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 family of Brittain has hired Devon Jacob and Benjamin Crump to represent them in the case. Sharpton eulogized 17-year-old Hunter Brittain, who was shot and killed by a white Lonoke County sheriff's deputy, Sgt. The first witness called to the stand by the prosecution team was 16-year-old Jordan King. Brittains death has received national attention in the wake of other fatal shootings involving police. "Why'd he hop out of the truck and grab that? Bodycam footage of an Arkansas deputy responding to the scene after former Sgt. 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 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. 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. His attorney did not respond to a request for comment. His death sparked nationwide protests over policing and racial inequality. 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. "I didn't say that this defendant was a bad guy. He said each prosecutors office has to make its own determination on how to handle police shootings. 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. Are people going to have to fear for their lives again? she told reporters. The civil-rights attorneys also represented the family of George Floyd, who died in 2020 while in police custody in Minneapolis. 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. 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. 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. 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. CPR is started almost immediately. 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. Ben Crump, who represented Brittains family said: Hunter deserved better.. He remains free on bond pending appeal. The civil-rights attorneys also represented the family of George Floyd, who died in 2020 while in police custody in Minneapolis. The sheriff said he respected the jurys 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.. "It was cold-blooded murder by the Lonoke police. 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. The teen didnt respond to verbal commands given by the deputy, Necomb said. Press J to jump to the feed. (Photo courtesy of Arkansas State Police). What has been the reaction to the shooting? 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. 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. "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. While the verdict isn't something they agree with, the Brittain family said they do accept it. 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. Hunter Brittain (left) and then-Sgt. Davis, Newcomb said. Devon Jacob, Brittains familys attorney, described the report as unclear. His attorney, Newcomb, did not immediately respond to a request for comment. 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. A key piece to the kit involves prosecutors clearly outlining decisions for the public. Well, wonder no more! 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. The next day, the Arkansas State Police passed the investigation file to Grahams office. In Arkansas, law enforcement agencies typically investigate cases while prosecutors make the decision on whether criminal charges will be filed. 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 car, which had transmission issues, began smoking and was pulled over by Davis as it neared the repair shop. 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. King was in the car with Brittain in the early morning hours of June 23, 2021. 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. Michael Davis to spend a year in jail but acquitted of manslaughter over death of Hunter Brittain, 17, during June traffic stop. 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. Family members said Brittain was grabbing a container that held antifreeze to place behind the trucks wheel, to stop it rolling backward. A jury found former Lonoke County Sgt. Ive had him for the last five years of his life, his grandmother Rebecca Payne said after the killing. Who is Hunter Brittain, the 17-year-old killed by Arkansas police? One officer was convicted of murder in Floyds death. 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. "I don't think it's fair. The white teens death prompted protests in a region of the state not known for speaking out against police violence. Brittain had been fatally shot by a Lonoke County sheriff's deputy during a traffic stop early that morning. 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. Newcomb has said Brittain was pulled over by Davis because his vehicle was smoking heavily and an engine was knocking. Arkansas State Police are investigating Brittains death. Even though it's not the ending he wanted, defense attorney Robert Newcomb said juries often go with the lesser charge. 27 June 2021 Protesters gathered outside the Lonoke County Sheriff's Office last Wednesday in Lonoke, Arkansas, consisting of friends and family of 17-year-old Hunter Brittain, who was gunned. Rebecca Payne, Brittains grandmother, said family members wanted the deputy convicted of the felony to ensure he could not serve as an officer again. 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. He was sentenced to one year of probation and 300 hours of community service. 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. Staley said the only footage police have is from the aftermath. At about seven minutes into the video, another deputy arrives and says, "Why don't we just chill and stop talking now?". In their closing arguments, the defense highlighted Davis' character and how he became a police officer to help people, not hurt people. Your life had meaning, youre loved and your family will not stop advocating until we have justice for you, Hunter, he said. Copyright 2023 Nexstar Media Inc. All rights reserved. The Arkansas State Crime Laboratory cant publicly release the autopsy report because of Arkansas Code 1212-312, Director Kermit Channell said. 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. Family members have said Brittain had been working on his trucks transmission and had been test driving it when he was pulled over. 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Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. 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. At that point, that was within a couple days of the event.. They didnt say one word that I know of, he told KATV. The killing in the predominantly white community has drawn the attention of national civil rights activists . The memorial included calls to pass federal legislation in Floyds name to overhaul police practices. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. He has not responded to numerous emails requesting updates on the investigation, including a message sent 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. He also shared what made him fear for his life, which consequently made him fire his gun. The case attracted attention from national civil rights leaders better known for their work with Black Lives Matter. Pierson pled guilty to one count of vehicular manslaughter with gross negligence. People protesting the killing of 17-year-old Hunter Brittain doing burnouts in the parking lot of the Lonoke County sheriff's office. The family is going to continue to trust the process, Jacob said. Brittain was up late working on the vehicles transmission before taking the test drive, family members have said. Davis pulled over Hunter Brittain, 17, on June 23, 2021, outside Cabot, a small town 30 miles north of Little Rock. 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. The biggest thing about his testimony was that he said he never heard Davis give any verbal cues until after Brittain was shot. They added that cops are taught "hands kill" and if you can't see the persons hands, it could be a problem. (Tommy Metthe/The Arkansas Democrat-Gazette via AP), Connect with the definitive source for global and local news. 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. Davis, who was originally charged with felony manslaughter, fatally shot Brittain who was test-driving his truck after working on it all night. His press conference on Friday was brief and he refused to take questions. 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. While investigating the incident, Lonoke County Sheriff's Office discovered that Davis' body camera footage had only been turned on after Brittain had been shot. 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. 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 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. 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. 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 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. That's when the jury was shown what body camera footage there is in this case, which only shows what happened after Brittain was shot. 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.. On Rice's footage, crime tape starts to go up as he gets Brittain's name from King. Minutes after the shooting, a third deputy starts to console Davis while still at the scene. 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. 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.. Five minutes into Rice's video, someone notes that Brittain is still breathing. 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. It wont require a recusal, Abdul-Bey said. Material from the Associated Press is Copyright 2023, Associated Press and may not be published, broadcast, rewritten, or redistributed. Crump and Jacob have been involved in high-profile homicide cases that include those of George Floyd, Breonna Taylor, Trayvon Martin and Ahmaud Arbery. 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. That's all I asked for," Rebecca Payne, Brittain's grandma, said. 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. Print Headline: Lonoke deputy fatally shot teen Hunter Brittain in neck, arm, coroner says. "[It's] going to cost him $15,000 to go home and be with his family, while we're at a loss. "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. 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. 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. Michael Davis, during a traffic stop June 23 near Cabot, about 30 miles (50 kilometers) northeast of Little Rock. But it turned out to just be a jug of antifreeze. 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. Larger agencies might not have the day-to-day contact with individual investigators, which you find in a small prosecutors office, Golden 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. 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. 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. Ultimately the 12 jurors were seated-- made up of nine women, three men, and two alternates. 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.". 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. They always seem to have their body cameras off. 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. 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 . According to family members, Brittain had been working on the vehicles transmission and was taking a test drive when he was stopped by Davis. LITTLE ROCK, Ark. 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. 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. 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. 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. "Now, what's gonna happen? 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. 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. 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. Im his grandmother. 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. Newcomb, a Little Rock attorney who often represents police officers, requested a grievance hearing on behalf of Davis from Lonoke County. Davis, Newcomb said. The only one who has been accurate on that is Sgt. Brittains family has said the teenager was unarmed and was holding a jug of antifreeze when he was shot. 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. Once we have the autopsy report, we will know more.. Former Arkansas deputy Michael Davis was found guilty of negligent homicide in the shooting death of 17-year-old Hunter Brittain. What were the ramification to the LEO that decided to break their oath?? Now that the trial has begun, Brittain's Aunt Mary Robertson is praying that that accountability happens in the coming days. Hopefully, Hunter and his untimely death will finish what Hunters brother George Floyd and his death started, Jacob said. Brittain was fatally shot by a deputy during a traffic stop . Davis said he shot Brittain once, after the teen exited his truck and. Brittain was transferred to a nearby hospital where he died from the gunshot wound. Due to that failure, I have terminated the employment of this deputy, the sheriff said in a video statement on Facebook. 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. He would have faced between three and 10 years in prison for manslaughter, a felony. In an interview with investigators, 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. 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. The document says what it says, Jacob said. Its about right and wrong.. Davis testified that he thought the teen was grabbing for a gun. 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. Davis and King have said that Brittain jumped out of the truck as soon as he stopped for Davis. I respect the decision of the jury. The jury handed down a one-year jail sentence and a $1,000 fine -- the maximum penalty for the charge -- after finding Davis guilty. The family is going to continue to trust the process, Jacob said. Mike Davis plead not guilty to felony manslaughter in the death of Hunter Brittain. 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. King said he never heard any commands from Davis before the gunshot. Davis,. Davis was sentenced to 1-year in jail plus a $1,000 fine. Few details about the shooting have been officially released over the past two months. During a public memorial for Brittain earlier this week, Rev. Both are representing Brittains family. 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. He's still driving on his way to the scene. (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. The vehicle was smoking and making loud noises, Davis and King have said. This is the ideal, Marque Heydari said. 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. 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. When asked what that might include, he said, Not much for the state police. 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. Graham filed the motion for a special prosecutor on July 8, a week after a conversation with the Arkansas Democrat-Gazette. 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. Committee, Families file 100+ complaints against cemetery in, Farmers share their voices at the AR State Capitol, House Education Committee advances Arkansas LEARNS, Embattled UK Prime Minister Boris Johnson resigns, Zelensky: There will be two Victory Days in Ukraine. Create an account to follow your favorite communities and start taking part in conversations. 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