Minutes after the shooting, a third deputy starts to console Davis while still at the scene. 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. Michael Davis of the Lonoke County sheriff's office are shown in this undated combination of courtesy photos. If convicted, he could face three to 10 years in prison. Got a tip? If you use a windshield cover, you can at least forget about scrapping the ice off your windshield to save some time and hassle. Davis said he could not see the 17-year-old's hands before shooting. 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. All rights reserved. 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. They added that cops are taught "hands kill" and if you can't see the persons hands, it could be a problem. Attorney Ben Crump and Jacob were retained by Brittains family in the days after the shooting as the case received national attention. He told the state police when he was interviewed by them that he shot one time and why. BEEBE, Ark. Send it to The Daily Beasthere. 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. 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. A video from Rice, who arrived within minutes of the shooting, shows King on the ground in cuffs as Davis yells. Are people gonna have to fear for their life again? We'll never have Hunter standing with us again.". Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. Brittains family claim the teen had been working on his pickup, and that at the time of the shooting he was unarmed, with only a bottle of antifreeze in his hands. The issue of policing is not about Black and white, Reverend Al Sharpton said at a eulogy for Mr Brittain. On Nov. 15, former Lonoke County Sgt. What were the ramification to the LEO that decided to break their oath?? Former Arkansas deputy Michael Davis was found guilty of negligent homicide in the shooting death of 17-year-old Hunter 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. 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. 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. Lonoke County Prosecutor Chuck Graham said he had received the Arkansas State Police case file on the deadly shooting of the teen during a June 23 traffic stop. Material from the Associated Press is Copyright 2023, Associated Press and 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. Michael Davis, a former police sergeant in Arkansas, has been charged with manslaughter for "recklessly" shooting and Hunter Brittain, an unarmed 17-year-old killed during a traffic stop. Hunters family is already distrustful because they havent gotten any answers whatsoever, Crump said. 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 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. He remains free on bond pending appeal. 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. 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.". He said each prosecutors office has to make its own determination on how to handle police shootings. The memorial included calls to pass federal legislation in Floyds name to overhaul police practices. Attorneys Ben Crump and Devon Jacob, representing Brittains family, criticized the sheriff for not firing Davis over the shooting itself. But if we segregate how we react, then were wrong.. The jurys decision is a declaration that an Arkansas law enforcement officer, in full uniform, unlawfully killed Hunter Brittain, the attorneys said. (Tommy Metthe/The Arkansas Democrat-Gazette via AP), Connect with the definitive source for global and local news. 1, we dont have situations like this very often, he said. 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. The investigation of the shooting was quickly turned over to the Arkansas State Police. In July, Phillips, a prosecutor from a district on the other side of the state, was assigned to handle the case. 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. 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. Brittain turned into a lot off the highway and jumped out of the vehicle, which was rolling backward, Newcomb said Wednesday. Both were lawyers in George Floyd's murder case. 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. 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. One bullet can go through and cause injury in more than one location, Newcomb said. Honestly, I try to do the right thing. 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. According to his family members, he went to place a large blue plastic bottle. 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 . Michael Davis took the stand as the defense's last witness. 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. Authorities have released few details about the shooting. In Arkansas, law enforcement agencies typically investigate cases while prosecutors make the decision on whether criminal charges will be filed. How much help are American volunteers in Ukraine? 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. Were going to take this and see what else [the special prosecutor in the case] has got to say and hopefully this will stick. 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. Attorney Ben Crump and Jacob were retained by Brittains family in the days after the shooting as the case received national attention. Few details about the shooting have been officially released over the past two months. Brittain was up late working on the vehicles transmission before taking the test drive, family members have said. I didn't say he was a mean guy. Crump led the crowd in chanting, Hunter Brittains life matters.. "I was hoping for a not guilty verdict on both charges. 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. Crump questioned Grahams involvement in the case in response to inquiries Wednesday by the Arkansas Democrat-Gazette. That's what this jury says, that's a strong finding," he 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. Investigators found no firearms in or near the truck. The teen didnt respond to verbal commands given by the deputy, Necomb said. The following day on March 18, the jury found Michael Davis guilty of negligent homicide in the fatal shooting of Hunter Brittain after 2.5 hours of deliberation. It was emotional for witnesses and Brittain's family, many of them had to step out of the courtroom. 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. Sharpton eulogized 17-year-old Hunter Brittain, who was shot and killed by a white Lonoke County sheriffs deputy, Sgt. My nephew, Hunter, is laying in a grave or refrigeration and this man is going to get to go home," he said. 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. 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. 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. Are people going to have to fear for their lives again? she told reporters. Every state, every locality, is different, Marque Heydari said. Wendy Lindsey, Hunters cousin, said in an interview shortly after the announcement on Friday that she was happy at least something was done. But she added that she didnt think the manslaughter charge for Davis was enough. 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. Crump and Jacob invoked other people killed by police, including Breonna Taylor, a Kentucky woman who was fatally shot during a botched police raid. Brittains death has received national attention in the wake of other fatal shootings involving police. 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. Now whats going to happen? Davis said he shot Brittain once, after the teen exited his truck and. Staley said the only footage police have is from the aftermath. Ex-deputy charged with manslaughter in death of Arkansas teen out on bond. "Although Mr. Davis no longer works for my office, Ive been following this case closely. He took the vehicle for a test drive down Highway 89, outside of the city of Cabot, Arkansas, and was pulled over as the car began to smoke and cause a racket. Jurors acquitted Michael Davis of manslaughter while finding him guilty of the misdemeanor charge in the death of 17-year-old Hunter Brittain during a June traffic stop outside Cabot, a city of about 26,000 people roughly 30 miles north-east of Little Rock. He 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. 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. His attorney, Newcomb, did not immediately respond to a request for comment. The biggest thing about his testimony was that he said he never heard Davis give any verbal cues until after Brittain was shot. When asked what that might include, he said, Not much for the state police. His press conference on Friday was brief and he refused to take questions. 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. 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 Hunter did nothing wrong, just like we felt George Floyd did nothing wrong, Sharpton told reporters before the memorial. It's been nine months of fighting and trying to make their voices heard by many, according to Hundley. 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. Brittain was transferred to a nearby hospital where he died from the gunshot wound. The jury learned the character of Davis about how he is a volunteer firefighter, a father, and has a child on the way. Special prosecutors, who dont have connections to the police agency, are then appointed by the Arkansas prosecutor coordinator, Bob McMahan. "It was cold-blooded murder by the Lonoke police. They argued that the shooting shows how police violence affects all people and called for reform. TIL Sam Kinison was killed by a drunk driving 17 year old, Troy Pierson. 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.. Davis, who was originally charged with felony manslaughter, fatally shot Brittain who was test-driving his truck after working on it all night. Video at arkansasonline.com/mdavis/. Davis retained Arkansas attorney Robert Newcomb after being fired for what Sheriff John Staley described as a policy violation for failure to turn on his body camera in a timely manner. 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. Want to bookmark your favourite articles and stories to read or reference later? But even after the verdict, the Brittain family said this isn't the end of them telling Hunter's story. There's no way around it and nobody's gonna change my mind about it," he said. Melissia McMahan, who is the Brittain familys mail carrier and knew the teen since he was a toddler, said she had thought about the need for police reform before Brittains death but hadnt thought it was something her own community would face. Davis said he gave commands to Brittain to show his hands that were ignored. The file includes hundreds of documents, including Davis' employment record, body camera footage from deputies and Cabot police officers who responded, crime scene photos and interviews with witnesses. 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! 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. 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. "Why'd he hop out of the truck and grab that? 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 . Davis was sentenced to 1-year in jail plus a $1,000 fine. They should have no interaction with police officers because that can create a sense of bias, Marque Heydari said. The Arkansas Democrat-Gazette and other media outlets have requested footage of the shooting for the past nine months, since the incident happened. LITTLE ROCK, Ark. Family members have said Brittain had been working on his trucks transmission and had been test driving it when he was pulled over. Example video title will go here for this video. The report was first requested by the Arkansas Democrat-Gazette on July 8. I think its murder, she said. The case attracted attention from national civil rights leaders better known for their work with Black Lives Matter. 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. Highway Patrol trooper on leave after fatal Morton County shooting. Davis was originally charged with felony manslaughter Sept. 17. 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. Former Arkansas deputy Michael Davis was found guilty of negligent homicide in the shooting death of 17-year-old Hunter Brittain. The law states that records, files and information kept, obtained or retained by the lab are privileged and confidential and that only a defendant, attorney of defendant or prosecuting attorney can be granted access to records pertaining to a defendants criminal case.. Davis, who was originally charged with felony. 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. Staley noted this was a department policy violation and used that as justification for Davis being fired. Suspect in shooting of Springdale woman shot by officer after pointing gun at police, Communication program for people with nonverbal autistm coming to Fort Smith, Heavy rain and storms likely to increase Thursday across Arkansas, Storm warning fatigue | Alerting Arkansas. A passenger and another witness testified they never heard Davis tell the teen to show his hands. Now that the trial has begun, Brittain's Aunt Mary Robertson is praying that that accountability happens in the coming days. Newcomb has said Brittain was pulled over by Davis because his vehicle was smoking heavily and an engine was knocking. The family of Brittain has hired Devon Jacob and Benjamin Crump to represent them in the case. The family of Mr Brittain, who dreamed of being a NASCAR racing driver, was heartbroken over the shooting and called for full transparency from the sheriffs department. 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. As they were getting pulled over, King said they were laughing and thought it was funny because the truck was smoking. 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. All rights reserved. Its time they start letting us know something., Community members also rallied behind the Brittain family, demanding Justice for Hunter.. The Lonoke County sheriff's deputy opened fire on Hunter Britain, 17, after he. The Arkansas State Crime Laboratory cant publicly release the autopsy report because of Arkansas Code 1212-312, Director Kermit Channell 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. The next day, the Arkansas State Police passed the investigation file to Grahams office. Rebecca Payne, Brittains grandmother, said family members wanted the deputy convicted of the felony to ensure he could not serve as an officer again. He said he never heard any verbal cues from Davis until after the shots were fired. 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. The National Read Across America Day takes place every year on March 2, Geisels birthday. Hunter Brittain (left) and then-Sgt. Robert Newcomb, Daviss attorney, said he planned to challenge the standard jurors used to determine whether Davis was negligent. Unfortunately no one was ever trained on what the "if possible" meant. "I didn't say that this defendant was a bad guy. They have also pushed for state laws that would require officers to have their body cameras on their entire shift. At times, prosecutors will recuse themselves and request a special prosecutor for cases involving law enforcement officers because of the relationship between the two bodies. The trial for a former Lonoke County Sheriff's Deputy accused of killing an unarmed teenager during a traffic stop happened this week. Davis could be sentenced to up to 10 years in prison if found guilty. Ultimately the 12 jurors were seated-- made up of nine women, three men, and two alternates. 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. What happened to the officer who shot Hunter Brittain? Rice's video also starts right before "shots fired" transmits across his radio. Jury deliberations lasted less than three hours. It wont require a recusal, Abdul-Bey said. It has been called Dr. Seuss Day because of this. Closing arguments lasted a little over an hour. The two were test-driving the vehicle about 3 a.m when Davis pulled them over. Few details about the shooting have been officially released over the past two months. "He will be with us in our hearts and I hope everyone will know that and see that as time goes on and we are not going to forget about Hunter," Payne said. Brittain was up late working on the vehicles transmission before taking the test drive, family members have said. Davis said mentioned several things that led to him firing his gun. The jury was asked a series of questions related to law enforcement and their opinions. The civil-rights attorneys also represented the family of George Floyd, who died in 2020 while in police custody in Minneapolis. Davis claimed he didn't realize he didn't turn on his body camera until after the shots were fired. Create an account to follow your favorite communities and start taking part in conversations. I do all the on-call stuff, Graham said in a phone conversation last week. The video starts with Davis saying, "Shots fired, shots fired," across his radio. The trial is taking place at the Cabot Readiness Center, where it was moved from the Lonoke County courthouse, mainly due to the fact that there are not a lot of windows inside the courtroom. 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. The family is going to continue to trust the process, Jacob said. The maximum jail term faced by Davis, a former sergeant with the Lonoke county sheriffs office, was one year. 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 makes you concerned that they are looking for a weapon. Newcomb said he isnt concerned by Grahams involvement with investigators. A jury found former Lonoke County Sgt. He also shared what made him fear for his life, which consequently made him fire his gun. (Photo courtesy of Arkansas State Police). 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. Hunter's Uncle, Jesse Brittain, said all they wanted was acknowledgment and an apology. Jordan King told police that the two had been working on the truck's transmission all night and were test driving it. 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