The family of Brittain has hired Devon Jacob and Benjamin Crump to represent them in the case. Former Arkansas deputy Michael Davis was found guilty of negligent homicide in the shooting death of 17-year-old Hunter Brittain. Michael Davis took the stand as the defense's last witness. Press J to jump to the feed. Video at arkansasonline.com/mdavis/. 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. Some of Brittains family members have said a witness to the shooting claims Davis didnt offer verbal commands before the shooting. There's no way around it and nobody's gonna change my mind about it," he said. 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. Are people gonna have to fear for their life again? 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 teen was having trouble shifting the truck into park, according to a friend in the car at the time, so Mr Brittain jumped out of the car to retrieve a jug in the trucks bed he used as a backstop for the ageing vehicle. Attorney Ben Crump and Jacob were retained by Brittains family in the days after the shooting as the case received national attention. Brttain went to the bed to get something(transmission fluid / anti-freeze) for the truck. the officer fired 1 shot killing the teen. Staley noted this was a department policy violation and used that as justification for Davis being fired. He also shared what made him fear for his life, which consequently made him fire his gun. 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. 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. What were the ramification to the LEO that decided to break their oath?? If you use a windshield cover, you can at least forget about scrapping the ice off your windshield to save some time and hassle. But it turned out to just be a jug of antifreeze. There are no cameras allowed inside the courtroom and that's how it's going to be for the remainder of the week and for the rest of this trial. 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. Ben Crump, who represented Brittains family said: Hunter deserved better.. He has not responded to numerous emails requesting updates on the investigation, including a message sent Wednesday. He's still driving on his way to the scene. "Although Mr. Davis no longer works for my office, Ive been following this case closely. 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. 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. 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. Killing of Hunter Brittain Read Edit View history At approximately 3:00 am ( CDT) on Wednesday, June 23, 2021, 17-year-old Hunter Brittain, who was unarmed, was shot by Lonoke County sheriff's deputy Sgt. 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. Crump and Jacob invoked other people killed by police, including Breonna Taylor, a Kentucky woman who was fatally shot during a botched police raid. At that point, that was within a couple days of the event.. Crump questioned Grahams involvement in the case in response to inquiries Wednesday by the Arkansas Democrat-Gazette. Because he is not here, we all have to unite together and make sure people all over America know that we will get justice for Hunter Brittain, Crump said. At about seven minutes into the video, another deputy arrives and says, "Why don't we just chill and stop talking now?". Brittain was up late working on the vehicles transmission before taking the test drive, family members have said. Phillips received the investigative file on July 15, according to an email from the prosecutor coordinating office. Michael Davis near Cabot, Arkansas, United States. "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. He took a life.. (NWA Media). 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. Your life had meaning, youre loved and your family will not stop advocating until we have justice for you, Hunter, he said. They have also pushed for state laws that would require officers to have their body cameras on their entire shift. The defense also added and went through every reason why Davis feared for his life and fired the gun. They always seem to have their body cameras off. Devon Jacob, Brittains familys attorney, described the report as unclear. Davis then moves to sit in another vehicle by himself. Brittains death has received national attention in the wake of other fatal shootings involving police. 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. Brittain was shot by a Lonoke County Sheriff's Deputy during a traffic stop on June 23. Both were lawyers in George Floyd's murder case. Hunter Brittain, the 17-year-old killed by a Lonoke County sheriffs deputy in June, died of gunshot wounds in his neck and arm, according to a coroners report released Wednesday. Davis testified that he thought the teen was grabbing for a gun. 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. In July, Phillips, a prosecutor from a district on the other side of the state, was assigned to handle the case. Brittain was fatally shot by a deputy during a traffic stop . You could always say Mr. Graham should have stepped away immediately but that is hindsight, Newcomb said. 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. "I was hoping for a not guilty verdict on both charges. Its about right and wrong.. But if we segregate how we react, then were wrong.. "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. On Sept. 20, Davis was released on a $15,000 bond. The video starts with Davis saying, "Shots fired, shots fired," across his radio. 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. [DOCUMENT: Coroners report for Noah Hunter Brittain arkansasonline.com/coronerbrittain]. There is no body camera footage of the incident, though the officer had a camera in his possession. But the passenger in the truck heard no verbal communication, only 1 shot. "It's going to be hard, it's been hard, it's been hard since June," he said. 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. While the verdict isn't something they agree with, the Brittain family said they do accept it. I didnt hear it and it happened so fast.. The car, which had transmission issues, began smoking and was pulled over by Davis as it neared the repair shop. 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. 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. 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. Multiple Brittain family members rushed from the room as graphic images of the 17-year-old played out on a screen. Brittains shooting by a Lonoke County sheriffs deputy has drawn the attention of civil rights activists nationally. Moving forward, both Brittain's family and Michael Davis will be involved in separate civil lawsuits against the Lonoke County Sheriff's Office. An ambulance arrives on the scene at 14 minutes after "shots fired" went across the radio. Ex-deputy charged with manslaughter in death of Arkansas teen out on bond. Jordan King, a friend of Brittains in the truck at the time, said he didnt hear any commands to stop. 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. He said each prosecutors office has to make its own determination on how to handle police shootings. What happened to the officer who shot Hunter Brittain? 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. (Arkansas Democrat-Gazette/Thomas Metthe). He remains free on bond pending appeal. Original reporting and incisive analysis, direct from the Guardian every morning, A memorial for Hunter Brittain in Beebe, Arkansas last year. We hope that the jury can see the things that we see," she said. It was emotional for witnesses and Brittain's family, many of them had to step out of the courtroom. Unfortunately no one was ever trained on what the "if possible" meant. 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. In their closing arguments, the defense highlighted Davis' character and how he became a police officer to help people, not hurt people. Copyright 2023 Nexstar Media Inc. All rights reserved. Davis mentioned Brittain's 'loud' and 'smoking' truck, along with their interaction happening 3 a.m. On Rice's footage, crime tape starts to go up as he gets Brittain's name from King. All rights reserved. If convicted, he could face three to 10 years in prison. But King said Davis never gave any commands to Brittain before he shot him. At that point, that was within a couple days of the event.. The maximum jail term faced by Davis, a former sergeant with the Lonoke county sheriffs office, was one year. (AP) The Rev. 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. Hey, ever wounder what happened at the end of that case?? No matter which side you looked at, it was a difficult week for everyone. The biggest thing about his testimony was that he said he never heard Davis give any verbal cues until after Brittain was shot. 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. Davis said he shot Brittain once, after the teen exited his truck and. Brittains family and friends have held protests nightly outside the Lonoke County sheriffs office and have complained about the lack of information released. A former Arkansas deputy was convicted on Friday of negligent homicide and sentenced to a year in jail for shooting an unarmed teenager whose death last year drew the attention of national civil rights leaders. A passenger and another witness testified they never heard Davis tell the teen to show his hands. During the early morning hours of June 23, Davis spotted Brittain driving a vehicle that was smoking heavily and an engine that was knocking, Newcomb said Wednesday. Hunter Brittain (left) and then-Sgt. They didnt say one word that I know of, he told KATV. Davis, Newcomb said. His press conference on Friday was brief and he refused to take questions. 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. 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. While it is difficult to wait for answers, it is important that the investigation that occurs is both fair and complete.. The family of Brittain has hired Devon Jacob and Benjamin Crump to represent them in the case. 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. Brittain's family said he was working on his truck right before he drove it down the road and was pulled over by Davis. The witness said that Davis was in compliance with his training. Got a tip? 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. They argued that the shooting shows how police violence affects all people and called for reform. 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. It's a case that's gained national attention and one that has greatly impacted the community of Lonoke and across Arkansas. 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. 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. He wont be an officer no more and he cant kill no more kids.. who was shot and killed by a white Lonoke County sheriffs deputy. Start your Independent Premium subscription today. 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.. My nephew, Hunter, is laying in a grave or refrigeration and this man is going to get to go home," he said. Now that the trial has begun, Brittain's Aunt Mary Robertson is praying that that accountability happens in the coming days. The document says what it says, Jacob said. Neither Brittains nor Davis attorneys are supportive of Grahams decision to withhold body-camera footage. Rev. The civil-rights attorneys also represented the family of George Floyd, who died in 2020 while in police custody in Minneapolis. (AP) The results of the investigation into a Lonoke County deputy's deadly shooting of 17-year-old Hunter Brittain during a traffic stop have been handed over to prosecutors. Send it to The Daily Beasthere. The Arkansas State Crime Laboratory cant publicly release the autopsy report because of Arkansas Code 1212-312, Director Kermit Channell said. Davis was sentenced to 1-year in jail plus a $1,000 fine. 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 case made national headlines and gained the attention of civil-rights activists, including the Rev. One officer was convicted of murder in Floyds death. Even though it's not the ending he wanted, defense attorney Robert Newcomb said juries often go with the lesser charge. 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 first witness called to the stand by the prosecution team was 16-year-old Jordan King. 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. 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. Davis could be sentenced to up to 10 years in prison if found guilty. 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. The county has not decided whether to grant the hearing, County Attorney Allen Dodson said Wednesday. Al Sharpton, left, and attorney Benjamin Crump, right, escort Rebecca Payne to view her grandson's casket during the funeral service for 17-year-old Hunter Brittain, on Tuesday, July 6, 2021, at the Beebe High Schools Auditorium in Beebe, Ark. The memorial included calls to pass federal legislation in Floyds name to overhaul police practices. Davis said that before he could put his own car in park, Brittain jumped out and moved to the rear of the truck and began reaching into the bed as it slowly rolled backward. 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. On July 1, hours after Graham told the Democrat-Gazette that he planned to recuse himself, someone with the state police texted, Time for a call? Graham responded, Yes sir, anytime. Last week, Graham said it took time to figure out if he was going to recuse from the case. Rice's camera moves at about 19 minutes into his video, and Brittain is no longer on the ground. The Brittain family is being represented by Ben Crump, the same civil rights lawyer who represented George Floyd, a Black man murdered by a former Minneapolis police officer last summer. Davis said he could not see the 17-year-old's hands before shooting. Al Sharpton and attorneys for George Floyds family on Tuesday mourned a white Arkansas teenager fatally shot by a sheriffs deputy, as they urged support across racial lines for efforts to reform police practices. A medical examiner from the Arkansas State Crime lab that confirmed Brittain was shot in the neck, was also called to the stand on Wednesday. He would have faced between three and 10 years in prison for manslaughter, a felony. The Arkansas State Crime Laboratory cant publicly release the autopsy report because of Arkansas Code 1212-312, Director Kermit Channell said. 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. The two government bodies work separately but lean on each other to take criminal cases to fruition. 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. As Brittain did this, Davis shot one round at Brittain in his lower right neck. This is my opinion. Crump said a proposed bill that is being referred to as Hunters Law would include a mandate that body cameras be active during interactions between police and civilians and that those videos be released immediately to the public. King said he never heard any commands from Davis before the gunshot. The jury handed down a one-year jail sentence and a $1,000 fine -- the maximum penalty for the charge -- after finding Davis guilty. 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 case attracted attention from national civil rights leaders better known for their work with Black Lives Matter. 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. 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. The civil rights attorneys, who represented George Floyds family after Minneapolis police killed him in May 2020, said: Hunter deserved better. 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 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. Brittain was transferred to a nearby hospital where he died from the gunshot wound. The two were test-driving the vehicle about 3 a.m when Davis pulled them over. This material may not be published, broadcast, rewritten, or redistributed. Robert Newcomb, Daviss attorney, said he planned to challenge the standard jurors used to determine whether Davis was negligent. "Why'd he hop out of the truck and grab that? After another pre-trial hearing on March 14, the trial will officially begin on March 15. Call if you have any questions. Graham sent a text the next day to an unknown person in the police agency saying, Ive got you in my phone, call me anytime. 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 . During his instruction it states that you must tell the subject you are going to shoot them before "if possible." I dont want to jeopardize this case, its too important, he said. "It was cold-blooded murder by the Lonoke police. 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. There were no indications of drug and alcohol use listed on the coroners report. 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. Chuck. Text messages sent later that day and on June 28 were redacted by the state police agency. I didnt get into this job to kill people, he said. As they were getting pulled over, King said they were laughing and thought it was funny because the truck was smoking. 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. Minutes after the shooting, a third deputy starts to console Davis while still at the scene. More than a month after a Lonoke County deputy shot and killed 17-year-old Hunter Brittain, officials have yet to release body camera footage amid a national conversation about police. He was my grandson. The two conflicting narratives were hampered by the fact that Davis body camera was never turned on during the quick encounter. 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