Davis, who was originally charged with felony. 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. But we are going to change that. Alissa Marque Heydari, deputy director for the Institute of Innovation in Prosecution at the John Jay College of Criminal Justice in New York City, says it is recommended that if a prosecuting office is involved in an investigation, the office is staffed by prosecutors and investigators who are completely internally separate from the rest of the office. The jurys decision is a declaration that an Arkansas law enforcement officer, in full uniform, unlawfully killed Hunter Brittain, the attorneys 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. Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. All rights reserved. The Arkansas Democrat-Gazette reported that Davis was also given a $1,000 fine. The video was first seen by the public during the first day of Davis' trial. As they were getting pulled over, King said they were laughing and thought it was funny because the truck was smoking. 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. On Friday, Jeff Phillips, a special prosecutor assigned to the case, announced that Michael Davis, the sergeant who shot Brittain, will be charged with manslaughter for recklessly shooting at Brittain. It's not that this isn't a shocking and tragic. 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. I'll say I'm not necessarily surprised by that burden," he said. Davis could be sentenced to up to 10 years in prison if found guilty. Bodycam footage of an Arkansas deputy responding to the scene after former Sgt. 1, we dont have situations like this very often, he said. 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. Brittains family and friends have held protests nightly outside the Lonoke County sheriffs office and have complained about the lack of information released. "[It's] going to cost him $15,000 to go home and be with his family, while we're at a loss. The car, which had transmission issues, began smoking and was pulled over by Davis as it neared the repair shop. The witness said that Davis was in compliance with his training. Davis was sentenced to 1-year in jail plus a $1,000 fine. At about seven minutes into the video, another deputy arrives and says, "Why don't we just chill and stop talking now?". Press question mark to learn the rest of the keyboard shortcuts. While it is difficult to wait for answers, it is important that the investigation that occurs is both fair and complete.. Devon Jacob, Brittains familys attorney, described the report as unclear. Hunter did nothing wrong, just like we felt George Floyd did nothing wrong, Sharpton told reporters before the memorial. 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. No matter which side you looked at, it was a difficult week for everyone. We hope that the jury can see the things that we see," she said. Davis said he could not see the 17-year-old's hands before shooting. 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. 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. An Arkansas sheriff's deputy shot and killed a teenager after a traffic stop early Wednesday, officials said. But if we segregate how we react, then were wrong.. Davis was fired by the Lonoke county sheriff, John Staley, for not turning on his body camera until after shooting Brittain. 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. Former Arkansas deputy Michael Davis was found guilty of negligent homicide in the shooting death of 17-year-old Hunter Brittain. Unfortunately no one was ever trained on what the "if possible" meant. Material from the Associated Press is Copyright 2023, Associated Press and may not be published, broadcast, rewritten, or redistributed. 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. Shortly after the shooting, Davis was fired by the Lonoke County Sheriffs Office for breaking their body-camera policy. The county has not decided whether to grant the hearing, County Attorney Allen Dodson said Wednesday. But it turned out to just be a jug of antifreeze. Some of Brittains family members have said a witness to the shooting claims Davis didnt offer verbal commands before the shooting. One bullet can go through and cause injury in more than one location, Newcomb said. Pierson pled guilty to one count of vehicular manslaughter with gross negligence. On Rice's footage, crime tape starts to go up as he gets Brittain's name from King. 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. [2] Killing [ edit] After a short break, open arguments started around 2:30 p.m. The video starts with Davis saying, "Shots fired, shots fired," across his radio. 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. Print Headline: Lonoke deputy fatally shot teen Hunter Brittain in neck, arm, coroner says. "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. There were no indications of drug and alcohol use listed on the coroners report. What happened the night Hunter Brittain died? The vehicle was smoking and making loud noises, Davis and King have said. 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. Arkansas State Police are investigating Brittains death. 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 took a life.. It was emotional for witnesses and Brittain's family, many of them had to step out of the courtroom. The document says what it says, Jacob said. Once it happened to my sons best friend, I said it could happen to my son so it was too close to home to not do anything about it., Dozens of people gathered outside the sheriffs office after the memorial service for a rally with Brittains family, attorneys and the NAACP. On June 23, Hunter's life was cut short when a Lonoke County sheriff's deputy fatally shot him during a traffic stop. A jury found former Lonoke County Sgt. 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. The people of this county are good, decent people and they, like me, want to see accountability and transparency in this situation, Staley wrote on the offices Facebook page. Davis 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. 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. That's all I asked for," Rebecca Payne, Brittain's grandma, said. You could always say Mr. Graham should have stepped away immediately but that is hindsight, Newcomb said. Are people going to have to fear for their lives again? she told reporters. 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. Prosecuting attorney, Jeff Phillips said the state is fine with the verdict but the sentencing wasn't what they expected. Its about right and wrong.. "I didn't say that this defendant was a bad guy. The first witness called to the stand by the prosecution team was 16-year-old Jordan King. 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. Newcomb, a Little Rock attorney who often represents police officers, requested a grievance hearing on behalf of Davis from Lonoke County. But the passenger in the truck heard no verbal communication, only 1 shot. The civil rights attorneys, who represented George Floyds family after Minneapolis police killed him in May 2020, said: Hunter deserved better. "Why'd he hop out of the truck and grab that? 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! 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. During a public memorial for Brittain earlier this week, Rev. Davis said all of these things were the reason he felt afraid for his life and thought Brittain "was going to kill him.". [DOCUMENT: Coroners report for Noah Hunter Brittain arkansasonline.com/coronerbrittain]. "I don't think it's fair. The two government bodies work separately but lean on each other to take criminal cases to fruition. Crump and Jacob invoked other people killed by police, including Breonna Taylor, a Kentucky woman who was fatally shot during a botched police raid. Example video title will go here for this video. She said that is easier for larger prosecuting offices to implement. (Tommy Metthe/The Arkansas Democrat-Gazette via AP), Connect with the definitive source for global and local news. 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.. The sentence has resulted in mixed emotions from many parties involved, that all had comments after the verdict. 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. They didnt say one word that I know of, he told KATV. Michael Davis to spend a year in jail but acquitted of manslaughter over death of Hunter Brittain, 17, during June traffic stop. There were no indications of drug and alcohol use listed on the coroners report. Davis was originally charged with manslaughter, in a a case that was difficult for everyone involved. Ex-deputy charged with manslaughter in death of Arkansas teen out on bond. The family is going to continue to trust the process, Jacob said. King, 16 at the time, said the teens had previously used a coolant container to stop the truck from rolling back. His attorney did not respond to a request for comment. Brittain had been fatally shot by a Lonoke County sheriff's deputy during a traffic stop early that morning. You know, he'll go back to force," she said. Brittain was up late working on the vehicles transmission before taking the test drive, family members have said. While it is difficult to wait for answers, it is important that the investigation that occurs is both fair and complete.. How much help are American volunteers in Ukraine? Brittains family has said the teenager was unarmed and was holding a jug of antifreeze when he was shot. At that point, that was within a couple days of the event.. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. Attorney Ben Crump and Jacob were retained by Brittains family in the days after the shooting as the case received national attention. Larger agencies might not have the day-to-day contact with individual investigators, which you find in a small prosecutors office, Golden said. Staley on Monday said he welcomed those who want to peacefully protest, but that out-of-state activists could risk inflaming an already difficult situation.. 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. A key piece to the kit involves prosecutors clearly outlining decisions for the public. If convicted, he could face three to 10 years in prison. 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. Al Sharpton gave a eulogy asking for the public to come together to help push for policing reforms. It has been called Dr. Seuss Day because of this. Brittains death has received national attention in the wake of other fatal shootings involving police. He said Davis gave verbal commands directing Brittain stay in the vehicle. Graham said hes sent the file to the state prosecutor coordinator since hes requested a special prosecutor to handle the case. Im not sure we could set a policy at the national level that could cover all circumstances. Prosecutors are held accountable by elections, Golden said. Jury deliberations lasted less than three hours. Send it to The Daily Beasthere. 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. But King said Davis never gave any commands to Brittain before he shot him. He would have faced between three and 10 years in prison for manslaughter, a felony. I didnt get into this job to kill people, he said. They always seem to have their body cameras off. Video at arkansasonline.com/mdavis/. The white teens death prompted protests in a region of the state not known for speaking out against police violence. Now whats going to happen? 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. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. The young man jumped out and ran to the back of the car and stuck his hands into the back of the vehicle and still wasnt responding to any verbal commands, Newcomb said. In Arkansas, law enforcement agencies typically investigate cases while prosecutors make the decision on whether criminal charges will be filed. On 1 July, the the sheriffs office announced it had fired sergeant Davis for failing to comply with the agencys body camera policy. Notifications can be turned off anytime in the browser settings. On Nov. 15, former Lonoke County Sgt. 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. 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. Phillips was passed the investigative file by the coordinating office July 15, according to an email from McMahan. 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. At that point, that was within a couple days of the event.. 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. As Brittain did this, Davis shot one round at Brittain in his lower right neck. 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. Ive had him for the last five years of his life, his grandmother Rebecca Payne said after the killing. Due to that failure, I have terminated the employment of this deputy, the sheriff said in a video statement on Facebook. Had been fatally shot teen Hunter Brittain in his lower right neck come... 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