The only ones are at the very top and that's so the jury will not be able to hear anything going on outside. TIL Sam Kinison was killed by a drunk driving 17 year old, Troy Pierson. Every state, every locality, is different, Marque Heydari said. 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. 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. 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. Attorney Ben Crump and Jacob were retained by Brittains family in the days after the shooting as the case received national attention. The Arkansas State Crime Laboratory cant publicly release the autopsy report because of Arkansas Code 1212-312, Director Kermit Channell said. You could always say Mr. Graham should have stepped away immediately but that is hindsight, Newcomb said. Attorneys Ben Crump and Devon Jacob, representing Brittains family, criticized the sheriff for not firing Davis over the shooting itself. Notifications can be turned off anytime in the browser settings. 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. Davis, Newcomb said. Hes currently being held in an undisclosed jail, after being booked in Lonoke County. Brittains shooting by a Lonoke County sheriffs deputy has drawn the attention of civil rights activists nationally. Michael Davis guilty of negligent homicide in the fatal shooting of 17-year-old Hunter Brittain. The teen didnt respond to verbal commands given by the deputy, Necomb said. 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 . 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. Al Sharpton, left, and attorney Benjamin Crump, right, escort Rebecca Payne to view her grandson's casket during the funeral service for 17-year-old Hunter Brittain, on Tuesday, July 6, 2021, at the Beebe High Schools Auditorium in Beebe, Ark. The police officer has a lot more situational awareness of a danger than maybe you or I would be aware of, Newcomb said. It wont require a recusal, Abdul-Bey said. What were the ramification to the LEO that decided to break their oath?? Hunter's Uncle, Jesse Brittain, said all they wanted was acknowledgment and an apology. 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.. 1, we dont have situations like this very often, he said. Moving forward, both Brittain's family and Michael Davis will be involved in separate civil lawsuits against the Lonoke County Sheriff's Office. On Rice's footage, crime tape starts to go up as he gets Brittain's name from King. Hunters family is already distrustful because they havent gotten any answers whatsoever, Crump said. [2] Killing [ edit] Brttain went to the bed to get something(transmission fluid / anti-freeze) for the truck. the officer fired 1 shot killing the teen. Brittains family and friends have held protests nightly outside the Lonoke County sheriffs office and have complained about the lack of information released. King was in the car with Brittain in the early morning hours of June 23, 2021. I never touched it, Graham said when asked about the file. But even after the verdict, the Brittain family said this isn't the end of them telling Hunter's story. The video starts with Davis saying, "Shots fired, shots fired," across his radio. All rights reserved. He wont be an officer no more and he cant kill no more kids.. People protesting the killing of 17-year-old Hunter Brittain doing burnouts in the parking lot of the Lonoke County sheriff's office. But the passenger in the truck heard no verbal communication, only 1 shot. The sentence has resulted in mixed emotions from many parties involved, that all had comments after the verdict. Davis then moves to sit in another vehicle by himself. Press question mark to learn the rest of the keyboard shortcuts. The case made national headlines and gained the attention of civil-rights activists, including the Rev. 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. Mike Davis near a body shop in Cabot. The defense also added and went through every reason why Davis feared for his life and fired the gun. I do all the on-call stuff, Graham said in a phone conversation last week. I didnt get into this job to kill people, he said. The Arkansas Democrat-Gazette reported that Davis was also given a $1,000 fine. Newcomb has said Brittain was pulled over by Davis because his vehicle was smoking heavily and an engine was knocking. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. Due to that failure, I have terminated the employment of this deputy, the sheriff said in a video statement on Facebook. On Nov. 15, former Lonoke County Sgt. Didn't put the truck in park, nothing," Davis says. The civil-rights attorneys also represented the family of George Floyd, who died in 2020 while in police custody in Minneapolis. Shortly after the shooting, Davis was fired by the Lonoke County Sheriffs Office for breaking their body-camera policy. When buying cowboy boots, there are a few aspects to consider, such as how far up they go on your legs and their design. 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." Newcomb, a Little Rock attorney who often represents police officers, requested a grievance hearing on behalf of Davis from Lonoke County. I didn't say he was a mean guy. 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 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. 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. But it turned out to just be a jug of antifreeze. Once we have the autopsy report, we will know more.. Davis claimed in that interview that he shouted at Brittain to "show me our hands." 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. Michael Davis, a former police sergeant in Arkansas, has been charged with manslaughter for recklessly shooting and Hunter Brittain, an unarmed 17-year-old killed during a traffic stop gone wrong. One officer was convicted of murder in Floyds death. The jury handed down a one-year jail sentence and a $1,000 fine -- the maximum penalty for the charge -- after finding Davis guilty. The civil-rights attorneys also represented the family of George Floyd, who died in 2020 while in police custody in Minneapolis. 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. 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. All rights reserved. Brittains family has said the teenager was unarmed and was holding a jug of antifreeze when he was shot. Family members have said Brittain had been working on his trucks transmission and had been test driving it when he was pulled over. 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. At that point, that was within a couple days of the event.. (NWA Media). 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. Robert Newcomb, Daviss attorney, said he planned to challenge the standard jurors used to determine whether Davis was negligent. After a short break, open arguments started around 2:30 p.m. Now that the trial has begun, Brittain's Aunt Mary Robertson is praying that that accountability happens in the coming days. Davis was originally charged with manslaughter, in a a case that was difficult for everyone involved. Ex-deputy charged with manslaughter in death of Arkansas teen out on bond. Crump questioned Grahams involvement in the case in response to inquiries Wednesday by the Arkansas Democrat-Gazette. The county has not decided whether to grant the hearing, County Attorney Allen Dodson said Wednesday. Now whats going to happen? 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. 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. At times, prosecutors will recuse themselves and request a special prosecutor for cases involving law enforcement officers because of the relationship between the two bodies. What has been the reaction to the shooting? Brittain was shot by a Lonoke County Sheriff's Deputy during a traffic stop on June 23. During his instruction it states that you must tell the subject you are going to shoot them before "if possible." Were going to take this and see what else [the special prosecutor in the case] has got to say and hopefully this will stick. Brittains family retained Ben Crump and Devin Jacob just days after the shooting. 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. Jordan King told police that the two had been working on the truck's transmission all night and were test driving it. The witness said that Davis was in compliance with his training. Davis was originally charged with felony manslaughter Sept. 17. "I was not happy. 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. 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. 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. 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 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. 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. Are people going to have to fear for their lives again? she told reporters. Davis mentioned Brittain's 'loud' and 'smoking' truck, along with their interaction happening 3 a.m. CPR is started almost immediately. I'll say I'm not necessarily surprised by that burden," he said. According to family members, Brittain had been working on the vehicles transmission and was taking a test drive when he was stopped by Davis. The document says what it says, Jacob said. Were ready to find out something. The case attracted attention from national civil rights leaders better known for their work with Black Lives Matter. He also shared what made him fear for his life, which consequently made him fire his gun. The jury was asked a series of questions related to law enforcement and their opinions. Even though it's not the ending he wanted, defense attorney Robert Newcomb said juries often go with the lesser charge. In their closing arguments, the defense highlighted Davis' character and how he became a police officer to help people, not hurt people. Without all the evidence I cannot make any determination on whether the shooting was proper.. 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 issue of policing is not about Black and white, Reverend Al Sharpton said at a eulogy for Mr Brittain. They didnt say one word that I know of, he told KATV. 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. An ambulance arrives on the scene at 14 minutes after "shots fired" went across the radio. 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. 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. Davis was fired from the Lonoke County sheriff's office on July 1 after Sheriff John Staley said Davis violated policy by not turning on his camera prior to encountering Brittain. The only thing that bothered me is that they checked with Graham and they wouldnt let us look at the video, Newcomb said. The only one who has been accurate on that is Sgt. Its about right and wrong.. "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. 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. Brittain made his way to the truck bed, where he grabbed a blue coolant jug. Press J to jump to the feed. Newcomb has said Brittain was pulled over by Davis because his vehicle was smoking heavily and an engine was knocking. 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. King said he never heard any commands from Davis before the gunshot. Another witness who was nearby during the shooting said he was at the shop waiting on Brittain and a friend when he heard the gunshots. 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. Michael Davis guilty of negligent homicide in the fatal shooting of 17-year-old Hunter Brittain. Your life had meaning, youre loved and your family will not stop advocating until we have justice for you, Hunter, he said. They should have no interaction with police officers because that can create a sense of bias, Marque Heydari said. 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. 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. I cant speak to what different offices practice are. The misdemeanor charge enables Davis to still be eligible to serve as a law enforcement officer. As Brittain did this, Davis shot one round at Brittain in his lower right neck. Once we have the autopsy report, we will know more.. Davis, Newcomb said. "It was cold-blooded murder by the Lonoke police. 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. Davis testified that he thought the teen was grabbing for a gun. 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. Michael Davis shot and killed 17-year-old Hunter Brittain has been released. Hopefully, Hunter and his untimely death will finish what Hunters brother George Floyd and his death started, Jacob said. It has been called Dr. Seuss Day because of this. He is the first law enforcement officer to be convicted by an Arkansas jury for an on-duty shooting in recent history.