King, 16 at the time, said the teens had previously used a coolant container to stop the truck from rolling back. 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. Brittain's family said he was working on his truck right before he drove it down the road and was pulled over by Davis. As I have said since day one, this was a tragic event and we all need to continue praying for those involved," Staley said. 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. He also shared what made him fear for his life, which consequently made him fire his gun. 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 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. Jordan King, a friend of Brittains in the truck at the time, said he didnt hear any commands to stop. King was in the car with Brittain in the early morning hours of June 23, 2021. As Brittain did this, Davis shot one round at Brittain in his lower right neck. The two government bodies work separately but lean on each other to take criminal cases to fruition. The family is going to continue to trust the process, Jacob said. At that point, that was within a couple days of the event.. Hunter Brittain (left) and then-Sgt. This is the ideal, Marque Heydari said. Some of Brittains family members have said a witness to the shooting claims Davis didnt offer verbal commands before the shooting. Jury deliberations lasted less than three hours. The vehicle was smoking and making loud noises, Davis and King have said. 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. Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in, The case has attracted nationwide calls for police reform, Find your bookmarks in your Independent Premium section, under my profile. 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.. The killing in the predominantly white community has drawn the attention of national civil rights activists . King responds that the truck wouldn't shift into park. 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. 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. 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. Davis and King have said that Brittain jumped out of the truck as soon as he stopped for Davis. Shortly after the shooting, Davis was fired by the Lonoke County Sheriffs Office for breaking their body-camera policy. 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. Authorities have released few details about the shooting. Family members said Brittain was grabbing a container that held antifreeze to place behind the trucks wheel, to stop it rolling backward. 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. This document may not be reprinted without the express written permission of Northwest Arkansas Newspapers LLC. 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. 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 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.". 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. Start your Independent Premium subscription today. BEEBE, Ark. Create an account to follow your favorite communities and start taking part in conversations. Davis, who was originally charged with felony. As they were getting pulled over, King said they were laughing and thought it was funny because the truck was smoking. After a few minutes, he can be heard crying. One officer was convicted of murder in Floyds death. 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. Lonoke County Prosecutor Chuck Graham said he had received the Arkansas State Police case file on the deadly shooting of the teen during a June 23 traffic stop. The car, which had transmission issues, began smoking and was pulled over by Davis as it neared the repair shop. Rev. The sheriff said he respected the jurys decision. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. 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.". His death sparked nationwide protests over policing and racial inequality. On Sept. 20, Davis was released on a $15,000 bond. Prosecuting attorney, Jeff Phillips said the state is fine with the verdict but the sentencing wasn't what they expected. A cop shot and killed Hunter Brittain as the 17-year-old was trying to grab an antifreeze jug from his car. 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. 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. 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. Crump and Jacob have been involved in high-profile homicide cases that include those of George Floyd, Breonna Taylor, Trayvon Martin and Ahmaud Arbery. King said he never heard any commands from Davis before the gunshot. After the verdict was announced, Brittains family and friends chanted Justice for Hunter outside the national guard facility used for the trial. Lonoke County Sheriff John Staley last week fired Davis for not turning on his body camera until after he had shot Brittain. Former Arkansas deputy Michael Davis was found guilty of negligent homicide in the shooting death of 17-year-old Hunter Brittain. His press conference on Friday was brief and he refused to take questions. Your life had meaning, youre loved and your family will not stop advocating until we have justice for you, Hunter, he said. Phillips received the investigative file on July 15, according to an email from the prosecutor coordinating office. There's no way around it and nobody's gonna change my mind about it," he said. Every state, every locality, is different, Marque Heydari said. 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. His attorney, Newcomb, did not immediately respond to a request for comment. Davis was originally charged with manslaughter, in a a case that was difficult for everyone involved. (Tommy Metthe/The Arkansas Democrat-Gazette via AP), Connect with the definitive source for global and local news. Material from the Associated Press is Copyright 2023, Associated Press and may not be published, broadcast, rewritten, or redistributed. Once we have the autopsy report, we will know more.. All rights reserved. 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. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. btw before the traffic stop, the officer turned off his body-cam, then turned it on after the shooting which is against department policy. The document says what it says, Jacob said. Attorneys Ben Crump and Devon Jacob, representing Brittains family, criticized the sheriff for not firing Davis over the shooting itself. 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. If you use a windshield cover, you can at least forget about scrapping the ice off your windshield to save some time and hassle. 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. The investigation of the shooting was quickly turned over to the Arkansas State Police. Michael Davis of the Lonoke County sheriff's office are shown in this undated combination of courtesy photos. "We're glad that we're finally at this point. Davis claimed in that interview that he shouted at Brittain to "show me our hands." "I was not happy. It's been nine months of fighting and trying to make their voices heard by many, according to Hundley. Press J to jump to the feed. The county has not decided whether to grant the hearing, County Attorney Allen Dodson said Wednesday. Graham filed the motion for a special prosecutor on July 8, a week after a conversation with the Arkansas Democrat-Gazette. 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. On June 23, Hunter's life was cut short when a Lonoke County sheriff's deputy fatally shot him during a traffic stop. 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. The teen didnt respond to verbal commands given by the deputy, Necomb said. Michael Davis, during a traffic stop June 23 near Cabot, about 30 miles (50 kilometers) northeast of Little Rock. The civil rights leader and the high-profile attorney, who Sharpton has dubbed "Black America's Attorney general," deemed the police shooting of 17-year-old Hunter Brittain "one of the most. 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. The case made national headlines and gained the attention of civil-rights activists, including the Rev. 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. There were no indications of drug and alcohol use listed on the coroners report. The Arkansas Democrat-Gazette reported that Davis was also given a $1,000 fine. 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. Without all the evidence I cannot make any determination on whether the shooting was proper.. The civil rights attorneys, who represented George Floyds family after Minneapolis police killed him in May 2020, said: Hunter deserved better. (Photo courtesy of Arkansas State Police). "It was cold-blooded murder by the Lonoke police. Newcomb, a Little Rock attorney who often represents police officers, requested a grievance hearing on behalf of Davis from Lonoke County. attracted the attention of Black civil rights leaders. I think its murder, she 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. But King said Davis never gave any commands to Brittain before he shot him. Unfortunately no one was ever trained on what the "if possible" meant. 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. Davis has been with the Sheriff's Office since 2013. During the trial, King told the jury that Brittain had been working on replacing his transmission all night. 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. Want to bookmark your favourite articles and stories to read or reference later? 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. An investigator with the Arkansas State Police was called to the stand after. [DOCUMENT: Coroners report for Noah Hunter Brittain arkansasonline.com/coronerbrittain]. 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 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. 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. 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. Hunter Brittain (left) and then-Sgt. Michael Davis guilty of negligent homicide in the fatal shooting of 17-year-old Hunter Brittain. Were going to take this and see what else [the special prosecutor in the case] has got to say and hopefully this will stick. 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. Arkansas State Police are investigating Brittains death. Attorney Ben Crump and Jacob were retained by Brittains family in the days after the shooting as the case received national attention. During his instruction it states that you must tell the subject you are going to shoot them before "if possible." CPR is started almost immediately. Devon Jacob, Brittains familys attorney, described the report as unclear. 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. "It's going to be hard, it's been hard, it's been hard since June," he said. I'll say I'm not necessarily surprised by that burden," he said. 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. 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. Mike Davis plead not guilty to felony manslaughter in the death of Hunter Brittain. Crump questioned Grahams involvement in the case in response to inquiries Wednesday by the Arkansas Democrat-Gazette. He would have faced between three and 10 years in prison for manslaughter, a felony. 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. 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. Brittains family and friends have held protests nightly outside the Lonoke County sheriffs office and have complained about the lack of information released. 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. 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. It's a case that's gained national attention and one that has greatly impacted the community of Lonoke and across Arkansas. The National Read Across America Day takes place every year on March 2, Geisels birthday. 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 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. Copyright 2023, Arkansas Democrat-Gazette, Inc. 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. Rice's video also starts right before "shots fired" transmits across his radio. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. Brittains family has said the teenager was unarmed and was holding a jug of antifreeze when he was shot. 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. Davis told authorities he gave "several commands" to Brittain to get back in his car and to show his hands as Brittain reached with both hands into the bed of the truck when he fired his weapon. 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. What has been the reaction to the shooting? That's what this jury says, that's a strong finding," he said. Staley noted this was a department policy violation and used that as justification for Davis being fired. The defense also added and went through every reason why Davis feared for his life and fired the gun. It wont require a recusal, Abdul-Bey said. Some of Brittains family members have said a witness to the shooting claims Davis didnt offer verbal commands before the shooting. He said Davis gave verbal commands directing Brittain stay in the vehicle. While it is difficult to wait for answers, it is important that the investigation that occurs is both fair and complete.. Crump and Jacob invoked other people killed by police, including Breonna Taylor, a Kentucky woman who was fatally shot during a botched police raid. Heres what you need to know. Davis turned himself inon Friday, Sept. 17, after the special prosecuting attorney issued an arrest warrant for manslaughter. All rights reserved. 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 . Michael Davis, during a traffic stop June 23 near Cabot, about 30 miles (50 kilometers) northeast of Little Rock. Davis said he gave commands to Brittain to show his hands that were ignored. 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. Michael Davis shot and killed 17-year-old Hunter Brittain has been released. 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. Al Sharpton, who spoke at Brittain's funeral July 6 at Beebe High School, where the teen attended school. You could always say Mr. Graham should have stepped away immediately but that is hindsight, Newcomb said. He told the state police when he was interviewed by them that he shot one time and why. Both are representing Brittains family. Didn't put the truck in park, nothing," Davis says. 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. LITTLE ROCK, Ark. During a public memorial for Brittain earlier this week, Rev. Few details about the shooting have been officially released over the past two months. 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. 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. Michael Davis guilty of negligent homicide in the fatal shooting of 17-year-old Hunter Brittain. He's still driving on his way to the scene. We hope that the jury can see the things that we see," she said. They argued that the shooting shows how police violence affects all people and called for reform. 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 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. Original reporting and incisive analysis, direct from the Guardian every morning, A memorial for Hunter Brittain in Beebe, Arkansas last year. 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. His attorney did not respond to a request for comment. Phillips was passed the investigative file by the coordinating office July 15, according to an email from McMahan. This is something, Jesse Brittain, the boys uncle, told CBS News. Post your articles here so that everyone will have a chance to see our government at work (or showing their lack thereof) taking their own to task! Hunter did nothing wrong, just like we felt George Floyd did nothing wrong, Sharpton told reporters before the memorial. And also justice for all of our other brothers and sisters dying at the hands of law enforcement hired to protect and serve us around this country.. The passenger in Brittains truck said he and the teen had been working on the pickups transmission. There is no body camera footage of the incident, though the officer had a camera in his possession. They have also pushed for state laws that would require officers to have their body cameras on their entire shift. 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. Brittain had been fatally shot by a Lonoke County sheriff's deputy during a traffic stop early that morning. Moving forward, both Brittain's family and Michael Davis will be involved in separate civil lawsuits against the Lonoke County Sheriff's Office. He later died at North Little Rock Hospital. 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. According to family members, Brittain had been working on the vehicles transmission and was taking a test drive when he was stopped by Davis. Scott Hundley said this is the beginning of what's going to be a long week for those close to Brittain. He took a life.. 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. There were no indications of drug and alcohol use listed on the coroners report. Now that the trial has begun, Brittain's Aunt Mary Robertson is praying that that accountability happens in the coming days. Hunters family is already distrustful because they havent gotten any answers whatsoever, Crump said. 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 next day, the Arkansas State Police passed the investigation file to Grahams office. 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. This material may not be published, broadcast, rewritten, or redistributed. 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. 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 dont think he did anything that clearly prejudiced Davis rights in the case.. Both were lawyers in George Floyd's murder case. 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. It was emotional for witnesses and Brittain's family, many of them had to step out of the courtroom. He said each prosecutors office has to make its own determination on how to handle police shootings. The case attracted attention from national civil rights leaders better known for their work with Black Lives Matter. 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. 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 misdemeanor charge enables Davis to still be eligible to serve as a law enforcement officer. 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