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. I respect the decision of the jury. He also shared what made him fear for his life, which consequently made him fire his gun. Phillips was passed the investigative file by the coordinating office July 15, according to an email from McMahan. A key piece to the kit involves prosecutors clearly outlining decisions for the public. Robert Newcomb, Davis' defense attorney, has said Davis believed that he had turned the camera on and didn't realize it wasn't working until after firing the shot that killed Brittain. 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. While it is difficult to wait for answers, it is important that the investigation that occurs is both fair and complete.. According to an affidavit read by Phillips at a press conference, Brittain was test-driving a pickup truck with his cousin that the two spent the night tinkering on at a local repair shop. Arkansas State Police are investigating Brittains death. 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.. That's when the jury was shown what body camera footage there is in this case, which only shows what happened after Brittain was shot. Extra 20% off selected fashion and sportswear at Very, Up to 20% off and extra perks with Booking.com Genius membership, $6 off a $50+ order with this AliExpress discount code, 15% off orders over 15 with this eBay discount code, Compare broadband packages side by side to find the best deal for you, Compare cheap broadband deals from providers with fastest speed in your area, All you need to know about fibre broadband, Best Apple iPhone Deals in the UK February 2023, Compare iPhone contract deals and get the best offer this February, Compare the best mobile phone deals from the top networks and brands. 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. When Brittain was shot, Davis said that's when he saw a container in Brittain's hands that fell to the ground. The family is going to continue to trust the process, Jacob said. On Nov. 15, former Lonoke County Sgt. The issue of policing is not about Black and white, Reverend Al Sharpton said at a eulogy for Mr Brittain. Davis testified that he thought the teen was grabbing for a gun. Ben Crump, who represented Brittains family said: Hunter deserved better.. Davis and King have said that Brittain jumped out of the truck as soon as he stopped for Davis. He was my grandson. 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. 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. I dont want to jeopardize this case, its too important, he said. 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. We'll never have Hunter standing with us again.". After a few minutes, he can be heard crying. No matter which side you looked at, it was a difficult week for everyone. One bullet can go through and cause injury in more than one location, Newcomb said. In June, at 3 a.m. on a dark stretch of a highway in rural Arkansas, 17-year-old Hunter Brittain was shot and killed by a sergeant from the Lonoke County Sheriffs Office. Original reporting and incisive analysis, direct from the Guardian every morning, A memorial for Hunter Brittain in Beebe, Arkansas last year. While everyone in the makeshift courtroom in Cabot was quiet when they heard the decision, they said a lot to once they exited the doors. At about seven minutes into the video, another deputy arrives and says, "Why don't we just chill and stop talking now?". This document may not be reprinted without the express written permission of Arkansas Democrat-Gazette, Inc. Material from the Associated Press is Copyright 2023, Associated Press and may not be published, broadcast, rewritten, or redistributed. 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. Sharpton eulogized 17-year-old Hunter Brittain, who was shot and killed by a white Lonoke County sheriffs deputy, Sgt. Notifications can be turned off anytime in the browser settings. Davis mentioned Brittain's 'loud' and 'smoking' truck, along with their interaction happening 3 a.m. Are people gonna have to fear for their life again? They always seem to have their body cameras off. Start your Independent Premium subscription today. Brittain was test-driving a pickup truck with his cousin that the two spent the night tinkering on at a local repair shop. Your life had meaning, youre loved and your family will not stop advocating until we have justice for you, Hunter, his uncle Jesse said at his eulogy. 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. It's not that this isn't a shocking and tragic. 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. Highway Patrol trooper on leave after fatal Morton County shooting. Phillips received the investigative file on July 15, according to an email from the prosecutor coordinating office. The maximum jail term faced by Davis, a former sergeant with the Lonoke county sheriffs office, was one year. Hunters family is already distrustful because they havent gotten any answers whatsoever, Crump said. Some of Brittains family members have said a witness to the shooting claims Davis didnt offer verbal commands before the shooting. Once he gets back? "I don't think it's fair. [2] Killing [ edit] 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. Weeks later the investigative file was sent to his office, and the state polices denial regarding the release of body-camera footage related to the shooting cited Grahams opinion on the issue. He took a life.. Didn't put the truck in park, nothing," Davis says. 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. How much help are American volunteers in Ukraine? Because of the great public interest in this case, the Arkansas Democrat-Gazette has made the video available, but with two alterations: The view of the victims body has been blurred by our staff out of sensitivity, and the video, which is nearly 19 minutes long, has been shortened to about 15 1/2 minutes to eliminate portions that had no audio or meaningful video. Davis,. 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. The witness said that Davis was in compliance with his training. (NWA Media). The report said that a sergeant with the Lonoke County sheriffs office who has been identified as Michael Davis conducted a traffic stop at Arkansas 89 and Tower Road when the decedent [Brittain] got out of the vehicle and got something out of the back before moving toward the sergeant, after which the sergeant fired his weapon. 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 . Brittain turned into a nearby parking lot and jumped out of the backward moving vehicle and reached into the back of the truck, he said. "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. Jury deliberations lasted less than three hours. 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. We hope that the jury can see the things that we see," she said. The only thing that bothered me is that they checked with Graham and they wouldnt let us look at the video, Newcomb said. Rev. Michael Davis near Cabot, Arkansas, United States. The sentence has resulted in mixed emotions from many parties involved, that all had comments after the verdict. Mike Davis near a body shop in Cabot. 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. 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. Get the Android Weather app from Google Play, Rison hit by Wednesday night storm damage, Arkansas state legislators hit the court in Hoops, Growing old and hungry: Shelbys Pantry in Carlisle, Arkansas LEARNS Act passes through House Education, Windshield covers and other handy gear you need for, 18 trendy cowboy boots to wear this winter, 18 books youll want to read on Dr. Seuss Day, AR legislators play in charity basketball game, AR pantry helps to end hunger in elderly community, LEARNS Act passes through House Ed. I didn't say he was a mean guy. (Tommy Metthe/The Arkansas Democrat-Gazette via AP), Connect with the definitive source for global and local news. A cop shot and killed Hunter Brittain as the 17-year-old was trying to grab an antifreeze jug from his car. Now whats going to happen? Brittains family and friends have held protests nightly outside the Lonoke County sheriffs office and have complained about the lack of information released. 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. Brittains family retained Ben Crump and Devin Jacob just days after the shooting. "It was cold-blooded murder by the Lonoke police. 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. He is the first law enforcement officer to be convicted by an Arkansas jury for an on-duty shooting in recent history. Graham filed the motion for a special prosecutor on July 8, a week after a conversation with the Arkansas Democrat-Gazette. I'll say I'm not necessarily surprised by that burden," he said. I never thought anything like this would happen until it hit so close to home, said Scott Hendrickson, whose son was close friends with Brittain and who is . All I wanted from day one is for him to get a felony where he could not be in law enforcement again and carry a weapon. I didnt get into this job to kill people, he said. All rights reserved. The family of Brittain has hired Devon Jacob and Benjamin Crump to represent them in the case. Material from the Associated Press is Copyright 2023, Associated Press and may not be published, broadcast, rewritten, or redistributed. During his instruction it states that you must tell the subject you are going to shoot them before "if possible." (AP) The results of the investigation into a Lonoke County deputys deadly shooting of 17-year-old Hunter Brittain during a traffic stop have been handed over to prosecutors. Davis, Newcomb said. Davis said he gave commands to Brittain to show his hands that were ignored. 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 was unclear what impact Sharptons and the attorneys calls for action would have in Lonoke County, a rural county of 73,000 people that is 90% white. Brittain was fatally shot by a deputy during a traffic stop . Brittain's family said he was working on his truck right before he drove it down the road and was pulled over by Davis. 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. Michael Davis guilty of negligent homicide in the fatal shooting of 17-year-old Hunter Brittain. Staley noted this was a department policy violation and used that as justification for Davis being fired. They didnt say one word that I know of, he told KATV. 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. Phillips received the investigative file on July 15, according to an email from the prosecutor coordinating office. Shortly after the shooting, Davis was fired by the Lonoke County Sheriffs Office for breaking their body-camera policy. If convicted of manslaughter, Davis could be sentenced to a maximum of 10 years in prison. Davis turned himself inon Friday, Sept. 17, after the special prosecuting attorney issued an arrest warrant for manslaughter. The Lonoke Co. sheriff said he supports the public release of body cam video in the fatal shooting of Hunter Brittain when the "State Police investigation allow it." More Videos Next up in 5 Brittain was eulogized last year by the civil rights leader the Rev Al Sharpton, who said the death highlighted the need for interracial support for changes in policing. Jurors found Michael Davis, a former sergeant with the Lonoke County sheriff's office, guilty in the shooting death last year of 17-year-old Hunter Brittain during a traffic stop. He said he never heard any verbal cues from Davis until after the shots were fired. 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. Davis claimed he didn't realize he didn't turn on his body camera until after the shots were fired. Brittain was up late working on the vehicles transmission before taking the test drive, family members have said. But if we segregate how we react, then were wrong.. 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. Robert Newcomb, Daviss attorney, said he planned to challenge the standard jurors used to determine whether Davis was negligent. The case made national headlines and gained the attention of civil-rights activists, including the Rev. We definitely have been trying to come up with a way, when a citizen dies by law enforcement, for there to be an additional route to investigate that, that doesnt involve any of the agencies that work with the officers, Abdul-Bey said. One of their witnesses included a law enforcement officer who has trained many officers of when to use deadly force. 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 report was first requested by the Arkansas Democrat-Gazette on July 8. Michael Davis shot and killed 17-year-old Hunter Brittain has been released. Davis was fired by the Lonoke county sheriff, John Staley, for not turning on his body camera until after shooting Brittain. Following Davis' sentence, his former boss, Sheriff Staley shared how tragic he thought the entire incident was and that he respects the jury's decision. Got a tip? Davis has been with the Sheriff's Office since 2013. On Rice's footage, crime tape starts to go up as he gets Brittain's name from King. Al Sharpton and attorneys for George Floyds family on Tuesday mourned a white Arkansas teenager fatally shot by a sheriffs deputy, as they urged support across racial lines for efforts to reform police practices. The only one who has been accurate on that is Sgt. The police officer has a lot more situational awareness of a danger than maybe you or I would be aware of, Newcomb said. It soon shows Davis telling another deputy, Nathaniel Rice, "The guy jumped out of the f****** truck and grabbed something out of the back, and it was a f****** oil can. Family and friends of 17-year-old Hunter Brittain, including his uncle, Harley Brittain (left), hold a rally outside the Lonoke County sheriff's office in Lonoke in this June 23, 2021, file. Davis was originally charged with manslaughter, in a a case that was difficult for everyone involved. Davis pulled over Hunter Brittain, 17, on June 23, 2021, outside Cabot, a small town 30 miles north of Little Rock. Five minutes into Rice's video, someone notes that Brittain is still breathing. The Arkansas Democrat-Gazette and other media outlets have requested footage of the shooting for the past nine months, since the incident happened. He remains free on bond pending appeal. 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. When asked for more information, such as the number of times Davis shot Brittain, Shantea Nelson, office manager in the Pulaski County coroners office, said that a state medical examiners autopsy report would have more information than a coroners report. If there is a conflict of interest that exists and you are aware of that conflict of interest and you participate then it certainly would appear to the public that there is a hint of impropriety, Crump said. 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. It was emotional for witnesses and Brittain's family, many of them had to step out of the courtroom. Davis was originally charged with felony manslaughter Sept. 17. Im his grandmother. The Lonoke County sheriff's deputy opened fire on Hunter Britain, 17, after he. I was working from home. Another witness who was nearby during the shooting said he was at the shop waiting on Brittain and a friend when he heard the gunshots. Davis said mentioned several things that led to him firing his gun. In Arkansas, law enforcement agencies typically investigate cases while prosecutors make the decision on whether criminal charges will be filed. TIL Sam Kinison was killed by a drunk driving 17 year old, Troy Pierson. As Brittain did this, Davis shot one round at Brittain in his lower right neck. Print Headline: Lonoke deputy fatally shot teen Hunter Brittain in neck, arm, coroner says. The county has not decided whether to grant the hearing, County Attorney Allen Dodson said Wednesday. Newcomb, a Little Rock attorney who often represents police officers, requested a grievance hearing on behalf of Davis from Lonoke County. He also pointed out that Brittain didn't listen to his commands and that he unable to see both of Brittain's hands in the bed of the truck. Davis was fired from the Lonoke County sheriff's office on July 1 after Sheriff John Staley said Davis violated policy by not turning on his camera prior to encountering Brittain. 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. Devon Jacob, Brittains familys attorney, described the report as unclear. [DOCUMENT: Coroners report for Noah Hunter Brittain arkansasonline.com/coronerbrittain]. He has not responded to numerous emails requesting updates on the investigation, including a message sent Wednesday. 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. King said he never heard any commands from Davis before the gunshot. Even before the memorial service, Brittains friends and family were calling for change at the state level with petitions urging the Legislature to require officers to wear body cameras that would be turned on as soon as their shift begins. Staley said on the witness stand during the trial that deputies should turn on their body cameras at about the time they initiate blue lights, if conducting traffic stops. He would have faced between three and 10 years in prison for manslaughter, a felony. Jordan King, a friend of Brittains in the truck at the time, said he didnt hear any commands to stop. Prosecuting attorney, Jeff Phillips said the state is fine with the verdict but the sentencing wasn't what they expected. King responds that the truck wouldn't shift into park. 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. After a short break, open arguments started around 2:30 p.m. Davis said he could not see the 17-year-old's hands before shooting. I do all the on-call stuff, Graham said in a phone conversation last week. All rights reserved. The trial for a former Lonoke County Sheriff's Deputy accused of killing an unarmed teenager during a traffic stop happened this week. In their closing arguments, the defense highlighted Davis' character and how he became a police officer to help people, not hurt people. On 1 July, the the sheriffs office announced it had fired sergeant Davis for failing to comply with the agencys body camera policy. Michael Davis of the Lonoke County sheriff's office are shown in this undated combination of courtesy photos. We acknowledge that is going to be much harder in a smaller office. The institute released a tool kit in 2019 to help prosecutors when addressing officer-involved fatalities. It was released after the March 18 closure of a trial in which Davis, 31, was convicted of misdemeanor negligent homicide in the death of the 17-year-old from McRae. Every state, every locality, is different, Marque Heydari said. People protesting the killing of 17-year-old Hunter Brittain doing burnouts in the parking lot of the Lonoke County sheriff's office. During the trial, King told the jury that Brittain had been working on replacing his transmission all night. 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. 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. "I was hoping for a not guilty verdict on both charges. As mourners filed into the high school auditorium Tuesday morning, photos and video of Brittain were displayed on a large screen above his casket, which was decorated with blue and white ribbons, the Chevrolet symbol and Forever Chevy 17. Family members said Brittain dreamed of becoming a NASCAR driver after graduation. At that point, that was within a couple days of the event.. He's still driving on his way to the scene. The killing in the predominantly white community has drawn the attention of national civil rights activists . This material may not be published, broadcast, rewritten, or redistributed. I think its murder, she said. The only ones are at the very top and that's so the jury will not be able to hear anything going on outside. 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. 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. The memorial included calls to pass federal legislation in Floyds name to overhaul police practices. A former Arkansas deputy was convicted on Friday of negligent homicide and sentenced to a year in jail for shooting an unarmed teenager whose death last year drew the attention of national civil rights leaders. You know, he'll go back to force," she said. The family of Brittain has hired Devon Jacob and Benjamin Crump to represent them in the case. "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. CPR is started almost immediately. Davis then moves to sit in another vehicle by himself. The civil-rights attorneys also represented the family of George Floyd, who died in 2020 while in police custody in Minneapolis. 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. 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. This is the ideal, Marque Heydari said. The civil-rights attorneys also represented the family of George Floyd, who died in 2020 while in police custody in Minneapolis. 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. Brittain's family retained civil-rights attorneys Benjamin Crump and Devon Jacob soon after the shooting to handle the teen's estate and any civil suits. 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. He later died at North Little Rock Hospital. The report said that a sergeant with the Lonoke County sheriffs office who has been identified as Michael Davis conducted a traffic stop at Arkansas 89 and Tower Road when the decedent [Brittain] got out of the vehicle and got something out of the back before moving toward the sergeant, after which the sergeant fired his weapon. btw before the traffic stop, the officer turned off his body-cam, then turned it on after the shooting which is against department policy. Your life had meaning, youre loved and your family will not stop advocating until we have justice for you, Hunter, he said. All rights reserved. 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. 27 June 2021 Protesters gathered outside the Lonoke County Sheriff's Office last Wednesday in Lonoke, Arkansas, consisting of friends and family of 17-year-old Hunter Brittain, who was gunned. Brittains family has said the teenager was unarmed and was holding a jug of antifreeze when he was shot. When asked what that might include, he said, Not much for the state police. In July, Phillips, a prosecutor from a district on the other side of the state, was assigned to handle the case. Family members have said Brittain had been working on his trucks transmission and had been test driving it when he was pulled over. "I was not happy. They know exactly what they are doing. A Freedom of Information Act request for communication between Graham and the Arkansas State Police shows there was some contact between the two agencies between the time of the shooting and Grahams recusal. The state rested their case and the defense will start on Thursday, March 17, at 9 a.m. During the third day of trial, the defense brought up their witnesses. The jurys decision is a declaration that an Arkansas law enforcement officer, in full uniform, unlawfully killed Hunter Brittain, the attorneys said. [DOCUMENT: Coroners report for Noah Hunter Brittain arkansasonline.com/coronerbrittain]. While it is difficult to wait for answers, it is important that the investigation that occurs is both fair and complete.. Jordan King was the passenger in the truck at the time of the shooting and was placed into custody by Davis and another unnamed deputy. He gave commands to stop issue of policing is not about Black and white, Reverend Al Sharpton said a! 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