Hearing set for Lonoke County ex-deputy in death of teen

Hunter Brittain (left) and then-Sgt. Michael Davis of the Lonoke County sheriff's office are shown in this undated combination of courtesy photos.
Hunter Brittain (left) and then-Sgt. Michael Davis of the Lonoke County sheriff's office are shown in this undated combination of courtesy photos.

The former Lonoke County sheriff’s deputy accused of recklessly killing teen Hunter Brittain last year will go before a judge Monday as attorneys for both sides prepare for a March trial.

Michael Davis faces a sentence of up to 10 years if convicted of felony manslaughter in the death of Brittain, who was shot during an early morning traffic stop June 23. Family members have said the 17-year-old was test-driving his vehicle after working on the transmission throughout the night.

The case has drawn widespread attention. The Rev. Al Sharpton, a national civil-rights advocate, attended Brittain’s funeral July 6 in Beebe, and attorneys Benjamin Crump and Devon Jacob are representing the Brittain family.

Crump and Jacob also represented the family of George Floyd, a 46-year-old Black man who died in 2020 while in police custody in Minneapolis, sparking a wave of protests across the nation that focused on police brutality and racism. Officer Derek Chauvin was convicted April 20 of murder in Floyd’s death.

The attorneys and Sharp-ton have said Brittain’s shooting is an example on how police brutality is more than just a racial issue.

Davis’ attorney Robert Newcomb, known within the state for defending law enforcement officials in similar cases, plans to ask Circuit Judge Barbara Elmore on Monday to seal information about the trial’s jury members.

An anonymous jury is rarely used in Arkansas. Jury information such as names, addresses and jobs are typically public information. If the request were granted by the judge, t h e n j u r y members in Davis’ case wo u l d b e anonymous.

“That way s o m e o n e can’t call you in middle of the night, telling you what you should do with your vote,” New-co m b to l d the Arkansas Democrat-Gazette. “I don’t want family members or friends of the family making phone calls to the jurors, trying to threaten them.” Lonoke County Sheriff John Staley has said that he and his family received death threats after the shooting. He said the threats were likely coming from outside groups and were not directly from Brittain family members or their friends.

Newcomb also noted that chants from Brittain supporters could be heard in the courtroom during a November hearing.

Newcomb said jury selection and the trial would remain open, but that each juror would be referred to by an assigned number instead of a name.

Special Prosecuting Attorney Jeff Phillips did not respond to requests for comment about any plans he has for Monday’s hearing. Phillips, a 5th Judicial District prosecutor, was assigned to the case by Elmore on July 12. The appointment came after Lonoke County Prosecuting Attorney Chuck Graham recused himself, citing his office’s close working relationship with Davis.

Phillips has kept limited communication with media throughout the case.

Newcomb said Wednesday that there have been no discussions about a plea deal.

“I have not offered to plea, and they have not made a plea,” Newcomb said.

It is nearly unheard of for a law enforcement officer to receive a felony conviction in the state.

Joshua Hastings, a Little Rock officer who shot 15-year-old Bobby Moore in August 2012, was tried twice on a manslaughter charge. Prosecutors dropped the charge in 2014 after both trials ended with jurors unable to reach verdicts.

In April 2017, a jury in a federal trial awarded $415,000 in damages to Sylvia Perkins, Moore’s mother, saying Hastings violated Moore’s Fourth Amendment right to be free from excessive force when he fired two bullets into a car Moore was driving. Later, Hastings was ordered to pay an additional $382,585 in attorney fees and costs to Perkins.

Hastings filed for bankruptcy in March 2018.

In late 2010, former Bella Vista officer Coleman Brackney pleaded guilty to negligent homicide, a Class A misdemeanor, in the fatal shooting of 41-year-old James Ahern after a high-speed chase that January. Brackney was sentenced to 30 days in jail and was fined $1,000. He was originally charged with felony manslaughter, which is punishable by three to 10 years in prison and a fine of up to $10,000.

[HUNTER BRITTAIN: Timeline not appearing above? Click here » arkansasonline.com/123brittain/]

Davis was fired from his position days after the shooting because he didn’t activate his body camera in a timely manner, according to Staley.

The video captured when Davis activated the camera after the shooting has not been released. It’s unclear exactly what it shows, but Staley said, “We see the aftermath, but not the shooting.” A response to a motion for discovery filed by Phillips on Oct. 25 shows body camera footage from Davis and another deputy as evidence that could be used in the case. It also lists interviews with deputies, the sheriff and a witness to the shooting.

An affidavit states that Davis fired one shot that struck Brittain in the neck during a 3 a.m. traffic stop at 7180 Arkansas 89 South, south of Cabot. The teen was shot after exiting his truck and moving to the rear of the vehicle as it rolled backward toward the front of Davis’ patrol car.

Davis told investigators that he didn’t see Brittain’s hands before the shooting but gave verbal commands for Brittain to get back in the vehicle and show his hands, the affidavit states. Davis saw a container fly from Brittain’s hands and land on the ground as the bullet struck the teen, according to the affidavit.

Crump and Jacob have said Brittain was grabbing a blue plastic bottle of antifreeze to place behind the wheel because the vehicle wouldn’t shift into park.

A witness told investigators that Brittain was test-driving the vehicle, which was smoking, when he was pulled over by Davis. The witness also told investigators that he didn’t hear any verbal commands from Davis, according to the affidavit.

Phillips brought charges against Davis on Sept. 17 after an Arkansas State Police investigation. Davis was released Sept. 20 on a $15,000 bond set by 23rd Circuit Judge Ashley Parker.

Davis entered a plea of innocent during a Nov. 15 hearing before Elmore.



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Timeline of events since Brittain’s shooting

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