Are people gonna have to fear for their life again? "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. The document says what it says, Jacob said. 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. It's not that this isn't a shocking and tragic. LITTLE ROCK, Ark. 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. A cop shot and killed Hunter Brittain as the 17-year-old was trying to grab an antifreeze jug from his car. Michael Davis, during a traffic stop June 23 near Cabot, about 30 miles (50 kilometers) northeast of Little Rock. Were ready to find out something. 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. Michael Davis guilty of negligent homicide in the fatal shooting of 17-year-old Hunter Brittain. Brittain made his way to the truck bed, where he grabbed a blue coolant jug. Hunters family is already distrustful because they havent gotten any answers whatsoever, Crump said. The police officer has a lot more situational awareness of a danger than maybe you or I would be aware of, Newcomb said. Davis testified that he thought the teen was grabbing for a gun. He has not responded to numerous emails requesting updates on the investigation, including a message sent Wednesday. But if we segregate how we react, then were wrong.. Famed attorney Ben Crump named one of TIME's100 Most Influential People, Please refresh the page or navigate to another page on the site to be automatically logged in, Please refresh your browser to be logged in. 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.. Due to that failure, I have terminated the employment of this deputy, the sheriff said in a video statement on Facebook. Brittain was test-driving a pickup truck with his cousin that the two spent the night tinkering on at a local repair shop. 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. While it is difficult to wait for answers, it is important that the investigation that occurs is both fair and complete.. The only ones are at the very top and that's so the jury will not be able to hear anything going on outside. Brittains shooting by a Lonoke County sheriffs deputy has drawn the attention of civil rights activists nationally. The sentence has resulted in mixed emotions from many parties involved, that all had comments after the verdict. Staley said on the witness stand during the trial that deputies should turn on their body cameras at about the time they initiate blue lights, if conducting traffic stops. His attorney did not respond to a request for comment. Crump previously released a statement that Brittain was shot three times by Lonoke County sheriffs Sgt. Hunter's Uncle, Jesse Brittain, said all they wanted was acknowledgment and an apology. 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. Davis claimed he didn't realize he didn't turn on his body camera until after the shots were fired. 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. Pierson pled guilty to one count of vehicular manslaughter with gross negligence. They know exactly what they are doing. A Freedom of Information Act request for communication between Graham and the Arkansas State Police shows there was some contact between the two agencies between the time of the shooting and Grahams recusal. You know, he'll go back to force," she said. The Arkansas Democrat-Gazette reported that Davis was also given a $1,000 fine. We'll never have Hunter standing with us again.". Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. I dont think he did anything that clearly prejudiced Davis rights in the case.. Al Sharpton, who spoke at Brittain's funeral July 6 at Beebe High School, where the teen attended school. Some of Brittains family members have said a witness to the shooting claims Davis didnt offer verbal commands before the shooting. Davis said he gave commands to Brittain to show his hands that were ignored. Davis was fired by the Lonoke county sheriff, John Staley, for not turning on his body camera until after shooting Brittain. All rights reserved. It was emotional for witnesses and Brittain's family, many of them had to step out of the courtroom. He told the state police when he was interviewed by them that he shot one time and why. Once we have the autopsy report, we will know more.. 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. 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. On Rice's footage, crime tape starts to go up as he gets Brittain's name from King. He would have faced between three and 10 years in prison for manslaughter, a felony. 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. Im his grandmother. He remains free on bond pending appeal. He has not responded to numerous emails requesting updates on the investigation, including a message sent Wednesday. Jury deliberations lasted less than three hours. One of their witnesses included a law enforcement officer who has trained many officers of when to use deadly force. I didnt get into this job to kill people, he said. 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. He was sentenced to one year of probation and 300 hours of community service. 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Ultimately the 12 jurors were seated-- made up of nine women, three men, and two alternates. 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. 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. Davis, an eight-year veteran with the Lonoke County Sheriffs office, gave the boy commands to stop and shot him before he could see what he was retrieving, which turned out to be a jug of antifreeze. His press conference on Friday was brief and he refused to take questions. Crump led the crowd in chanting, Hunter Brittains life matters.. They have also pushed for state laws that would require officers to have their body cameras on their entire shift. The killing in the predominantly white community has drawn the attention of national civil rights activists such as Sharpton, who said concerns about police tactics arent just limited to the Black community. 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. 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. 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 is white. 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. Well, wonder no more! Video at arkansasonline.com/mdavis/. The document says what it says, Jacob said. 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. 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. 1, we dont have situations like this very often, he said. Mike Davis plead not guilty to felony manslaughter in the death of Hunter Brittain. Please read our Terms of Use or contact us. 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.". 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. On Nov. 15, former Lonoke County Sgt. During his instruction it states that you must tell the subject you are going to shoot them before "if possible." 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. 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. Phillips received the investigative file on July 15, according to an email from the prosecutor coordinating office. Devon Jacob, Brittains familys attorney, described the report as unclear. (Photo courtesy of Arkansas State Police). Davis said he shot Brittain once, after the teen exited his truck and. The jury handed down a one-year jail sentence and a $1,000 fine -- the maximum penalty for the charge -- after finding Davis guilty. 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. What happened to the officer who shot Hunter Brittain? Example video title will go here for this video. Send it to The Daily Beasthere. Davis said he could not see the 17-year-old's hands before shooting. Brittain turned into a lot off the highway and jumped out of the vehicle, which was rolling backward, Newcomb said Wednesday. 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. Prosecuting attorney, Jeff Phillips said the state is fine with the verdict but the sentencing wasn't what they expected. 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. 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. The Lonoke Co. sheriff said he supports the public release of body cam video in the fatal shooting of Hunter Brittain when the "State Police investigation allow it." More Videos Next up in 5 He told the state police when he was interviewed by them that he shot one time and why. I respect the decision of the jury. 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. Davis said all of these things were the reason he felt afraid for his life and thought Brittain "was going to kill him.". 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. 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. Hunter Brittain (left) and then-Sgt. 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. 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. Phillips received the investigative file on July 15, according to an email from the prosecutor coordinating office. Brittains family has said the teenager was unarmed and was holding a jug of antifreeze when he was shot. Floyd died in May last year when a white Minneapolis police officer used his knee to pin the handcuffed Black mans neck to the ground. Once he gets back? Brittain was up late working on the vehicles transmission before taking the test drive, family members have said. He was my grandson. Ive had him for the last five years of his life, his grandmother Rebecca Payne said after the killing. "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. TIL Sam Kinison was killed by a drunk driving 17 year old, Troy Pierson. How much help are American volunteers in Ukraine? 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 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. Michael Davis of the Lonoke County sheriff's office are shown in this undated combination of courtesy photos. 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. 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. 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. Even though it's not the ending he wanted, defense attorney Robert Newcomb said juries often go with the lesser charge. Brittain's family said he was working on his truck right before he drove it down the road and was pulled over by Davis. Chuck. Text messages sent later that day and on June 28 were redacted by the state police agency. An ambulance arrives on the scene at 14 minutes after "shots fired" went across the radio. 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. He also shared what made him fear for his life, which consequently made him fire his gun. It's been nine months of fighting and trying to make their voices heard by many, according to Hundley. Davis turned himself inon Friday, Sept. 17, after the special prosecuting attorney issued an arrest warrant for manslaughter. Press J to jump to the feed. It's a case that's gained national attention and one that has greatly impacted the community of Lonoke and across Arkansas. Were going to take this and see what else [the special prosecutor in the case] has got to say and hopefully this will stick. 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. King responds that the truck wouldn't shift into park. "I didn't say that this defendant was a bad guy. [DOCUMENT: Coroners report for Noah Hunter Brittain arkansasonline.com/coronerbrittain]. Former Arkansas deputy Michael Davis was found guilty of negligent homicide in the shooting death of 17-year-old Hunter Brittain. Davis, Newcomb said. He said he never heard any verbal cues from Davis until after the shots were fired. Staley on Monday said he welcomed those who want to peacefully protest, but that out-of-state activists could risk inflaming an already difficult situation.. Brttain went to the bed to get something(transmission fluid / anti-freeze) for the truck. the officer fired 1 shot killing the teen. King, 16 at the time, said the teens had previously used a coolant container to stop the truck from rolling back. 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. 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. Wendy Lindsey, Hunters cousin, said in an interview shortly after the announcement on Friday that she was happy at least something was done. But she added that she didnt think the manslaughter charge for Davis was enough. 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. Davis was originally charged with manslaughter, in a a case that was difficult for everyone involved. 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. 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. I didn't say he was a mean guy. 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. Davis was sentenced to 1-year in jail plus a $1,000 fine. The vehicle was smoking and making loud noises, Davis and King have said. 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. During a public memorial for Brittain earlier this week, Rev. Brittain was up late working on the vehicles transmission before taking the test drive, family members have said. The next day, the Arkansas State Police passed the investigation file to Grahams office. 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 maximum jail term faced by Davis, a former sergeant with the Lonoke county sheriffs office, was one year. The car, which had transmission issues, began smoking and was pulled over by Davis as it neared the repair shop. King said he never heard any commands from Davis before the gunshot. 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. As Brittain did this, Davis shot one round at Brittain in his lower right neck. "Now, what's gonna happen? He is the first law enforcement officer to be convicted by an Arkansas jury for an on-duty shooting in recent history. Davis said mentioned several things that led to him firing his gun. 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. 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. Brittains family and friends have held protests nightly outside the Lonoke County sheriffs office and have complained about the lack of information released. Michael Davis near Cabot, Arkansas, United States. btw before the traffic stop, the officer turned off his body-cam, then turned it on after the shooting which is against department policy. "Because the deputy failed to activate his bodycam, he has been terminated," Staley said in his statement. I dont want to jeopardize this case, its too important, he said. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. Its time they start letting us know something., Community members also rallied behind the Brittain family, demanding Justice for Hunter.. Few details about the shooting have been officially released over the past two months. On 1 July, the the sheriffs office announced it had fired sergeant Davis for failing to comply with the agencys body camera policy. 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. Ex-deputy charged with manslaughter in death of Arkansas teen out on bond. 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. 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. 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. 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 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. The teen didnt respond to verbal commands given by the deputy, Necomb said. 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. But the passenger in the truck heard no verbal communication, only 1 shot. Its about right and wrong.. Now whats going to happen? The county has not decided whether to grant the hearing, County Attorney Allen Dodson said Wednesday. 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. This document may not be reprinted without the express written permission of Northwest Arkansas Newspapers LLC. I didnt hear it and it happened so fast.. 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. Jordan King told police that the two had been working on the truck's transmission all night and were test driving it. While it is difficult to wait for answers, it is important that the investigation that occurs is both fair and complete.. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. Because of the great public interest in this case, the Arkansas Democrat-Gazette has made the video available, but with two alterations: The view of the victims body has been blurred by our staff out of sensitivity, and the video, which is nearly 19 minutes long, has been shortened to about 15 1/2 minutes to eliminate portions that had no audio or meaningful video. 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. He wont be an officer no more and he cant kill no more kids.. The witness said that Davis was in compliance with his training. Newcomb has said Brittain was pulled over by Davis because his vehicle was smoking heavily and an engine was knocking. After another pre-trial hearing on March 14, the trial will officially begin on March 15. 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. BEEBE, Ark. Michael Davis of the Lonoke County sheriff's office are shown in this undated combination of courtesy photos. 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. One officer was convicted of murder in Floyds death. 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 defense also added and went through every reason why Davis feared for his life and fired the gun. According to family members, Brittain had been working on the vehicles transmission and was taking a test drive when he was stopped by Davis. 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 county has not decided whether to grant the hearing, County Attorney Allen Dodson said Wednesday. Crump questioned Grahams involvement in the case in response to inquiries Wednesday by the Arkansas Democrat-Gazette. I do all the on-call stuff, Graham said in a phone conversation last week. Crump, in a statement, said the charges were the first step in the pursuit of justice for Brittain, adding that his shooting was the latest example of law enforcement shooting first and asking questions later.. Michael Davis guilty of negligent homicide in the fatal shooting of 17-year-old Hunter Brittain. He also got emotional multiple times during his testimony. 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. As they were getting pulled over, King said they were laughing and thought it was funny because the truck was smoking. The family of Mr Brittain, who dreamed of being a NASCAR racing driver, was heartbroken over the shooting and called for full transparency from the sheriffs department. The case attracted attention from national civil rights leaders better known for their work with Black Lives Matter. This material may not be published, broadcast, rewritten, or redistributed. The car, which had transmission issues, began smoking and was pulled over by Davis as it neared the repair shop. On June 23, Hunter's life was cut short when a Lonoke County sheriff's deputy fatally shot him during a traffic stop. But it turned out to just be a jug of antifreeze. The day ended with the body camera footage and testimony will resume on Wednesday, March 16, at 9 a.m. During the second day of the trial, the jury watched Davis' recorded interview with state police which was conducted five days after the shooting. Attorney Ben Crump and Jacob were retained by Brittains family in the days after the shooting as the case received national attention. And jumped out of the Lonoke County sheriff, John Staley, for not turning on his camera. Added and went through every reason why Davis feared for his life and fired the gun for,. Vehicles transmission before taking the test drive, family members have said a witness to the officer who trained. Grant the hearing, County attorney Allen Dodson said Wednesday kill no more and he cant kill no kids! The gunshot this isn & # x27 ; s deputy shot and killed a teenager after a stop... We acknowledge that is going to be much harder in a computer for! 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