire shift. The family is going to continue to trust the process, Jacob said. Bodycam footage of an Arkansas deputy responding to the scene after former Sgt. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Phillips was passed the investigative file by the coordinating office July 15, according to an email from McMahan. He said he never heard any verbal cues from Davis until after the shots were fired. His attorney, Newcomb, did not immediately respond to a request for comment. The issue of policing is not about Black and white, Sharpton told a packed auditorium at Beebe High School, where Brittain was a rising senior. The Arkansas State Crime Laboratory cant publicly release the autopsy report because of Arkansas Code 1212-312, Director Kermit Channell said. Staley noted this was a department policy violation and used that as justification for Davis being fired. On Friday, the Arkansas State Police released the law enforcement video of the aftermath of the June 23, 2021, shooting death of Hunter Brittain in Lonoke County. Im his grandmother. While it is difficult to wait for answers, it is important that the investigation that occurs is both fair and complete.. Some of Brittains family members have said a witness to the shooting claims Davis didnt offer verbal commands before the shooting. "I don't think it's fair. Michael Davis shot and killed 17-year-old Hunter Brittain has been released. Graham filed the motion for a special prosecutor on July 8, a week after a conversation with the Arkansas Democrat-Gazette. "I was not happy. Start your Independent Premium subscription today. I was working from home. They always seem to have their body cameras off. The document says what it says, Jacob said. Call if you have any questions. Graham sent a text the next day to an unknown person in the police agency saying, Ive got you in my phone, call me anytime. My chief deputy hand carried it up to Bob McMahan. On July 14, two weeks after Graham first announced his recusal, the Arkansas State Police denied the Arkansas Democrat-Gazettes Freedom of Information Act request for body-camera footage, saying the video is part of an active investigation. Michael Davis of the Lonoke County sheriff's office are shown in this undated combination of courtesy photos. Hunters family is already distrustful because they havent gotten any answers whatsoever, Crump said. The day ended with the body camera footage and testimony will resume on Wednesday, March 16, at 9 a.m. During the second day of the trial, the jury watched Davis' recorded interview with state police which was conducted five days after the shooting. When Brittain was about to remove his hands from the back of the truck, Davis said he shot once before he could see what Brittain was holding. Hunter Brittains family has called for police reform, including an end to qualified immunity, the legal doctrine that shields many police officers from legal action when accused of committing crimes in the court of their duty. Davis was fired by the Lonoke county sheriff, John Staley, for not turning on his body camera until after shooting Brittain. Copyright 2023, Arkansas Democrat-Gazette, Inc. The judge added that no one can wear t-shirts or have any signs on their cars starting on Tuesday, March 15, when jury selection begins at 9 a.m. Tuesday, March 15, started with jury selection, which took about four hours. Chuck. Text messages sent later that day and on June 28 were redacted by the state police agency. Al Sharpton, left, and attorney Benjamin Crump, right, escort Rebecca Payne to view her grandson's casket during the funeral service for 17-year-old Hunter Brittain, on Tuesday, July 6, 2021, at the Beebe High Schools Auditorium in Beebe, Ark. Are people going to have to fear for their lives again? she told reporters. They think that it is not appropriate for anybody who has a conflict of interest to weigh in and deny them due process of a fair and impartial and completely independent investigation as to what happened to their child. Newcomb said he wasnt concerned with the file being passed to Graham. Sadly there is not really anyone who we can point to here in Arkansas who is a quote and quote expert who can talk on this because it is untreaded territory right now. I didn't say he was a mean guy. Once it happened to my sons best friend, I said it could happen to my son so it was too close to home to not do anything about it., Dozens of people gathered outside the sheriffs office after the memorial service for a rally with Brittains family, attorneys and the NAACP. Once we have the autopsy report, we will know more.. He said he should refrain from talking about the case because special prosecutor Jeff Phillips, prosecuting attorney for the 5th Judicial District, was named July 12. Sharpton eulogized 17-year-old Hunter Brittain, who was shot and killed by a white Lonoke County sheriffs deputy, Sgt. Michael Davis, a former police sergeant in Arkansas, has been charged with manslaughter for "recklessly" shooting and Hunter Brittain, an unarmed 17-year-old killed during a traffic stop. His press conference on Friday was brief and he refused to take questions. Rebecca Payne, Brittains grandmother, said family members wanted the deputy convicted of the felony to ensure he could not serve as an officer again. Davis attorney, Robert Newcomb, said the report throws doubt on earlier statements from Brittains family members and their attorneys that the teen was shot three times. "It's going to be hard, it's been hard, it's been hard since June," he said. Davis claimed he didn't realize he didn't turn on his body camera until after the shots were fired. Multiple Brittain family members rushed from the room as graphic images of the 17-year-old played out on a screen. Davis, Newcomb said. A cop shot and killed Hunter Brittain as the 17-year-old was trying to grab an antifreeze jug from his car. Sharpton eulogized 17-year-old Hunter Brittain, who was shot and killed by a white Lonoke County sheriff's deputy, Sgt. The Arkansas Democrat-Gazette reported that Davis was also given a $1,000 fine. Staley also said the Lonoke County Sheriff's Office does not have dash cameras on its police vehicles. Didn't put the truck in park, nothing," Davis says. 1, we dont have situations like this very often, he said. Brittain had been fatally shot by a Lonoke County sheriff's deputy during a traffic stop early that morning. , Crump said Brittain in his possession about 19 minutes into his video, Newcomb he... Dash cameras on its police vehicles for Mr Brittain by a Lonoke County sheriff 's office are shown this. Agencies typically investigate cases while prosecutors make the wrong determination, there is no body camera after! From Davis until after the verdict, the Brittain family said this n't!? `` every reason why Davis feared for his life and fired the gun eulogy asking for the to... And friends chanted Justice for Hunter outside the national level that could all! Lot more situational awareness of a danger than maybe you or I be. 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