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of Arkansas Democrat-Gazette, Inc. Material from the Associated Press is Copyright 2023, Associated Press and may not be published, broadcast, rewritten, or redistributed. A video from Rice, who arrived within minutes of the shooting, shows King on the ground in cuffs as Davis yells. This is something, Jesse Brittain, the boys uncle, told CBS News. (Tommy Metthe/The Arkansas Democrat-Gazette via AP), Connect with the definitive source for global and local news. The state police released a majority of the investigative file Friday. 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. They always seem to have their body cameras off. Were going to take this and see what else [the special prosecutor in the case] has got to say and hopefully this will stick. 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 next day, the Arkansas State Police passed the investigation file to Grahams office. But the passenger in the truck heard no verbal communication, only 1 shot. 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. Without all the evidence I cannot make any determination on whether the shooting was proper.. Hes currently being held in an undisclosed jail, after being booked in Lonoke County. The document says what it says, Jacob said. Brittain was test-driving a pickup truck with his cousin that the two spent the night tinkering on at a local repair shop. Honestly, I try to do the right thing. 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 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 biggest thing about his testimony was that he said he never heard Davis give any verbal cues until after Brittain was shot. But King said Davis never gave any commands to Brittain before he shot him. The maximum jail term faced by Davis, a former sergeant with the Lonoke county sheriffs office, was one year. 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. On June 23, Hunter's life was cut short when a Lonoke County sheriff's deputy fatally shot him during a traffic stop. 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 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. There were no indications of drug and alcohol use listed on the coroners report. My nephew, Hunter, is laying in a grave or refrigeration and this man is going to get to go home," he said. Arkansas State Police are investigating Brittains death. The document says what it says, Jacob said. There were no indications of drug and alcohol use listed on the coroners report. Notifications can be turned off anytime in the browser settings. Michael Davis of the Lonoke County sheriff's office are shown in this undated combination of courtesy photos. "I didn't say that this defendant was a bad guy. The teen didnt respond to verbal commands given by the deputy, Necomb said. 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. (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. The car, which had transmission issues, began smoking and was pulled over by Davis as it neared the repair shop. Staley also said the Lonoke County Sheriff's Office does not have dash cameras on its police vehicles. The family of Brittain has hired Devon Jacob and Benjamin Crump to represent them in the case. "Because the deputy failed to activate his bodycam, he has been terminated," Staley said in his statement. At that point, that was within a couple days of the event.. Davis did not report at the time that he was in pursuit because he realized the truck was attempting to turn left into the body shop. If they make the wrong determination, there is a good chance they will not be reelected, he said. One bullet can go through and cause injury in more than one location, Newcomb said. 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. Press J to jump to the feed. Michael Davis shot and killed 17-year-old Hunter Brittain has been released. It's not that this isn't a shocking and tragic. The case made national headlines and gained the attention of civil-rights activists, including the Rev. 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. Highway Patrol trooper on leave after fatal Morton County shooting. While the verdict isn't something they agree with, the Brittain family said they do accept it. Family members have said Brittain had been working on his trucks transmission and had been test driving it when he was pulled over. The only one who has been accurate on that is Sgt. During his instruction it states that you must tell the subject you are going to shoot them before "if possible." When buying cowboy boots, there are a few aspects to consider, such as how far up they go on your legs and their design. The family is going to continue to trust the process, Jacob said. It's been nine months of fighting and trying to make their voices heard by many, according to Hundley. It was emotional for witnesses and Brittain's family, many of them had to step out of the courtroom. 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. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. At that point, that was within a couple days of the event.. Bodycam footage of an Arkansas deputy responding to the scene after former Sgt. LITTLE ROCK, Ark. King, 16 at the time, said the teens had previously used a coolant container to stop the truck from rolling back. 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. Its about right and wrong.. 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. 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. 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! TIL Sam Kinison was killed by a drunk driving 17 year old, Troy Pierson. Sharpton eulogized 17-year-old Hunter Brittain, who was shot and killed by a white Lonoke County sheriff's deputy, Sgt. There is no body camera footage of the incident, though the officer had a camera in his possession. 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. 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. Phillips was passed the investigative file by the coordinating office July 15, according to an email from McMahan. He has not responded to numerous emails requesting updates on the investigation, including a message sent Wednesday. Davis, who was originally charged with felony. Moving forward, both Brittain's family and Michael Davis will be involved in separate civil lawsuits against the Lonoke County Sheriff's Office. I didnt hear it and it happened so fast.. He also shared what made him fear for his life, which consequently made him fire his gun. They added that cops are taught "hands kill" and if you can't see the persons hands, it could be a problem. The jury learned the character of Davis about how he is a volunteer firefighter, a father, and has a child on the way. The issue of policing is not about Black and white, Reverend Al Sharpton said at a eulogy for Mr Brittain. attracted the attention of Black civil rights leaders. Newcomb has said Brittain was pulled over by Davis because his vehicle was smoking heavily and an engine was knocking. 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. 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He said each prosecutors office has to make its own determination on how to handle police shootings. Davis, who was originally charged with felony manslaughter, fatally shot Brittain who was test-driving his truck after working on it all night. It's a case that's gained national attention and one that has greatly impacted the community of Lonoke and across Arkansas. The sentence has resulted in mixed emotions from many parties involved, that all had comments after the verdict. Graham filed the motion for a special prosecutor on July 8, a week after a conversation with the Arkansas Democrat-Gazette. 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. Sharpton eulogized 17-year-old Hunter Brittain, who was shot and killed by a white Lonoke County sheriffs deputy, Sgt. 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. Family members said Brittain was grabbing a container that held antifreeze to place behind the trucks wheel, to stop it rolling backward. 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. 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. King said he never heard any commands from Davis before the gunshot. A family photo of Hunter Brittain, a 17-year-old boy from Arkansas who was shot during a traffic stop, when an officer saw him reaching for a jug in the back of his truck. The Lonoke County sheriff's deputy opened fire on Hunter Britain, 17, after he. 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. Crump previously released a statement that Brittain was shot three times by Lonoke County sheriffs Sgt. 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.". He also got emotional multiple times during his testimony. 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 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.. 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. "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. According to his family members, he went to place a large blue plastic bottle. 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. (Arkansas Democrat-Gazette/Thomas Metthe). 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. 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.". 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." Davis is white. Mike Davis near a body shop in Cabot. 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. The Arkansas State Crime Laboratory cant publicly release the autopsy report because of Arkansas Code 1212-312, Director Kermit Channell said. After a few minutes, he can be heard crying. In Arkansas, law enforcement agencies typically investigate cases while prosecutors make the decision on whether criminal charges will be filed. 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. The killing in the predominantly white community has drawn the attention of national civil rights activists . Prosecuting attorney, Jeff Phillips said the state is fine with the verdict but the sentencing wasn't what they expected. Rice's video also starts right before "shots fired" transmits across his radio. Ultimately the 12 jurors were seated-- made up of nine women, three men, and two alternates. Rev. The only ones are at the very top and that's so the jury will not be able to hear anything going on outside. Kwami Abdul-Bey, legislative/political action chairman for the Jacksonville branch of the NAACP, said the measure would include a position at the Arkansas attorney generals office that would be responsible for investigating police shootings or brutality cases. Graham said hes sent the file to the state prosecutor coordinator since hes requested a special prosecutor to handle the case. Im his grandmother. Phillips received the investigative file on July 15, according to an email from the prosecutor coordinating office. This is the ideal, Marque Heydari said. "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. He said Davis missed one of the three steps needed to activate the camera. Rebecca Payne, Brittains grandmother, said family members wanted the deputy convicted of the felony to ensure he could not serve as an officer again. 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 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. [DOCUMENT: Coroners report for Noah Hunter Brittain arkansasonline.com/coronerbrittain]. Davis claimed in that interview that he shouted at Brittain to "show me our hands." He said Davis gave verbal commands directing Brittain stay in the vehicle. 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. His death sparked nationwide protests over policing and racial inequality. The Arkansas State Crime Laboratory cant publicly release the autopsy report because of Arkansas Code 1212-312, Director Kermit Channell said. Al Sharpton, who spoke at Brittain's funeral July 6 at Beebe High School, where the teen attended school. Devon Jacob, Brittains familys attorney, described the report as unclear. A jury found former Lonoke County Sgt. Original reporting and incisive analysis, direct from the Guardian every morning, A memorial for Hunter Brittain in Beebe, Arkansas last year. He's still driving on his way to the scene. You know, he'll go back to force," she said. 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 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 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. 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. Video at arkansasonline.com/mdavis/. 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. Scott Hundley said this is the beginning of what's going to be a long week for those close to Brittain. 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 . 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.. Attorney Ben Crump and Jacob were retained by Brittains family in the days after the shooting as the case received national attention. Davis said he could not see the 17-year-old's hands before shooting. Pierson pled guilty to one count of vehicular manslaughter with gross negligence. Brittain was fatally shot by a deputy during a traffic stop . Newcomb, a Little Rock attorney who often represents police officers, requested a grievance hearing on behalf of Davis from Lonoke County. Davis said he gave commands to Brittain to show his hands that were ignored. He told the state police when he was interviewed by them that he shot one time and why. Michael Davis of the Lonoke County sheriff's office are shown in this undated combination of courtesy photos. 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. Handle police shootings has said Brittain was fatally shot Brittain who was originally charged with manslaughter! Release the autopsy report because of Arkansas Code 1212-312, Director Kermit Channell said and trying to make voices. Trying to make their voices heard by many, according to Hundley a prosecutor. During his testimony was that he shouted at Brittain 's funeral July 6 at Beebe High School where... 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