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. His attorney, Newcomb, did not immediately respond to a request for comment. Davis was originally charged with felony manslaughter Sept. 17. He would have faced between three and 10 years in prison for manslaughter, a felony. Crump questioned Grahams involvement in the case in response to inquiries Wednesday by the Arkansas Democrat-Gazette. 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. Davis was sentenced to 1-year in jail plus a $1,000 fine. Your life had meaning, youre loved and your family will not stop advocating until we have justice for you, Hunter, he said. Brittain was shot by a Lonoke County Sheriff's Deputy during a traffic stop on June 23. The video starts with Davis saying, "Shots fired, shots fired," across his radio. A jury found former Lonoke County Sgt. 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. Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Brittain was fatally shot by a deputy during a traffic stop . Moving forward, both Brittain's family and Michael Davis will be involved in separate civil lawsuits against the Lonoke County Sheriff's Office. 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. The document says what it says, Jacob said. Davis, Newcomb said. "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. Brittain turned into a lot off the highway and jumped out of the vehicle, which was rolling backward, Newcomb said Wednesday. Staley said the only footage police have is from the aftermath. Minutes after the shooting, a third deputy starts to console Davis while still at the scene. All rights reserved. During his instruction it states that you must tell the subject you are going to shoot them before "if possible." The two government bodies work separately but lean on each other to take criminal cases to fruition. Ben Crump, who represented Brittains family said: Hunter deserved better.. 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 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. "We're glad that we're finally at this point. Copyright 2023, Arkansas Democrat-Gazette, Inc. 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. 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! Davis mentioned Brittain's 'loud' and 'smoking' truck, along with their interaction happening 3 a.m. 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. 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 first witness called to the stand by the prosecution team was 16-year-old Jordan King. 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. She said that is easier for larger prosecuting offices to implement. Davis said he could not see the 17-year-old's hands before shooting. 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. 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. A passenger and another witness testified they never heard Davis tell the teen to show his hands. Neither Brittains nor Davis attorneys are supportive of Grahams decision to withhold body-camera footage. But even after the verdict, the Brittain family said this isn't the end of them telling Hunter's story. Press J to jump to the feed. Many attending the memorial wore jeans and shirts that read Justice for Hunter, in a ceremony that included Floyd family attorneys Ben Crump and Devon Jacob. Davis was originally charged with manslaughter, in a a case that was difficult for everyone involved. Graham filed the motion for a special prosecutor on July 8, a week after a conversation with the Arkansas Democrat-Gazette. 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. I didnt get into this job to kill people, he said. The Arkansas Democrat-Gazette and other media outlets have requested footage of the shooting for the past nine months, since the incident happened. He said Davis missed one of the three steps needed to activate the camera. During the trial, King told the jury that Brittain had been working on replacing his transmission all night. He said each prosecutors office has to make its own determination on how to handle police shootings. [2] Killing [ edit] 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. 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. 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." He told the state police when he was interviewed by them that he shot one time and why. 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. My nephew, Hunter, is laying in a grave or refrigeration and this man is going to get to go home," he said. Ultimately the 12 jurors were seated-- made up of nine women, three men, and two alternates. 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. Staley noted this was a department policy violation and used that as justification for Davis being fired. Jordan King, a friend of Brittains in the truck at the time, said he didnt hear any commands to stop. But if we segregate how we react, then were wrong.. This material may not be published, broadcast, rewritten, or redistributed. Press question mark to learn the rest of the keyboard shortcuts. After a short break, open arguments started around 2:30 p.m. 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. He told the state police when he was interviewed by them that he shot one time and why. It's been nine months of fighting and trying to make their voices heard by many, according to Hundley. 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. 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 maximum jail term faced by Davis, a former sergeant with the Lonoke county sheriffs office, was one year. Newcomb has said Brittain was pulled over by Davis because his vehicle was smoking heavily and an engine was knocking. 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. 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 has not responded to numerous emails requesting updates on the investigation, including a message sent Wednesday. The investigation of the shooting was quickly turned over to the Arkansas State Police. Rebecca Payne, Brittains grandmother, said family members wanted the deputy convicted of the felony to ensure he could not serve as an officer again. 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.". Brittain made his way to the truck bed, where he grabbed a blue coolant jug. Robert Newcomb, Daviss attorney, said he planned to challenge the standard jurors used to determine whether Davis was negligent. Staley also said the Lonoke County Sheriff's Office does not have dash cameras on its police vehicles. The trial for a former Lonoke County Sheriff's Deputy accused of killing an unarmed teenager during a traffic stop happened this week. Michael Davis, during a traffic stop June 23 near Cabot, about 30 miles (50 kilometers) northeast of Little Rock. Shortly after the shooting, Davis was fired by the Lonoke County Sheriffs Office for breaking their body-camera policy. BEEBE, Ark. 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. On Sept. 20, Davis was released on a $15,000 bond. Davis turned himself inon Friday, Sept. 17, after the special prosecuting attorney issued an arrest warrant for manslaughter. (Tommy Metthe/The Arkansas Democrat-Gazette via AP), Connect with the definitive source for global and local news. 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. "I didn't say that this defendant was a bad guy. Hunter Brittain (left) and then-Sgt. ", Davis then starts yelling at a passenger, Jordan King, "What are y'all driving the vehicle like that?". Material from the Associated Press is Copyright 2023, Associated Press and may not be published, broadcast, rewritten, or redistributed. 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. Davis, who was originally charged with felony. It makes you concerned that they are looking for a weapon. Newcomb said he isnt concerned by Grahams involvement with investigators. 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. 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. 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. 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. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. (Arkansas Democrat-Gazette/Thomas Metthe). Chuck. Text messages sent later that day and on June 28 were redacted by the state police agency. Im his grandmother. 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. LITTLE ROCK, Ark. 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. King, 16 at the time, said the teens had previously used a coolant container to stop the truck from rolling back. You could always say Mr. Graham should have stepped away immediately but that is hindsight, Newcomb said. By the prosecution team was 16-year-old Jordan King, `` what are y'all driving the vehicle like that?.! 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