I never touched it, Graham said when asked about the file. It wont require a recusal, Abdul-Bey said. Davis claimed he didn't realize he didn't turn on his body camera until after the shots were fired. The last witness called in by prosecution was Davis' former boss, Sheriff John Staley, who told the jury that Davis had issues with turning on his body camera in the past. "What the jury said is that a law enforcement officer in uniform committed a crime, and the jury has said that Hunter Brittain was unlawfully killed by Michael Davis. I respect the decision of the jury. 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 . But even after the verdict, the Brittain family said this isn't the end of them telling Hunter's story. 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. Michael Davis to spend a year in jail but acquitted of manslaughter over death of Hunter Brittain, 17, during June traffic stop. Please read our Terms of Use or contact us. It makes you concerned that they are looking for a weapon. Newcomb said he isnt concerned by Grahams involvement with investigators. The Arkansas State Police on Friday released body camera footage showing the moments after former Lonoke County sheriff's Deputy Michael Davis fatally shot Hunter Brittain during an early morning traffic stop June 23. 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. If they make the wrong determination, there is a good chance they will not be reelected, he said. An ambulance arrives on the scene at 14 minutes after "shots fired" went across the radio. 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. 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. Its about right and wrong.. 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. 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. The next day, the Arkansas State Police passed the investigation file to Grahams office. 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. Phillips was passed the investigative file by the coordinating office July 15, according to an email from McMahan. The misdemeanor charge enables Davis to still be eligible to serve as a law enforcement officer. Al Sharpton gave a eulogy asking for the public to come together to help push for policing reforms. While it is difficult to wait for answers, it is important that the investigation that occurs is both fair and complete.. The only one who has been accurate on that is Sgt. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. The report was first requested by the Arkansas Democrat-Gazette on July 8. Heres what you need to know. The two government bodies work separately but lean on each other to take criminal cases to fruition. Copyright 2023, Arkansas Democrat-Gazette, Inc. The Arkansas State Crime Laboratory cant publicly release the autopsy report because of Arkansas Code 1212-312, Director Kermit Channell said. Devon Jacob, Brittains familys attorney, described the report as unclear. 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. 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 teen didnt respond to verbal commands given by the deputy, Necomb said. The family is going to continue to trust the process, Jacob said. Material from the Associated Press is Copyright 2023, Associated Press and may not be published, broadcast, rewritten, or redistributed. No. "I was not happy. He was sentenced to one year of probation and 300 hours of community service. He said each prosecutors office has to make its own determination on how to handle police shootings. Davis has been with the Sheriff's Office since 2013. But King said Davis never gave any commands to Brittain before he shot him. 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. Once he gets back? Every state, every locality, is different, Marque Heydari said. Didn't put the truck in park, nothing," Davis says. Davis, who was originally charged with felony manslaughter, fatally shot Brittain who was test-driving his truck after working on it all night. 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. He is the first law enforcement officer to be convicted by an Arkansas jury for an on-duty shooting in recent history. Some of Brittains family members have said a witness to the shooting claims Davis didnt offer verbal commands before the shooting. The case made national headlines and gained the attention of civil-rights activists, including the Rev. 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. It also attracted the attention of Black civil rights leaders like attorney Benjamin Crump, who is representing Brittains family, and has stood alongside them as theyve called for justice. Michael Davis shot and killed 17-year-old Hunter Brittain has been released. 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. We'll never have Hunter standing with us again.". The family of Brittain has hired Devon Jacob and Benjamin Crump to represent them in the case. Hunter Brittain (left) and then-Sgt. 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. King was in the car with Brittain in the early morning hours of June 23, 2021. 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.. 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.. The police officer has a lot more situational awareness of a danger than maybe you or I would be aware of, Newcomb said. who was shot and killed by a white Lonoke County sheriffs deputy. Davis, an eight-year veteran with the Lonoke County Sheriffs office, gave the boy commands to stop and shot him before he could see what he was retrieving, which turned out to be a jug of antifreeze. He told the state police when he was interviewed by them that he shot one time and why. 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. Davis was fired by the Lonoke county sheriff, John Staley, for not turning on his body camera until after shooting Brittain. 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. I think its murder, she said. One of their witnesses included a law enforcement officer who has trained many officers of when to use deadly force. The county has not decided whether to grant the hearing, County Attorney Allen Dodson said Wednesday. 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. "[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. Davis turned himself inon Friday, Sept. 17, after the special prosecuting attorney issued an arrest warrant for manslaughter. "I was hoping for a not guilty verdict on both charges. A video from Rice, who arrived within minutes of the shooting, shows King on the ground in cuffs as Davis yells. You tend to know almost all the officers, it doesnt mean you recuse on everything. Graham refused to comment further on the communications when asked by the Democrat-Gazette on Wednesday. All rights reserved. Some of Brittains family members have said a witness to the shooting claims Davis didnt offer verbal commands before the shooting. But the passenger in the truck heard no verbal communication, only 1 shot. (AP) The Rev. Mike Davis near a body shop in Cabot. At that point, that was within a couple days of the event.. Newcomb has said Brittain was pulled over by Davis because his vehicle was smoking heavily and an engine was knocking. 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. On Rice's footage, crime tape starts to go up as he gets Brittain's name from King. 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. He's still driving on his way to the scene. Both were lawyers in George Floyd's murder case. Hunter did nothing wrong, just like we felt George Floyd did nothing wrong, Sharpton told reporters before the memorial. We hope that the jury can see the things that we see," she said. Brttain went to the bed to get something(transmission fluid / anti-freeze) for the truck. the officer fired 1 shot killing the teen. 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 charge was brought by special prosecutor Jeff Phillips of the 5th Judicial District after Lonoke County prosecutor Chuck Graham recused himself from the case. (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 said he gave commands to Brittain to show his hands that were ignored. Well, wonder no more! I do all the on-call stuff, Graham said in a phone conversation last week. In July, Phillips, a prosecutor from a district on the other side of the state, was assigned to handle the case. Hunter Brittain, the 17-year-old killed by a Lonoke County sheriff's deputy in June, died of gunshot wounds in his neck and arm, according to a coroner's report released Wednesday. "I didn't say that this defendant was a bad guy. 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. According to a statement previously released by the Brittain familys attorney, the teen exited his truck to place a blue plastic bottle of antifreeze behind a wheel because the vehicle wouldnt shift into park. 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. 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. Famed attorney Ben Crump named one of TIME's100 Most Influential People, Please refresh the page or navigate to another page on the site to be automatically logged in, Please refresh your browser to be logged in. In shooting case, office failed to quickly cut police contact, 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 photo. 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. The passenger in Brittains truck said he and the teen had been working on the pickups transmission. Unfortunately no one was ever trained on what the "if possible" meant. As Brittain did this, Davis shot one round at Brittain in his lower right neck. Press J to jump to the feed. 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. Chances are you haven't yet heard about 17-year-old Hunter Brittain who, despite being unarmed, was shot dead by police during a traffic stop. Investigators found no firearms in or near the truck. While it is difficult to wait for answers, it is important that the investigation that occurs is both fair and complete.. 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. 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.. 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. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. The car, which had transmission issues, began smoking and was pulled over by Davis as it neared the repair shop. "We're glad that we're finally at this point. His attorney, Newcomb, did not immediately respond to a request for comment. 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 shot by a Lonoke County Sheriff's Deputy during a traffic stop on June 23. Even though it's not the ending he wanted, defense attorney Robert Newcomb said juries often go with the lesser charge. The Lonoke County prosecutors office had contact with the Arkansas State Police before and after recusing itself because of an unavoidable conflict in the investigation into the fatal shooting June 23 of 17-year-old Hunter Brittain by a sheriffs deputy. 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. The Arkansas Democrat-Gazette reported that Davis was also given a $1,000 fine. 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. 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. One bullet can go through and cause injury in more than one location, Newcomb said. Moving forward, both Brittain's family and Michael Davis will be involved in separate civil lawsuits against the Lonoke County Sheriff's Office. The car, which had transmission issues, began smoking and was pulled over by Davis as it neared the repair shop. Its time they start letting us know something., Community members also rallied behind the Brittain family, demanding Justice for Hunter.. Michael Davis, during a traffic stop June 23 near Cabot, about 30 miles (50 kilometers) northeast of Little Rock. The Arkansas State Crime Laboratory cant publicly release the autopsy report because of Arkansas Code 1212-312, Director Kermit Channell said. 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. Devon Jacob, Brittains familys attorney, described the report as unclear. He took a life.. Newcomb, a Little Rock attorney who often represents police officers, requested a grievance hearing on behalf of Davis from Lonoke County. Few details about the shooting have been officially released over the past two months. People protesting the killing of 17-year-old Hunter Brittain doing burnouts in the parking lot of the Lonoke County sheriff's office. Davis and King have said that Brittain jumped out of the truck as soon as he stopped for Davis. The white teens death prompted protests in a region of the state not known for speaking out against police violence. 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. Brittains shooting by a Lonoke County sheriffs deputy has drawn the attention of civil rights activists nationally. Without all the evidence I cannot make any determination on whether the shooting was proper.. 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. The state police released a majority of the investigative file Friday. Im his grandmother. 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. 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. Rice's video also starts right before "shots fired" transmits across his radio. Jordan King, Brittains cousin who was in the car with him at the time, said Brittain hopped out with the jug to place it behind the trucks tireswhich is something the teen always did to help stop the old truck. A jury found former Lonoke County Sgt. Due to that failure, I have terminated the employment of this deputy, the sheriff said in a video statement on Facebook. They always seem to have their body cameras off. This is the ideal, Marque Heydari said. 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. 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. Al Sharpton, who spoke at Brittain's funeral July 6 at Beebe High School, where the teen attended school. Now that the trial has begun, Brittain's Aunt Mary Robertson is praying that that accountability happens in the coming days. That's all I asked for," Rebecca Payne, Brittain's grandma, said. 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. He told the state police when he was interviewed by them that he shot one time and why. I never expected anything like what happened, especially not just a country boy working on his truck and taking it for a test drive, she said. Brittain was fatally shot by a deputy during a traffic stop . Hunter Brittain (left) and then-Sgt. 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. 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. But it turned out to just be a jug of antifreeze. The video was first seen by the public during the first day of Davis' trial. Press question mark to learn the rest of the keyboard shortcuts. On June 23, Hunter's life was cut short when a Lonoke County sheriff's deputy fatally shot him during a traffic stop. Brittain turned into a lot off the highway and jumped out of the vehicle, which was rolling backward, Newcomb said 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. Brittains family and friends have held protests nightly outside the Lonoke County sheriffs office and have complained about the lack of information released. 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. Brittain made his way to the truck bed, where he grabbed a blue coolant jug. He also got emotional multiple times during his testimony. (NWA Media). Phillips received the investigative file on July 15, according to an email from the prosecutor coordinating office. When asked what that might include, he said, Not much for the state police. 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. Bodycam footage of an Arkansas deputy responding to the scene after former Sgt. Staley noted this was a department policy violation and used that as justification for Davis being fired. 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. The issue of policing is not about Black and white, Reverend Al Sharpton said at a eulogy for Mr Brittain. Hes currently being held in an undisclosed jail, after being booked in Lonoke County. Authorities have released few details about the shooting. You know, he'll go back to force," she said. The civil-rights attorneys also represented the family of George Floyd, who died in 2020 while in police custody in Minneapolis. It's a case that's gained national attention and one that has greatly impacted the community of Lonoke and across Arkansas. What happened to the officer who shot Hunter Brittain? Michael Davis guilty of negligent homicide in the fatal shooting of 17-year-old Hunter Brittain. This document may not be reprinted without the express written permission of Northwest Arkansas Newspapers LLC. About 9:45 into the video, another officer comes up to Davis and says, "Buddy, I'm going to put my gun in your holster.". 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. They didnt say one word that I know of, he told KATV. I cant speak to what different offices practice are. btw before the traffic stop, the officer turned off his body-cam, then turned it on after the shooting which is against department policy. Shortly after the shooting, Davis was fired by the Lonoke County Sheriffs Office for breaking their body-camera policy. Got a tip? He has not responded to numerous emails requesting updates on the investigation, including a message sent Wednesday. 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. 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 document says what it says, Jacob 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. I didnt get into this job to kill people, he said. If convicted, he could face three to 10 years in prison. Scott Hundley said this is the beginning of what's going to be a long week for those close to Brittain. Davis was fired by Lonoke County Sheriff John Staley a week after the shooting for breaking a department policy that requires deputies body cameras to be turned on before interactions with the public. 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. Hunters family is already distrustful because they havent gotten any answers whatsoever, Crump said. Who is Hunter Brittain, the 17-year-old killed by Arkansas police? This material may not be published, broadcast, rewritten, or redistributed. 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. Were ready to find out something. Five minutes into Rice's video, someone notes that Brittain is still breathing. [DOCUMENT: Coroners report for Noah Hunter Brittain arkansasonline.com/coronerbrittain]. 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. Chuck. Text messages sent later that day and on June 28 were redacted by the state police agency. After a short break, open arguments started around 2:30 p.m. Arkansas State Police are investigating Brittains death. His death sparked nationwide protests over policing and racial inequality. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. Staley also said the Lonoke County Sheriff's Office does not have dash cameras on its police vehicles. 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