A Lonoke County circuit judge is considering a new setting for the case of a former Lonoke County deputy accused of recklessly killing teen Hunter Brittain during a June 23 traffic stop.
Michael Davis faces a sentence of up to 10 years if convicted of felony manslaughter in the death of Brittain, a 17-year-old whose death has gained national attention.
Special Prosecuting Attorney Jeff Phillips filed charges against Davis on Sept. 17 after an Arkansas State Police investigation.
Circuit Judge Barbara Elmore said Monday that previous disruptions in the case could cause a move to a new location within the Lonoke County circuit. Disruptions include chanting by crowds outside the courthouse that were heard inside the courtroom during a November hearing. The Cabot National Guard Armory is seen as one option for a new location.
A decision will be made on whether to move by the end of the week, Elmore said.
Brittain's family has retained civil-rights attorneys Ben Crump and Devon Jacobs, who have been involved in many high-profile cases, including representing the families of George Floyd, Breonna Taylor, Trayvon Martin and Ahmaud Arbery.
Monday's hearing lacked the large crowds and media trucks that have typically surrounded each of Davis' hearings. Brittain's family also didn't dress in their typical attire of t-shirts that read "Justice for Hunter."
Elmore said she won't allow t-shirts that might influence jurors to be worn in the courtroom after the question was raised Monday by defense attorney Robert Newcomb.
Newcomb previously told the Arkansas-Democrat Gazette that he would ask for an anonymous jury during Monday's hearing.
Elmore asked Newcomb on Monday to make a formal motion before she considers the request. She also scolded him for talking to the newspaper.
"I don't want you talking to the newspaper on a motion before it is filed with me," Elmore told Newcomb.
Phillips, who has maintained limited contact with the media, said that wouldn't be a problem for him.
If granted, an anonymous jury would seal jury information such as names, addresses and workplaces, which are typically public record.
Newcomb said previously that he is concerned that jurors could be threatened or pressured in the case.
Lonoke County Sheriff John Staley said previously that his family received death threats after the fatal shooting. He also noted that he doesn't think the threats were from Brittain's family but rather outside national groups.
Body camera footage, which has yet to be released to the public, was mentioned during the hearing.
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."
Phillips said he wouldn't use all of the footage he has attained from multiple deputies and plans to use only the relevant clips.
"I have one officer's video camera that I intended to use," Phillips said. "I'm wanting to streamline this trial as much as possible."
A response to a motion for discovery filed by Phillips on Oct. 25 shows body camera footage from Davis and one other deputy as evidence that could be used in the case.
There was discussion Monday about whether any video Phillips plans to use could be argued by Newcomb during a pretrial hearing, currently set for March.
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.
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.
Attorneys for Brittain's family have said the teen was grabbing a blue plastic bottle of antifreeze to place behind the wheel because the vehicle wouldn't shift into park.
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.