Neither Brittains nor Davis attorneys are supportive of Grahams decision to withhold body-camera footage. According to the affidavit, when Brittain pulled over and got out of the car, he started moving to the truck bed as the truck was rolling backward toward Davis' patrol car. The state police were delayed in releasing the footage immediately after the trial as they waited on formal paperwork from the Lonoke County Circuit Court. Hunter Brittain, the 17-year-old killed by a Lonoke County sheriffs deputy in June, died of gunshot wounds in his neck and arm, according to a coroners report released Wednesday. Crump and Jacob also represented the family of George Floyd, a 46-year-old Black man who died May 25, 2020, while in police custody in Minneapolis. Brittain had been fatally shot by a Lonoke County sheriff's deputy during a traffic stop early that morning. One bullet can go through and cause injury in more than one location, Newcomb said. There were no indications of drug and alcohol use listed on the coroners report. Ultimately the 12 jurors were seated-- made up of nine women, three men, and two alternates. There are no cameras allowed inside the courtroom and that's how it's going to be for the remainder of the week and for the rest of this trial. The jury was asked a series of questions related to law enforcement and their opinions. Five minutes into Rice's video, someone notes that Brittain is still breathing. 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. Davis told investigators he shot Brittain once in the neck after the teen exited his truck and reached into the bed of the pickup while failing to comply with commands to show his hands, according to the arrest affidavit. "We were a bit surprised about this sentencing, and that they were out in about 20 minutes and came back with a maximum sentence," he said. 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. Davis mentioned Brittain's 'loud' and 'smoking' truck, along with their interaction happening 3 a.m. Hey, ever wounder what happened at the end of that case?? Hunter's Uncle, Jesse Brittain, said all they wanted was acknowledgment and an apology. The email went on to state, Chuck Graham, Lonoke Prosecuting Attorney, has further opposed the release of the body camera footage related to this incident at this time. When asked by the Democrat-Gazette, Graham confirmed that he continued to communicate with the state police agency up until filing his recusal. 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. "Because the deputy failed to activate his bodycam, he has been terminated," Staley said in his statement. Rice's camera moves at about 19 minutes into his video, and Brittain is no longer on the ground. The misdemeanor charge enables Davis to still be eligible to serve as a law enforcement officer. Hunter did nothing wrong, just like we felt George Floyd did nothing wrong, Sharpton told reporters before the memorial. Davis shot Brittain once while Brittain's hands were still in the truck bed, according to Davis' statement to state police investigators and his testimony while on the stand. They added that cops are taught "hands kill" and if you can't see the persons hands, it could be a problem. Didn't put the truck in park, nothing," Davis says. Brittain was up late working on the vehicles transmission before taking the test drive, family members have said. The AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing. Davis was sentenced to 1-year in jail plus a $1,000 fine. According to the Lonoke County Sheriffs Office, Sergeant Michael Davis initiated the traffic stop at 3 a.m. on June 23. Now that the trial has begun, Brittain's Aunt Mary Robertson is praying that that accountability happens in the coming days. The vehicle was smoking and making loud noises, Davis and King have said. When asked what that might include, he said, Not much for the state police. (Arkansas Democrat-Gazette/Thomas Metthe). Staley noted this was a department policy violation and used that as justification for Davis being fired. On Rice's footage, crime tape starts to go up as he gets Brittain's name from King. Crump led the crowd in chanting, Hunter Brittains life matters.. Davis said mentioned several things that led to him firing his gun. I cant speak to what different offices practice are. 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.". After a short break, open arguments started around 2:30 p.m. The sentence has resulted in mixed emotions from many parties involved, that all had comments after the verdict. On June 24, Graham sent an email to state police special agent Robert Middleton saying, Per our phone conversation, we will not be releasing the body camera video of the recent Officer Involved Shooting in Lonoke County at this time. On July 1, hours after Graham told the Democrat-Gazette that he planned to recuse himself, someone with the state police texted, Time for a call? Graham responded, Yes sir, anytime. Last week, Graham said it took time to figure out if he was going to recuse from the case. More than a month after a Lonoke County deputy shot and killed 17-year-old Hunter Brittain, officials have yet to release body camera footage amid a national conversation about police. Special prosecutors, who dont have connections to the police agency, are then appointed by the Arkansas prosecutor coordinator, Bob McMahan. Michael Davis of the Lonoke County sheriff's office are shown in this undated combination of courtesy photos. He told the state police when he was interviewed by them that he shot one time and why. The video was first seen by the public during the first day of Davis' trial. Honestly, I try to do the right thing. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. The two government bodies work separately but lean on each other to take criminal cases to fruition. The investigation of the shooting was quickly turned over to the Arkansas State Police. While the verdict isn't something they agree with, the Brittain family said they do accept it. Its about right and wrong.. Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in, The case has attracted nationwide calls for police reform, Find your bookmarks in your Independent Premium section, under my profile. There were no indications of drug and alcohol use listed on the coroners report. Davis was originally charged with manslaughter, in a a case that was difficult for everyone involved. (Photo courtesy of Arkansas State Police). The first witness called to the stand by the prosecution team was 16-year-old Jordan King. 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. This material may not be published, broadcast, rewritten, or redistributed. Brittain was shot by a Lonoke County Sheriff's Deputy during a traffic stop on June 23. 1, we dont have situations like this very often, he said. If convicted of manslaughter, Davis could be sentenced to a maximum of 10 years in prison. The white teens death prompted protests in a region of the state not known for speaking out against police violence. Newcomb has said Brittain was pulled over by Davis because his vehicle was smoking heavily and an engine was knocking. The AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing. On Friday, Jeff Phillips, a special prosecutor assigned to the case, announced that Michael Davis, the sergeant who shot Brittain, will be charged with manslaughter for recklessly shooting at Brittain. The issue of policing is not about Black and white, Reverend Al Sharpton said at a eulogy for Mr Brittain. 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. Even though it's not the ending he wanted, defense attorney Robert Newcomb said juries often go with the lesser charge. Its about right and wrong.. Copyright 2023 Nexstar Media Inc. All rights reserved. "It's going to be hard, it's been hard, it's been hard since June," he said. Davis said he gave commands to Brittain to show his hands that were ignored. "Why'd he hop out of the truck and grab that? [2] Killing [ edit] Copyright 2023, Arkansas Democrat-Gazette, Inc. Staley on Monday said he welcomed those who want to peacefully protest, but that out-of-state activists could risk inflaming an already difficult situation.. The case has garnered national attention, as calls for police reform continue around the country in the wake of last summers widespread Black Lives Matter protests. I didnt hear it and it happened so fast.. Sharpton eulogized 17-year-old Hunter Brittain, who was shot and killed by a white Lonoke County sheriff's deputy, Sgt. The witness said that Davis was in compliance with his training. He has not responded to numerous emails requesting updates on the investigation, including a message sent Wednesday. One of their witnesses included a law enforcement officer who has trained many officers of when to use deadly force. The next day, the Arkansas State Police passed the investigation file to Grahams office. But King said Davis never gave any commands to Brittain before he shot him. He took a life.. Videos from body cameras show moments after deputy fired fatal shot, The Arkansas State Police released video Friday from the body camera of former Lonoke County Deputy Michael Davis, taken the night 17-year-old Hunter Brittain was fatally shot during a traffic stop near Cabot. In July, Phillips, a prosecutor from a district on the other side of the state, was assigned to handle the case. The civil-rights attorneys also represented the family of George Floyd, who died in 2020 while in police custody in Minneapolis. An investigator with the Arkansas State Police was called to the stand after. He said he never heard any verbal cues from Davis until after the shots were fired. 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. Lonoke County Sheriff John Staley last week fired Davis for not turning on his body camera until after he had shot Brittain. His press conference on Friday was brief and he refused to take questions. Davis,. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. The Arkansas Democrat-Gazette and other media outlets have requested footage of the shooting for the past nine months, since the incident happened. The two were test-driving the vehicle about 3 a.m when Davis pulled them over. In their closing arguments, the defense highlighted Davis' character and how he became a police officer to help people, not hurt people. Family members have said Brittain had been working on his trucks transmission and had been test driving it when he was pulled over. The document says what it says, Jacob said. 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. LITTLE ROCK, Ark. An ambulance arrives on the scene at 14 minutes after "shots fired" went across the radio. The only one who has been accurate on that is Sgt. Brittain was up late working on the vehicles transmission before taking the test drive, family members have said. Send it to The Daily Beasthere. ", Davis then starts yelling at a passenger, Jordan King, "What are y'all driving the vehicle like that?". What has been the reaction to the shooting? The only thing that bothered me is that they checked with Graham and they wouldnt let us look at the video, Newcomb said. He remains free on bond pending appeal. If you use a windshield cover, you can at least forget about scrapping the ice off your windshield to save some time and hassle. The National Read Across America Day takes place every year on March 2, Geisels birthday. 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. Phillips received the investigative file on July 15, according to an email from the prosecutor coordinating office. That's all I asked for," Rebecca Payne, Brittain's grandma, said. She said that is easier for larger prosecuting offices to implement. He said Davis gave verbal commands directing Brittain stay in the vehicle. Davis is white. The civil rights leader and the high-profile attorney, who Sharpton has dubbed "Black America's Attorney general," deemed the police shooting of 17-year-old Hunter Brittain "one of the most. Davis told authorities he gave "several commands" to Brittain to get back in his car and to show his hands as Brittain reached with both hands into the bed of the truck when he fired his weapon. That is why it is very crucial for prosecutors to be as clear and transparent as they can be. James Golden, a professor of criminal justice at the School of Criminal Justice and Criminology at the University of Arkansas at Little Rock, echoed Marque Heydaris comments. On June 23, 2021, 17-year-old Hunter Brittain was test driving his truck after making repairs early in the morning when he was pulled over by former Lonoke County Sgt. The case made national headlines and gained the attention of civil-rights activists, including the Rev. 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. It wont require a recusal, Abdul-Bey said. The memorial included calls to pass federal legislation in Floyds name to overhaul police practices. Graham filed the motion for a special prosecutor on July 8, a week after a conversation with the Arkansas Democrat-Gazette. On 1 July, the the sheriffs office announced it had fired sergeant Davis for failing to comply with the agencys body camera policy. Without all the evidence I cannot make any determination on whether the shooting was proper.. After closing arguments, one juror had to leave for a medical emergency and they had to bring in an alternate juror, with deliberation beginning around 5 p.m. on Thursday, March 17. The report from the Pulaski County coroner said the initial 911 call came in at 3:08 a.m. on June 23 and Brittain was pronounced dead around 3:58 a.m. by an attending physician at Baptist Health Medical Center in North Little Rock. Brittain was fatally shot by a deputy during a traffic stop . 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.. All rights reserved. Crump, in a statement, said the charges were the first step in the pursuit of justice for Brittain, adding that his shooting was the latest example of law enforcement shooting first and asking questions later.. The case attracted attention from national civil rights leaders better known for their work with Black Lives Matter. At that point, that was within a couple days of the event.. 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. 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. Brittain was transferred to a nearby hospital where he died from the gunshot wound. During the early morning hours of June 23, Davis spotted Brittain driving a vehicle that was smoking heavily and an engine that was knocking, Newcomb said Wednesday. 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! There's no way around it and nobody's gonna change my mind about it," he said. You could always say Mr. Graham should have stepped away immediately but that is hindsight, Newcomb said. I didn't say he was a mean guy. The coroners report does not specify how many times Brittain was shot but does list the immediate cause/manner of death as gunshot wound of neck and arm. The firearm was listed as a police-issued, semi-automatic pistol. Davis, Newcomb said. Few details about the shooting have been officially released over the past two months. A special prosecutor announced the felony charge against Michael Davis, a former sergeant with the Lonoke County Sheriff's Office, in the fatal shooting of 17-year-old Hunter Brittain. Crump and Jacob invoked other people killed by police, including Breonna Taylor, a Kentucky woman who was fatally shot during a botched police raid. 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. 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