Copyright 2023, Arkansas Democrat-Gazette, Inc. 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. 1, we dont have situations like this very often, he said. I didnt get into this job to kill people, 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. 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. Michael Davis guilty of negligent homicide in the fatal shooting of 17-year-old Hunter Brittain. 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. Michael Davis to spend a year in jail but acquitted of manslaughter over death of Hunter Brittain, 17, during June traffic stop. who was shot and killed by a white Lonoke County sheriffs deputy. 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. BEEBE, Ark. 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. Who is Hunter Brittain, the 17-year-old killed by Arkansas police? King was in the car with Brittain in the early morning hours of June 23, 2021. (AP) The results of the investigation into a Lonoke County deputys deadly shooting of 17-year-old Hunter Brittain during a traffic stop have been handed over to prosecutors. Ex-deputy charged with manslaughter in death of Arkansas teen out on bond. Hes currently being held in an undisclosed jail, after being booked in Lonoke County. Davis has been with the Sheriff's Office since 2013. The people of this county are good, decent people and they, like me, want to see accountability and transparency in this situation, Staley wrote on the offices Facebook page. The 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. He was sentenced to one year of probation and 300 hours of community service. Jordan King, a friend of Brittains in the truck at the time, said he didnt hear any commands to stop. Both were lawyers in George Floyd's murder case. I respect the decision of the jury. 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. We hope that the jury can see the things that we see," she said. According to the affidavit, when Brittain pulled over and got out of the car, he started moving to the truck bed as the truck was rolling backward toward Davis' patrol car. Crump led the crowd in chanting, Hunter Brittains life matters.. They should have no interaction with police officers because that can create a sense of bias, Marque Heydari 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. 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. But it turned out to just be a jug of antifreeze. 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.. When asked what that might include, he said, Not much for the state police. 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. The passenger in Brittains truck said he and the teen had been working on the pickups transmission. 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. "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. That's all I asked for," Rebecca Payne, Brittain's grandma, said. Robert Newcomb, Davis' defense attorney, has said Davis believed that he had turned the camera on and didn't realize it wasn't working until after firing the shot that killed Brittain. The killing in the predominantly white community has drawn the attention of national civil rights activists such as Sharpton, who said concerns about police tactics arent just limited to the Black community. Get the Android Weather app from Google Play, Rison hit by Wednesday night storm damage, Arkansas state legislators hit the court in Hoops, Growing old and hungry: Shelbys Pantry in Carlisle, Arkansas LEARNS Act passes through House Education, Windshield covers and other handy gear you need for, 18 trendy cowboy boots to wear this winter, 18 books youll want to read on Dr. Seuss Day, AR legislators play in charity basketball game, AR pantry helps to end hunger in elderly community, LEARNS Act passes through House Ed. Few details about the shooting have been officially released over the past two months. "We're glad that we're finally at this point. Extra 20% off selected fashion and sportswear at Very, Up to 20% off and extra perks with Booking.com Genius membership, $6 off a $50+ order with this AliExpress discount code, 15% off orders over 15 with this eBay discount code, Compare broadband packages side by side to find the best deal for you, Compare cheap broadband deals from providers with fastest speed in your area, All you need to know about fibre broadband, Best Apple iPhone Deals in the UK February 2023, Compare iPhone contract deals and get the best offer this February, Compare the best mobile phone deals from the top networks and brands. Authorities have released few details about the shooting. 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. 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. On June 24, Graham sent an email to state police special agent Robert Middleton saying, Per our phone conversation, we will not be releasing the body camera video of the recent Officer Involved Shooting in Lonoke County at this time. The Lonoke County sheriff's deputy opened fire on Hunter Britain, 17, after he. The only thing that bothered me is that they checked with Graham and they wouldnt let us look at the video, Newcomb said. Davis testified that he thought the teen was grabbing for a gun. The car, which had transmission issues, began smoking and was pulled over by Davis as it neared the repair shop. 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. Due to that failure, I have terminated the employment of this deputy, the sheriff said in a video statement on Facebook. 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. Brittains shooting by a Lonoke County sheriffs deputy has drawn the attention of civil rights activists nationally. The only one who has been accurate on that is Sgt. Family members said Brittain was grabbing a container that held antifreeze to place behind the trucks wheel, to stop it rolling backward. 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. 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. 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. I think its murder, she said. 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 Sheriff's Office. The police officer has a lot more situational awareness of a danger than maybe you or I would be aware of, Newcomb said. What has been the reaction to the shooting? Al Sharpton, who spoke at Brittain's funeral July 6 at Beebe High School, where the teen attended school. 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. 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. The misdemeanor charge enables Davis to still be eligible to serve as a law enforcement officer. Scott Hundley said this is the beginning of what's going to be a long week for those close to Brittain. Michael Davis shot and killed 17-year-old Hunter Brittain has been released. In an interview with Davis, he said he initiated the traffic stop of Brittain's white GMC truck and heard "the truck's engine rev up and then began to travel southbound in the northbound lane." 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. Unfortunately no one was ever trained on what the "if possible" meant. 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. Print Headline: Lonoke deputy fatally shot teen Hunter Brittain in neck, arm, coroner says. btw before the traffic stop, the officer turned off his body-cam, then turned it on after the shooting which is against department policy. Davis, Newcomb said. No matter which side you looked at, it was a difficult week for everyone. Print Headline: Lonoke deputy fatally shot teen Hunter Brittain in neck, arm, coroner says, Copyright 2023, Northwest Arkansas Newspapers LLC. Once we have the autopsy report, we will know more.. Davis could be sentenced to up to 10 years in prison if found guilty. The family is going to continue to trust the process, Jacob said. If you use a windshield cover, you can at least forget about scrapping the ice off your windshield to save some time and hassle. Few details about the shooting have been officially released over the past two months. Michael Davis near Cabot, Arkansas, United States. No. Bodycam footage of an Arkansas deputy responding to the scene after former Sgt. (AP) The Rev. 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 Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. Every state, every locality, is different, Marque Heydari said. Davis,. The only ones are at the very top and that's so the jury will not be able to hear anything going on outside. Phillips received the investigative file on July 15, according to an email from the prosecutor coordinating office. 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. 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. 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. When buying cowboy boots, there are a few aspects to consider, such as how far up they go on your legs and their design. Davis, an eight-year veteran with the Lonoke County Sheriffs office, gave the boy commands to stop and shot him before he could see what he was retrieving, which turned out to be a jug of antifreeze. Staley also said the Lonoke County Sheriff's Office does not have dash cameras on its police vehicles. Im his grandmother. Attorney Ben Crump and Jacob were retained by Brittains family in the days after the shooting as the case received national attention. 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. 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. Davis was sentenced to 1-year in jail plus a $1,000 fine. Its about right and wrong.. Sharpton eulogized 17-year-old Hunter Brittain, who was shot and killed by a white Lonoke County sheriffs deputy, Sgt. 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. Heres what you need to know. At about seven minutes into the video, another deputy arrives and says, "Why don't we just chill and stop talking now?". Brittains family retained Ben Crump and Devin Jacob just days after the shooting. Ive had him for the last five years of his life, his grandmother Rebecca Payne said after the killing. TIL Sam Kinison was killed by a drunk driving 17 year old, Troy Pierson. I do all the on-call stuff, Graham said in a phone conversation last week. Crump questioned Grahams involvement in the case in response to inquiries Wednesday by the Arkansas Democrat-Gazette. Sharpton eulogized 17-year-old Hunter Brittain, who was shot and killed by a white Lonoke County sheriff's deputy, Sgt. He also got emotional multiple times during his testimony. Copyright 2023, Arkansas Democrat-Gazette, Inc. Newcomb has said Brittain was pulled over by Davis because his vehicle was smoking heavily and an engine was knocking. Hunter Brittain (left) and then-Sgt. While it is difficult to wait for answers, it is important that the investigation that occurs is both fair and complete.. If convicted of manslaughter, Davis could be sentenced to a maximum of 10 years in prison. Robert Newcomb, Daviss attorney, said he planned to challenge the standard jurors used to determine whether Davis was negligent. He said Davis gave verbal commands directing Brittain stay in the vehicle. The former deputy said Brittain wasn't listening and his hands were in the back of the truck and that's when Davis fired at Brittain. Staley noted this was a department policy violation and used that as justification for Davis being fired. 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. Well, wonder no more! 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. 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. 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. 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. During a public memorial for Brittain earlier this week, Rev. Rice's video also starts right before "shots fired" transmits across his radio. The maximum jail term faced by Davis, a former sergeant with the Lonoke county sheriffs office, was one year. Davis then moves to sit in another vehicle by himself. 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. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. 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. 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. A video from Rice, who arrived within minutes of the shooting, shows King on the ground in cuffs as Davis yells. The jurys decision is a declaration that an Arkansas law enforcement officer, in full uniform, unlawfully killed Hunter Brittain, the attorneys said. 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. 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. When Brittain was shot, Davis said that's when he saw a container in Brittain's hands that fell to the ground. The charge was brought by special prosecutor Jeff Phillips of the 5th Judicial District after Lonoke County prosecutor Chuck Graham recused himself from the case. They added that cops are taught "hands kill" and if you can't see the persons hands, it could be a problem. Devon Jacob, Brittains familys attorney, described the report as unclear. Were going to take this and see what else [the special prosecutor in the case] has got to say and hopefully this will stick. Copyright 2023 Nexstar Media Inc. All rights reserved. The white teens death prompted protests in a region of the state not known for speaking out against police violence. Davis, Newcomb said. The county has not decided whether to grant the hearing, County Attorney Allen Dodson said Wednesday. 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 . It's not that this isn't a shocking and tragic. Hopefully, Hunter and his untimely death will finish what Hunters brother George Floyd and his death started, Jacob said. We'll never have Hunter standing with us again.". An Arkansas sheriff's deputy shot and killed a teenager after a traffic stop early Wednesday, officials said. Pierson pled guilty to one count of vehicular manslaughter with gross negligence. 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. 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. Many attending the memorial wore jeans and shirts that read Justice for Hunter, in a ceremony that included Floyd family attorneys Ben Crump and Devon Jacob. 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. Taped interviews with Staley and Davis were still being redacted by the state police as of Friday and will be released at a later date. But the passenger in the truck heard no verbal communication, only 1 shot. 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. In July, Phillips, a prosecutor from a district on the other side of the state, was assigned to handle the case. Relatives say former US Marine killed fighting in, What about Paul Whelan and Brittney Griner left in, Russia frees US Marine vet as part of prisoner exchange, Strike kills 50 at crowded Ukraine rail station, Pink Floyd members reunite and record song for Ukraine, US to send $100M more in military aid to Ukraine, Ukrainian poisonings kill 2 Russian soldiers: officials, NLR Baptist Health opens new critical care unit, Mayflower police make arrest in deadly I-40 shooting, Arkansas State Parks kicks off centennial celebration, Every Child Arkansas bringing change to foster care, AST Blog: Remembering March 1997 tornado outbreak, Do Not Sell or Share My Personal Information. 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 report was first requested by the Arkansas Democrat-Gazette on July 8. The family's attorney, Devon Jacob said they aren't going to focus on the charges, but rather look at the meaning behind the jury's decision. Shortly after the shooting, Davis was fired by the Lonoke County Sheriffs Office for breaking their body-camera policy. 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. The biggest thing about his testimony was that he said he never heard Davis give any verbal cues until after Brittain was shot. "Now, what's gonna happen? Staley said the only footage police have is from the aftermath. 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. You know, he'll go back to force," she said. 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. 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. The next day, the Arkansas State Police passed the investigation file to Grahams office. Hey, ever wounder what happened at the end of that case?? "I didn't say that this defendant was a bad guy. Brttain went to the bed to get something(transmission fluid / anti-freeze) for the truck. the officer fired 1 shot killing the teen. Multiple Brittain family members rushed from the room as graphic images of the 17-year-old played out on a screen. All rights reserved. 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. This material may not be published, broadcast, rewritten, or redistributed. [2] Killing [ edit] They have also pushed for state laws that would require officers to have their body cameras on their entire shift. On June 23, Hunter's life was cut short when a Lonoke County sheriff's deputy fatally shot him during a traffic stop. There were no indications of drug and alcohol use listed on the coroners report. 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. 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. Rice's camera moves at about 19 minutes into his video, and Brittain is no longer on the ground. Michael Davis guilty of negligent homicide in the fatal shooting of 17-year-old Hunter Brittain. They argued that the shooting shows how police violence affects all people and called for reform. "I was not happy. Brittain was fatally shot by a deputy during a traffic stop . 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. 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. 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