He told the state police when he was interviewed by them that he shot one time and why. The state police released a majority of the investigative file Friday. Are people going to have to fear for their lives again? she told reporters. At that point, that was within a couple days of the event.. Davis could be sentenced to up to 10 years in prison if found guilty. The county has not decided whether to grant the hearing, County Attorney Allen Dodson said Wednesday. "It's going to be hard, it's been hard, it's been hard since June," he said. Video at arkansasonline.com/mdavis/. We hope that the jury can see the things that we see," she said. 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. Arkansas State Police are investigating Brittains death. 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. 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 case attracted attention from national civil rights leaders better known for their work with Black Lives Matter. The police officer has a lot more situational awareness of a danger than maybe you or I would be aware of, Newcomb said. Former Arkansas deputy Michael Davis was found guilty of negligent homicide in the shooting death of 17-year-old Hunter Brittain. But King said Davis never gave any commands to Brittain before he shot him. Are people gonna have to fear for their life again? 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. There is no body camera footage of the incident, though the officer had a camera in his possession. Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. LITTLE ROCK, Ark. Phillips received the investigative file on July 15, according to an email from the prosecutor coordinating office. The only one who has been accurate on that is Sgt. 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. 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. On June 23, Hunter's life was cut short when a Lonoke County sheriff's deputy fatally shot him during a traffic stop. One of their witnesses included a law enforcement officer who has trained many officers of when to use deadly force. 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. Davis claimed he didn't realize he didn't turn on his body camera until after the shots were fired. Davis claimed in that interview that he shouted at Brittain to "show me our hands." Your life had meaning, youre loved and your family will not stop advocating until we have justice for you, Hunter, he said. The case has garnered national attention, as calls for police reform continue around the country in the wake of last summers widespread Black Lives Matter protests. A medical examiner from the Arkansas State Crime lab that confirmed Brittain was shot in the neck, was also called to the stand on Wednesday. Ive had him for the last five years of his life, his grandmother Rebecca Payne said after the killing. 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. "What the jury said is that a law enforcement officer in uniform committed a crime, and the jury has said that Hunter Brittain was unlawfully killed by Michael Davis. The biggest thing about his testimony was that he said he never heard Davis give any verbal cues until after Brittain was shot. It's not that this isn't a shocking and tragic. "I didn't say that this defendant was a bad guy. 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. 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. They should have no interaction with police officers because that can create a sense of bias, Marque Heydari said. 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. Brittain was shot by a Lonoke County Sheriff's Deputy during a traffic stop on June 23. 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. 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. Bodycam footage of an Arkansas deputy responding to the scene after former Sgt. 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 video starts with Davis saying, "Shots fired, shots fired," across his radio. Brittain's family retained civil-rights attorneys Benjamin Crump and Devon Jacob soon after the shooting to handle the teen's estate and any civil suits. It's been nine months of fighting and trying to make their voices heard by many, according to Hundley. The sentence has resulted in mixed emotions from many parties involved, that all had comments after the verdict. Brittains family and friends have held protests nightly outside the Lonoke County sheriffs office and have complained about the lack of information released. 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. Both are representing Brittains family. Hunter's Uncle, Jesse Brittain, said all they wanted was acknowledgment and an apology. The last witness called in by prosecution was Davis' former boss, Sheriff John Staley, who told the jury that Davis had issues with turning on his body camera in the past. The 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. That's what this jury says, that's a strong finding," he 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. Jordan King, Brittains cousin who was in the car with him at the time, said Brittain hopped out with the jug to place it behind the trucks tireswhich is something the teen always did to help stop the old truck. He said he should refrain from talking about the case because special prosecutor Jeff Phillips, prosecuting attorney for the 5th Judicial District, was named July 12. (AP) The results of the investigation into a Lonoke County deputy's deadly shooting of 17-year-old Hunter Brittain during a traffic stop have been handed over to prosecutors. Brittains shooting by a Lonoke County sheriffs deputy has drawn the attention of civil rights activists nationally. Davis attorney, Robert Newcomb, previously told The Daily Beast that Davis feared the worst when Brittain hopped out and reached into the bed of his truck. 1, we dont have situations like this very often, he said. All rights reserved. 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. He's still driving on his way to the scene. It wont require a recusal, Abdul-Bey said. (NWA Media). 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. If convicted of manslaughter, Davis could be sentenced to a maximum of 10 years in prison. 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. 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. I think its murder, she said. Davis, Newcomb said. "We're glad that we're finally at this point. Copyright 2023, Arkansas Democrat-Gazette, Inc. A jury found former Lonoke County Sgt. Jury deliberations lasted less than three hours. Brittain turned into a lot off the highway and jumped out of the vehicle, which was rolling backward, Newcomb said Wednesday. We'll never have Hunter standing with us again.". 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. Jordan King told police that the two had been working on the truck's transmission all night and were test driving it. Once we have the autopsy report, we will know more.. Brittain was transferred to a nearby hospital where he died from the gunshot wound. It's a case that's gained national attention and one that has greatly impacted the community of Lonoke and across Arkansas. "Now, what's gonna happen? A video from Rice, who arrived within minutes of the shooting, shows King on the ground in cuffs as Davis yells. 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. Pierson pled guilty to one count of vehicular manslaughter with gross negligence. The teen was having trouble shifting the truck into park, according to a friend in the car at the time, so Mr Brittain jumped out of the car to retrieve a jug in the trucks bed he used as a backstop for the ageing vehicle. Im not sure we could set a policy at the national level that could cover all circumstances. Prosecutors are held accountable by elections, Golden said. He later died at North Little Rock Hospital. Ultimately the 12 jurors were seated-- made up of nine women, three men, and two alternates. 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. Rebecca Payne, Brittains grandmother, said family members wanted the deputy convicted of the felony to ensure he could not serve as an officer again. They always seem to have their body cameras off. The family of Brittain has hired Devon Jacob and Benjamin Crump to represent them in the case. Closing arguments lasted a little over an hour. The car, which had transmission issues, began smoking and was pulled over by Davis as it neared the repair shop. Sharpton eulogized 17-year-old Hunter Brittain, who was shot and killed by a white Lonoke County sheriff's deputy, Sgt. You know, he'll go back to force," she said. 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.. Michael Davis near Cabot, Arkansas, United States. LITTLE ROCK, Ark. 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.. On Sept. 20, Davis was released on a $15,000 bond. Its about right and wrong.. While the verdict isn't something they agree with, the Brittain family said they do accept it. What happened to the officer who shot Hunter Brittain? Now whats going to happen? 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. He also got emotional multiple times during his testimony. I'll say I'm not necessarily surprised by that burden," he said. The jury handed down a one-year jail sentence and a $1,000 fine -- the maximum penalty for the charge -- after finding Davis guilty. 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. 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. They didnt say one word that I know of, he told KATV. The white teens death prompted protests in a region of the state not known for speaking out against police violence. 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. An investigator with the Arkansas State Police was called to the stand after. Robert Newcomb, Daviss attorney, said he planned to challenge the standard jurors used to determine whether Davis was negligent. 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. One officer was convicted of murder in Floyds death. 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. Larger agencies might not have the day-to-day contact with individual investigators, which you find in a small prosecutors office, Golden said. About 9:45 into the video, another officer comes up to Davis and says, "Buddy, I'm going to put my gun in your holster.". 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. I was working from home. 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. 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. Davis, who was originally charged with felony manslaughter, fatally shot Brittain who was test-driving his truck after working on it all night. No matter which side you looked at, it was a difficult week for everyone. 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. 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. Crump previously released a statement that Brittain was shot three times by Lonoke County sheriffs Sgt. The civil-rights attorneys also represented the family of George Floyd, who died in 2020 while in police custody in Minneapolis. 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. After the verdict was announced, Brittains family and friends chanted Justice for Hunter outside the national guard facility used for the trial. Crump led the crowd in chanting, Hunter Brittains life matters.. Copyright 2023, Arkansas Democrat-Gazette, Inc. Both were lawyers in George Floyd's murder case. Davis has been with the Sheriff's Office since 2013. [DOCUMENT: Coroners report for Noah Hunter Brittain arkansasonline.com/coronerbrittain]. CPR is started almost immediately. I cant speak to what different offices practice are. On June 23, 2021, 17-year-old Hunter Brittain was test driving his truck after making repairs early in the morning when he was pulled over by former Lonoke County Sgt. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. My nephew, Hunter, is laying in a grave or refrigeration and this man is going to get to go home," he said. Brittain was up late working on the vehicles transmission before taking the test drive, family members have said. 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