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. It wont require a recusal, Abdul-Bey said. 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. 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. 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 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 . Davis, who was originally charged with felony manslaughter, fatally shot Brittain who was test-driving his truck after working on it all night. His death sparked nationwide protests over policing and racial inequality. Brittain was shot by a Lonoke County Sheriff's Deputy during a traffic stop on June 23. This material may not be published, broadcast, rewritten, or redistributed. Hopefully, Hunter and his untimely death will finish what Hunters brother George Floyd and his death started, Jacob said. If there is a conflict of interest that exists and you are aware of that conflict of interest and you participate then it certainly would appear to the public that there is a hint of impropriety, Crump said. Its about right and wrong.. 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. Crump and Jacob have been involved in high-profile homicide cases that include those of George Floyd, Breonna Taylor, Trayvon Martin and Ahmaud Arbery. Chuck. Text messages sent later that day and on June 28 were redacted by the state police agency. Due to that failure, I have terminated the employment of this deputy, the sheriff said in a video statement on Facebook. 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 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. Hunters family is already distrustful because they havent gotten any answers whatsoever, Crump said. Its time they start letting us know something., Community members also rallied behind the Brittain family, demanding Justice for Hunter.. 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. Were ready to find out something. Notifications can be turned off anytime in the browser settings. It has been called Dr. Seuss Day because of this. 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. CPR is started almost immediately. [DOCUMENT: Coroners report for Noah Hunter Brittain arkansasonline.com/coronerbrittain]. Sadly there is not really anyone who we can point to here in Arkansas who is a quote and quote expert who can talk on this because it is untreaded territory right now. "Now, what's gonna happen? Davis,. The police officer has a lot more situational awareness of a danger than maybe you or I would be aware of, Newcomb said. About 9:45 into the video, another officer comes up to Davis and says, "Buddy, I'm going to put my gun in your holster.". Brittain had been fatally shot by a Lonoke County sheriff's deputy during a traffic stop early that morning. Authorities have released few details about the shooting. King, 16 at the time, said the teens had previously used a coolant container to stop the truck from rolling back. It also attracted the attention of Black civil rights leaders like attorney Benjamin Crump, who is representing Brittains family, and has stood alongside them as theyve called for justice. The 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. 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. 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. "[It's] going to cost him $15,000 to go home and be with his family, while we're at a loss. The passenger in Brittains truck said he and the teen had been working on the pickups transmission. No matter which side you looked at, it was a difficult week for everyone. 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. 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. Family members said Brittain was grabbing a container that held antifreeze to place behind the trucks wheel, to stop it rolling backward. 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. 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. All rights reserved. Start your Independent Premium subscription today. Material from the Associated Press is Copyright 2023, Associated Press and 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. Once we have the autopsy report, we will know more.. The Arkansas Democrat-Gazette and other media outlets have requested footage of the shooting for the past nine months, since the incident happened. 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. Every state, every locality, is different, Marque Heydari said. Jordan King told police that the two had been working on the truck's transmission all night and were test driving it. Devon Jacob, Brittains familys attorney, described the report as unclear. 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. Newcomb has said Brittain was pulled over by Davis because his vehicle was smoking heavily and an engine was knocking. Im his grandmother. He told the state police when he was interviewed by them that he shot one time and why. Prosecuting attorney, Jeff Phillips said the state is fine with the verdict but the sentencing wasn't what they expected. [2] Killing [ edit] He told the state police when he was interviewed by them that he shot one time and why. 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. Ultimately the 12 jurors were seated-- made up of nine women, three men, and two alternates. 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. When Brittain was shot, Davis said that's when he saw a container in Brittain's hands that fell to the ground. He also got emotional multiple times during his testimony. As Brittain did this, Davis shot one round at Brittain in his lower right neck. He said Davis gave verbal commands directing Brittain stay in the vehicle. "It was cold-blooded murder by the Lonoke police. Davis said he shot Brittain once, after the teen exited his truck and. According to family members, Brittain had been working on the vehicles transmission and was taking a test drive when he was stopped by Davis. Davis was originally charged with manslaughter, in a a case that was difficult for everyone involved. Example video title will go here for this video. He has not responded to numerous emails requesting updates on the investigation, including a message sent Wednesday. All rights reserved. When asked what that might include, he said, Not much for the state police. Lonoke County Sheriff John Staley last week fired Davis for not turning on his body camera until after he had shot Brittain. 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. who was shot and killed by a white Lonoke County sheriffs deputy. But if we segregate how we react, then were wrong.. 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. 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. Create an account to follow your favorite communities and start taking part in conversations. Even though it's not the ending he wanted, defense attorney Robert Newcomb said juries often go with the lesser charge. Crump previously released a statement that Brittain was shot three times by Lonoke County sheriffs Sgt. After a short break, open arguments started around 2:30 p.m. The civil rights attorneys, who represented George Floyds family after Minneapolis police killed him in May 2020, said: Hunter deserved better. Sharpton eulogized 17-year-old Hunter Brittain, who was shot and killed by a white Lonoke County sheriff's deputy, Sgt. Davis said all of these things were the reason he felt afraid for his life and thought Brittain "was going to kill him.". Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. He would have faced between three and 10 years in prison for manslaughter, a felony. There were no indications of drug and alcohol use listed on the coroners report. This is something, Jesse Brittain, the boys uncle, told CBS News. His attorney, Newcomb, did not immediately respond to a request for comment. I respect the decision of the jury. Attorney Ben Crump and Jacob were retained by Brittains family in the days after the shooting as the case received national attention. Multiple Brittain family members rushed from the room as graphic images of the 17-year-old played out on a screen. Michael Davis of the Lonoke County sheriff's office are shown in this undated combination of courtesy photos. A passenger and another witness testified they never heard Davis tell the teen to show his hands. Davis, Newcomb said. "Why'd he hop out of the truck and grab that? The teen didnt respond to verbal commands given by the deputy, Necomb said. Graham said hes sent the file to the state prosecutor coordinator since hes requested a special prosecutor to handle the case. Rev. But even after the verdict, the Brittain family said this isn't the end of them telling Hunter's story. If convicted, he could face three to 10 years in prison. 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. Neither Brittains nor Davis attorneys are supportive of Grahams decision to withhold body-camera footage. You could always say Mr. Graham should have stepped away immediately but that is hindsight, Newcomb said. 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. Newcomb, a Little Rock attorney who often represents police officers, requested a grievance hearing on behalf of Davis from Lonoke County. The report was first requested by the Arkansas Democrat-Gazette on July 8. Brittain was transferred to a nearby hospital where he died from the gunshot wound. He said each prosecutors office has to make its own determination on how to handle police shootings. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. 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. 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. 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. 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. 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. He later died at North Little Rock Hospital. I dont think he did anything that clearly prejudiced Davis rights in the case.. Heres what you need to know. 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. In Arkansas, law enforcement agencies typically investigate cases while prosecutors make the decision on whether criminal charges will be filed. 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. If they make the wrong determination, there is a good chance they will not be reelected, he said. The car, which had transmission issues, began smoking and was pulled over by Davis as it neared the repair shop. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. Send it to The Daily Beasthere. TIL Sam Kinison was killed by a drunk driving 17 year old, Troy Pierson. Video at arkansasonline.com/mdavis/. At that point, that was within a couple days of the event.. 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. Crump led the crowd in chanting, Hunter Brittains life matters.. He also shared what made him fear for his life, which consequently made him fire his gun. Some of Brittains family members have said a witness to the shooting claims Davis didnt offer verbal commands before the shooting. Few details about the shooting have been officially released over the past two months. Attorneys Ben Crump and Devon Jacob, representing Brittains family, criticized the sheriff for not firing Davis over the shooting itself. Were going to take this and see what else [the special prosecutor in the case] has got to say and hopefully this will stick. Once we have the autopsy report, we will know more.. Melissia McMahan, who is the Brittain familys mail carrier and knew the teen since he was a toddler, said she had thought about the need for police reform before Brittains death but hadnt thought it was something her own community would face. Davis was originally charged with felony manslaughter Sept. 17. 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. 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. 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. On Nov. 15, former Lonoke County Sgt. 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. Print Headline: Lonoke deputy fatally shot teen Hunter Brittain in neck, arm, coroner says, Copyright 2023, Northwest Arkansas Newspapers LLC. 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. On 1 July, the the sheriffs office announced it had fired sergeant Davis for failing to comply with the agencys body camera policy. King said he never heard any commands from Davis before the gunshot. I do all the on-call stuff, Graham said in a phone conversation last week. 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.. LITTLE ROCK, Ark. Highway Patrol trooper on leave after fatal Morton County shooting. Are people going to have to fear for their lives again? she told reporters. An investigator with the Arkansas State Police was called to the stand after. Scott Hundley said this is the beginning of what's going to be a long week for those close to Brittain. Former Arkansas deputy Michael Davis was found guilty of negligent homicide in the shooting death of 17-year-old Hunter Brittain. After another pre-trial hearing on March 14, the trial will officially begin on March 15. 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 has garnered national attention, as calls for police reform continue around the country in the wake of last summers widespread Black Lives Matter protests. 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. 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. The last witness called in by prosecution was Davis' former boss, Sheriff John Staley, who told the jury that Davis had issues with turning on his body camera in the past. The National Read Across America Day takes place every year on March 2, Geisels birthday. 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 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. Michael Davis guilty of negligent homicide in the fatal shooting of 17-year-old Hunter Brittain. The only ones are at the very top and that's so the jury will not be able to hear anything going on outside. 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. The jury was asked a series of questions related to law enforcement and their opinions. Arkansas State Police are investigating Brittains death. Didn't put the truck in park, nothing," Davis says. The killing in the predominantly white community has drawn the attention of national civil rights activists . 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. State Police say Hunter Britain, 17 was shot and killed by Sergeant Michael Davis. The maximum jail term faced by Davis, a former sergeant with the Lonoke county sheriffs office, was one year. Press J to jump to the feed. 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. That's all I asked for," Rebecca Payne, Brittain's grandma, said. I'll say I'm not necessarily surprised by that burden," he said. Davis mentioned Brittain's 'loud' and 'smoking' truck, along with their interaction happening 3 a.m. But King said Davis never gave any commands to Brittain before he shot him. 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. ", Davis then starts yelling at a passenger, Jordan King, "What are y'all driving the vehicle like that?". 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. Family members have said Brittain had been working on his trucks transmission and had been test driving it when he was pulled over. 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. 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. Davis was sentenced to 1-year in jail plus a $1,000 fine. The teen didnt respond to verbal commands given by the deputy, Necomb said. He remains free on bond pending appeal. Michael Davis took the stand as the defense's last witness. According to the Lonoke County Sheriffs Office, Sergeant Michael Davis initiated the traffic stop at 3 a.m. on June 23. Copyright 2023, Arkansas Democrat-Gazette, Inc. 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. The civil-rights attorneys also represented the family of George Floyd, who died in 2020 while in police custody in Minneapolis. The vehicle was smoking and making loud noises, Davis and King have said. 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. 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. Rice's camera moves at about 19 minutes into his video, and Brittain is no longer on the ground. 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. The defense also added and went through every reason why Davis feared for his life and fired the gun. "Although Mr. Davis no longer works for my office, Ive been following this case closely. (Arkansas Democrat-Gazette/Thomas Metthe). 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 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. The prosecution team explaining that Davis "recklessly" shot Brittain who was unarmed and not dangerous, whereas the defense team, emphasized on the fact that in that moment Davis felt like his life was threatened. 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. 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. During his instruction it states that you must tell the subject you are going to shoot them before "if possible." It's been nine months of fighting and trying to make their voices heard by many, according to Hundley. Notifications can be turning on his trucks transmission and had been test driving it on whether criminal charges be. Was knocking police officer has a lot more situational awareness of a than. Traffic stop at 3 a.m. on June 28 were redacted by the deputy, said! 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