Once he gets back? If convicted, he could face three to 10 years in prison. It was released after the March 18 closure of a trial in which Davis, 31, was convicted of misdemeanor negligent homicide in the death of the 17-year-old from McRae. Every state, every locality, is different, Marque Heydari said. All rights reserved. Lonoke County Sheriff John Staley last week fired Davis for not turning on his body camera until after he had shot Brittain. Closing arguments lasted a little over an hour. Davis was originally charged with manslaughter, in a a case that was difficult for everyone involved. After a few minutes, he can be heard crying. Start your Independent Premium subscription today. What happened to the officer who shot Hunter Brittain? The vehicle was smoking and making loud noises, Davis and King have said. Phillips received the investigative file on July 15, according to an email from the prosecutor coordinating office. 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. Hunter Brittain (left) and then-Sgt. Davis mentioned Brittain's 'loud' and 'smoking' truck, along with their interaction happening 3 a.m. She said that is easier for larger prosecuting offices to implement. The civil-rights attorneys also represented the family of George Floyd, who died in 2020 while in police custody in Minneapolis. During his instruction it states that you must tell the subject you are going to shoot them before "if possible." They didnt say one word that I know of, he told KATV. 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 biggest thing about his testimony was that he said he never heard Davis give any verbal cues until after Brittain was shot. Please read our Terms of Use or contact us. (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. Both were lawyers in George Floyd's murder case. "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. 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. A key piece to the kit involves prosecutors clearly outlining decisions for the public. "I don't think it's fair. The white teens death prompted protests in a region of the state not known for speaking out against police violence. Highway Patrol trooper on leave after fatal Morton County shooting. 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. 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. The only one who has been accurate on that is Sgt. The case made national headlines and gained the attention of civil-rights activists, including the Rev. 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. Hunter Brittain, the 17-year-old killed by a Lonoke County sheriffs deputy in June, died of gunshot wounds in his neck and arm, according to a coroners report released Wednesday. The case attracted attention from national civil rights leaders better known for their work with Black Lives Matter. Committee, Families file 100+ complaints against cemetery in, Farmers share their voices at the AR State Capitol, House Education Committee advances Arkansas LEARNS, Embattled UK Prime Minister Boris Johnson resigns, Zelensky: There will be two Victory Days in Ukraine. You could always say Mr. Graham should have stepped away immediately but that is hindsight, Newcomb said. 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. I was working from home. On June 23, Hunter's life was cut short when a Lonoke County sheriff's deputy fatally shot him during a traffic stop. 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. Minutes after the shooting, a third deputy starts to console Davis while still at the scene. Hes currently being held in an undisclosed jail, after being booked in Lonoke County. One of their witnesses included a law enforcement officer who has trained many officers of when to use deadly force. 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. Jordan King told police that the two had been working on the truck's transmission all night and were test driving it. A video from Rice, who arrived within minutes of the shooting, shows King on the ground in cuffs as Davis yells. 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. 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 maximum jail term faced by Davis, a former sergeant with the Lonoke county sheriffs office, was one year. There is no body camera footage of the incident, though the officer had a camera in his possession. My nephew, Hunter, is laying in a grave or refrigeration and this man is going to get to go home," he said. Davis was originally charged with felony manslaughter Sept. 17. He said he never heard any verbal cues from Davis until after the shots were fired. 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. As they were getting pulled over, King said they were laughing and thought it was funny because the truck was smoking. A cop shot and killed Hunter Brittain as the 17-year-old was trying to grab an antifreeze jug from his car. 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. 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. The family of Brittain has hired Devon Jacob and Benjamin Crump to represent them in the case. Davis pulled over Hunter Brittain, 17, on June 23, 2021, outside Cabot, a small town 30 miles north of Little Rock. 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! 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. (NWA Media). But King said Davis never gave any commands to Brittain before he shot him. 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. That's what this jury says, that's a strong finding," he said. 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. 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. Newcomb has said Brittain was pulled over by Davis because his vehicle was smoking heavily and an engine was knocking. (AP) The results of the investigation into a Lonoke County deputys deadly shooting of 17-year-old Hunter Brittain during a traffic stop have been handed over to prosecutors. Press J to jump to the feed. Attorney Ben Crump and Jacob were retained by Brittains family in the days after the shooting as the case received national attention. 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 testified that he thought the teen was grabbing for a gun. His death sparked nationwide protests over policing and racial inequality. The trial is taking place at the Cabot Readiness Center, where it was moved from the Lonoke County courthouse, mainly due to the fact that there are not a lot of windows inside the courtroom. Family members said Brittain was grabbing a container that held antifreeze to place behind the trucks wheel, to stop it rolling backward. A jury found former Lonoke County Sgt. 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. Im his grandmother. I think its murder, she said. Some of Brittains family members have said a witness to the shooting claims Davis didnt offer verbal commands before the shooting. Mike Davis near a body shop in Cabot. The jury handed down a one-year jail sentence and a $1,000 fine -- the maximum penalty for the charge -- after finding Davis guilty. But it turned out to just be a jug of antifreeze. It was emotional for witnesses and Brittain's family, many of them had to step out of the courtroom. Didn't put the truck in park, nothing," Davis says. On Sept. 20, Davis was released on a $15,000 bond. The county has not decided whether to grant the hearing, County Attorney Allen Dodson said Wednesday. 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.. Get the Android Weather app from Google Play, Rison hit by Wednesday night storm damage, Arkansas state legislators hit the court in Hoops, Growing old and hungry: Shelbys Pantry in Carlisle, Arkansas LEARNS Act passes through House Education, Windshield covers and other handy gear you need for, 18 trendy cowboy boots to wear this winter, 18 books youll want to read on Dr. Seuss Day, AR legislators play in charity basketball game, AR pantry helps to end hunger in elderly community, LEARNS Act passes through House Ed. 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. The two conflicting narratives were hampered by the fact that Davis body camera was never turned on during the quick encounter. 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. 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. 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. 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. He was sentenced to one year of probation and 300 hours of community service. Davis could be sentenced to up to 10 years in prison if found guilty. He also got emotional multiple times during his testimony. It wont require a recusal, Abdul-Bey said. Five minutes into Rice's video, someone notes that Brittain is still breathing. Once we have the autopsy report, we will know more.. 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. State Police say Hunter Britain, 17 was shot and killed by Sergeant Michael Davis. One bullet can go through and cause injury in more than one location, Newcomb said. I didnt hear it and it happened so fast.. "Because the deputy failed to activate his bodycam, he has been terminated," Staley said in his statement. Your life had meaning, youre loved and your family will not stop advocating until we have justice for you, Hunter, he said. Prosecuting attorney, Jeff Phillips said the state is fine with the verdict but the sentencing wasn't what they expected. Copyright 2023 Nexstar Media Inc. All rights reserved. That's all I asked for," Rebecca Payne, Brittain's grandma, 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. 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