"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. Its time they start letting us know something., Community members also rallied behind the Brittain family, demanding Justice for Hunter.. Its about right and wrong.. Crump led the crowd in chanting, Hunter Brittains life matters.. 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. 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of Arkansas Democrat-Gazette, Inc. Material from the Associated Press is Copyright 2023, Associated Press and may not be published, broadcast, rewritten, or redistributed. If you use a windshield cover, you can at least forget about scrapping the ice off your windshield to save some time and hassle. Brittains family retained Ben Crump and Devin Jacob just days after the shooting. 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. CPR is started almost immediately. The civil rights attorneys, who represented George Floyds family after Minneapolis police killed him in May 2020, said: Hunter deserved better. Davis, Newcomb said. If convicted of manslaughter, Davis could be sentenced to a maximum of 10 years in prison. The issue of policing is not about Black and white, Reverend Al Sharpton said at a eulogy for Mr Brittain. But King said Davis never gave any commands to Brittain before he shot him. That's what this jury says, that's a strong finding," he said. Michael Davis, during a traffic stop June 23 near Cabot, about 30 miles (50 kilometers) northeast of Little Rock. 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. After closing arguments, one juror had to leave for a medical emergency and they had to bring in an alternate juror, with deliberation beginning around 5 p.m. on Thursday, March 17. People protesting the killing of 17-year-old Hunter Brittain doing burnouts in the parking lot of the Lonoke County sheriff's office. As Brittain did this, Davis shot one round at Brittain in his lower right neck. They have also pushed for state laws that would require officers to have their body cameras on their entire shift. A passenger and another witness testified they never heard Davis tell the teen to show his hands. His death sparked nationwide protests over policing and racial inequality. Graham filed the motion for a special prosecutor on July 8, a week after a conversation with the Arkansas Democrat-Gazette. (NWA Media). Rice's video also starts right before "shots fired" transmits across his radio. 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. 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. 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. Michael Davis near Cabot, Arkansas, United States. Hes currently being held in an undisclosed jail, after being booked in Lonoke County. King, 16 at the time, said the teens had previously used a coolant container to stop the truck from rolling back. Davis was sentenced to 1-year in jail plus a $1,000 fine. A cop shot and killed Hunter Brittain as the 17-year-old was trying to grab an antifreeze jug from his car. Rebecca Payne, Brittains grandmother, said family members wanted the deputy convicted of the felony to ensure he could not serve as an officer again. Copyright 2023, Arkansas Democrat-Gazette, Inc. The defense also added and went through every reason why Davis feared for his life and fired the gun. Hey, ever wounder what happened at the end of that case?? Michael Davis guilty of negligent homicide in the fatal shooting of 17-year-old Hunter Brittain. They always seem to have their body cameras off. 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. There were no indications of drug and alcohol use listed on the coroners report. When asked what that might include, he said, Not much for the state police. 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. Former Arkansas deputy Michael Davis was found guilty of negligent homicide in the shooting death of 17-year-old Hunter Brittain. Press question mark to learn the rest of the keyboard shortcuts. Davis could be sentenced to up to 10 years in prison if found guilty. Closing arguments lasted a little over an hour. "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. We acknowledge that is going to be much harder in a smaller office. The institute released a tool kit in 2019 to help prosecutors when addressing officer-involved fatalities. The witness said that Davis was in compliance with his training. who was shot and killed by a white Lonoke County sheriffs deputy. 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. Notifications can be turned off anytime in the browser settings. The state police were delayed in releasing the footage immediately after the trial as they waited on formal paperwork from the Lonoke County Circuit Court. Davis and King have said that Brittain jumped out of the truck as soon as he stopped for Davis. Hunter's Uncle, Jesse Brittain, said all they wanted was acknowledgment and an apology. Attorney Ben Crump and Jacob were retained by Brittains family in the days after the shooting as the case received national attention. The first witness called to the stand by the prosecution team was 16-year-old Jordan King. The report was first requested by the Arkansas Democrat-Gazette on July 8. The teen didnt respond to verbal commands given by the deputy, Necomb said. 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. I respect the decision of the jury. When Brittain was shot, Davis said that's when he saw a container in Brittain's hands that fell to the ground. His attorney, Newcomb, did not immediately respond to a request for comment. 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. An Arkansas sheriff's deputy shot and killed a teenager after a traffic stop early Wednesday, officials said. When buying cowboy boots, there are a few aspects to consider, such as how far up they go on your legs and their design. 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. But the passenger in the truck heard no verbal communication, only 1 shot. Your life had meaning, youre loved and your family will not stop advocating until we have justice for you, Hunter, he said. Sharpton eulogized 17-year-old Hunter Brittain, who was shot and killed by a white Lonoke County sheriffs deputy, Sgt. Michael Davis, during a traffic stop June 23 near Cabot, about 30 miles (50 kilometers) northeast of Little Rock. A jury found former Lonoke County Sgt. Minutes after the shooting, a third deputy starts to console Davis while still at the scene. The killing in the predominantly white community has drawn the attention of national civil rights activists . Hunter Brittain (left) and then-Sgt. 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 jury finding Davis guilty of negligent homicide instead of manslaughter, is something that worried Payne, as it means Davis could go back to wearing a badge in the future. 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.". The jury learned the character of Davis about how he is a volunteer firefighter, a father, and has a child on the way. Davis, Newcomb said. "Now, what's gonna happen? Hunters family is already distrustful because they havent gotten any answers whatsoever, Crump 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. I dont want to jeopardize this case, its too important, he said. 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. He was sentenced to one year of probation and 300 hours of community service. They should have no interaction with police officers because that can create a sense of bias, Marque Heydari said. During his instruction it states that you must tell the subject you are going to shoot them before "if possible." 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. He has not responded to numerous emails requesting updates on the investigation, including a message sent Wednesday. There were no indications of drug and alcohol use listed on the coroners report. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. 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. 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. Newcomb has said Brittain was pulled over by Davis because his vehicle was smoking heavily and an engine was knocking. Robert Newcomb, Daviss attorney, said he planned to challenge the standard jurors used to determine whether Davis was negligent. The sheriff said he respected the jurys decision. (Photo courtesy of Arkansas State Police). 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. 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. This document may not be reprinted without the express written permission of Northwest Arkansas Newspapers LLC. According to the Lonoke County Sheriffs Office, Sergeant Michael Davis initiated the traffic stop at 3 a.m. on June 23. The family is going to continue to trust the process, Jacob said. 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. Some of Brittains family members have said a witness to the shooting claims Davis didnt offer verbal commands before the shooting. The county has not decided whether to grant the hearing, County Attorney Allen Dodson said Wednesday. The two government bodies work separately but lean on each other to take criminal cases to fruition. Both were lawyers in George Floyd's murder case. BEEBE, Ark. "Because the deputy failed to activate his bodycam, he has been terminated," Staley said in his statement. After Phillips announcement that a warrant would be issued for Davis arrest on Friday, the courtroom burst into cheers. 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. 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. A key piece to the kit involves prosecutors clearly outlining decisions for the public. Print Headline: Lonoke deputy fatally shot teen Hunter Brittain in neck, arm, coroner says. 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. Investigators found no firearms in or near the truck. Im his grandmother. Example video title will go here for this video. Who is Hunter Brittain, the 17-year-old killed by Arkansas police? Five minutes into Rice's video, someone notes that Brittain is still breathing. During a public memorial for Brittain earlier this week, Rev. 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. On Rice's footage, crime tape starts to go up as he gets Brittain's name from King. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. 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 remains free on bond pending appeal. Brittain was up late working on the vehicles transmission before taking the test drive, family members have said. There is no body camera footage of the incident, though the officer had a camera in his possession. "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. Jurors acquitted Michael Davis of manslaughter while finding him guilty of the misdemeanor charge in the death of 17-year-old Hunter Brittain during a June traffic stop outside Cabot, a city of about 26,000 people roughly 30 miles north-east of Little Rock. 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. The Arkansas State Crime Laboratory cant publicly release the autopsy report because of Arkansas Code 1212-312, Director Kermit Channell said. "I don't think it's fair. He later died at North Little Rock Hospital. 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. Larger agencies might not have the day-to-day contact with individual investigators, which you find in a small prosecutors office, Golden 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. Davis claimed he didn't realize he didn't turn on his body camera until after the shots were fired. 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. The only ones are at the very top and that's so the jury will not be able to hear anything going on outside. Michael Davis guilty of negligent homicide in the fatal shooting of 17-year-old Hunter Brittain. Davis, who was originally charged with felony manslaughter, fatally shot Brittain who was test-driving his truck after working on it all night. Are people gonna have to fear for their life again? 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. He wont be an officer no more and he cant kill no more kids.. TIL Sam Kinison was killed by a drunk driving 17 year old, Troy Pierson. 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. 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. Lonoke County Sheriff John Staley last week fired Davis for not turning on his body camera until after he had shot Brittain. Phillips received the investigative file on July 15, according to an email from the prosecutor coordinating office. 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.. In July, Phillips, a prosecutor from a district on the other side of the state, was assigned to handle the case. Without all the evidence I cannot make any determination on whether the shooting was proper.. Hunter Brittains family has called for police reform, including an end to qualified immunity, the legal doctrine that shields many police officers from legal action when accused of committing crimes in the court of their duty. While everyone in the makeshift courtroom in Cabot was quiet when they heard the decision, they said a lot to once they exited the doors. Brittains family claim the teen had been working on his pickup, and that at the time of the shooting he was unarmed, with only a bottle of antifreeze in his hands. Michael Davis of the Lonoke County sheriff's office are shown in this undated combination of courtesy photos. Brittain made his way to the truck bed, where he grabbed a blue coolant jug. Family members said Brittain was grabbing a container that held antifreeze to place behind the trucks wheel, to stop it rolling backward. 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. Hunter did nothing wrong, just like we felt George Floyd did nothing wrong, Sharpton told reporters before the memorial. 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. An investigator with the Arkansas State Police was called to the stand after. Both are representing Brittains family. The car, which had transmission issues, began smoking and was pulled over by Davis as it neared the repair shop. 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. 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. Chuck. Text messages sent later that day and on June 28 were redacted by the state police agency. Brittains shooting by a Lonoke County sheriffs deputy has drawn the attention of civil rights activists nationally. Original reporting and incisive analysis, direct from the Guardian every morning, A memorial for Hunter Brittain in Beebe, Arkansas last year. The family is going to continue to trust the process, Jacob said. It soon shows Davis telling another deputy, Nathaniel Rice, "The guy jumped out of the f****** truck and grabbed something out of the back, and it was a f****** oil can. Brittain had been fatally shot by a Lonoke County sheriff's deputy during a traffic stop early that morning. 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