The Virginia cop who shot an unarmed black man multiple times while the man was on the phone with a 911 dispatcher was indicted on a felony charge of reckless handling of a firearm on Thursday.
Spotsylvania County Deputy David Matthew Turbyfill, 23, shot Isaiah Brown, 32, while the man was walking down the street outside of his home around 3:18am on April 21.
Reckless handling of a firearm is usually a misdemeanor, but special prosecutor LaBravia Jenkins said it’s a felony in this case because Brown suffered significant injuries.
The charge carries a maximum of five years in prison.
Three months after the shooting, Brown has six bullets still lodged in his body, the family lawyer David Haynes said.
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Isaiah Brown, 32, was heard on a 911 call, which was released Friday, saying he wanted to kill his brother. He went out for a walk outside his Virginia home, still on the phone with 911, when a deputy in the Spotsylvania County Sheriff’s office responded and seemingly mistook the phone for a gun before shooting him multiple times
Spotsylvania County Sheriff’s office released body camera footage and a recording of the 911 call late Saturday after public outrage over the shooting
Haynes said Brown was shot eight times and is currently recovering at home after spending more than a month in the hospital.
He said Brown and his family are ‘pleased’ that Turbyfill was indicted on a felony, but they still are calling for the officer’s ‘immediate termination.’
Turbyfill was placed on administrative leave after the shooting and is still on leave.
‘The shooting resulted in significant injuries to Mr. Brown which will undoubtedly impact him for the rest of his life,’ Haynes told DailyMail.com in an emailed statement. ‘Mr. Brown did nothing wrong and was on the phone with a 911 dispatcher when Turbyfill recklessly shot him eight times.
Transcript of the 911 recording
Brown: ‘Can you send somebody down here?’
911: ‘What is going on, Isaiah? Why don’t you just, what is the problem?’
Brown: ‘I’m about to kill my brother,’ Isaiah Brown responded.
911 : ‘Don’t kill your brother.’
Brown: ‘Someone needs to come here real quick.’
(at this point Brown leaves his house)
911: ‘Do you understand that you just threatened to kill your brother on a recorded line on 911?’
911: ‘So why would you say something like that?’
Brown ‘Because I need to get to my s**t’
911: ‘Do you have a gun?’
911: ‘Do you have a gun on you?’
911: ‘Do you have any weapons on you?’
(Sirens are heard in the background.)
911: ‘You need to hold your hands up. Hold your hands up.’
911: ‘Isaiah, are you holding your hands up?’
Deputy: ‘Show me your hands. Show me your hands now.:
Dispatch: ‘Are you holding your hands up?’
Deputy: ‘Show me your hands. Drop the gun. Drop the gun now. Stop walking towards me. Stop walking towards me. Stop. Stop.’
(Sound of at least seven shots goes off.)
(About one minute passes)
Deputy: ‘Several gunshots to the abdomen. One gunshot to the left eye. Two gunshots to the side. I got you, man. I’ll pray for you, man.’
(The deputy tells Brown’s brother to get the medical kit from his squad car and works to keep Brown alive. The 911 audio continues for about four more minutes)
‘Isiah Brown’s life was shattered and changed forever when he crossed paths with David Turbyfill. While this indictment doesn’t take Mr. Brown’s physical pain away, it does signify a measure of justice. We look forward to the successful prosecution of David Turbyfill.’
Spotsylvania Sheriff’s Maj. Troy Skebo told The Free Lance Star that the Sheriff’s Office will have no further comments on the matter and referred all inquiries to Jenkins.
Turbyfill hasn’t made a comment to the media since Thursday’s indictment.
Less than an hour earlier that night, Turbyfill gave Brown a ride home after his car broke down near a gas station several miles away.
Brown’s brother Tazmon said he spoke to Turbyfill, who told him Brown wasn’t in any trouble and just needed a ride home. The deputy then left.
Brown got into an argument with his brother, called 911 and Turbyfill returned to the Browns’ home and found Isaiah walked outside with the cordless phone to his ear.
Haynes said the family believes Turbyfill mistook the phone for a gun after reviewing the 911 audio recording and bodycam footage, which the sheriff’s office released after public outcry.
They blamed the shooting on poor communication between the 911 dispatcher and the deputy.
In the recording of the 911 call, Brown can be heard asking his brother for a gun, and his brother can be heard telling him he wasn’t going to give it to him.
Brown was heard on the 911 call threatening to kill his brother because he wouldn’t let him in their mom’s room.
The dispatcher asks ‘What is going on, Isaiah? What is the problem?’
Brown responds: ‘I’m about to kill my brother.’
He then tells the operator: ‘Somebody needs to come here real quick.’
The dispatcher asks: ‘Do you understand that you just threatened to kill your brother on a recorded line on 911?’
The 911 dispatcher asked Brown if he had a gun, which Brown first answered, ‘Yup’.
But he later says that he is not carrying one.
At some point it appear Brown walks outside the property.
Sirens can soon be heard in the background, and Brown was still on the call with the 911 dispatcher when the deputy arrived.
Less than 30 seconds before the Turbyfill shot Brown, he again tells the dispatcher he does not have a gun. But it’s unclear whether the Turbyfill had been made aware.
The 911 operator can be heard telling Brown that he needs to put his hands up.
She says: ‘You need to hold your hands up. Hold your hands up.’
In the background, the officer can be heard shouting for Isaiah to put his hands in the air.
In the bodycam footage, the officer is heard yelling, ‘He’s got a gun to his head.’
He then shouts at Brown, ‘Stop walking towards me. Stop walking towards me. Stop. Stop,’ before he opened fire.
Isiah Brown’s family, including his brother and sister Tazmon and Yolanda, said Isaiah suffers from mental illness, and the officer had no reason to shoot him, Fox 5 Washington DC reported
Turbyfill can be heard saying Brown was shot multiple times in the abdomen, one shot to the left eye and two to his side.
‘Performing life saving measures,’ the deputy said before the bodycam footage ends.
The 911 audio continues beyond that moment, and the deputy can be heard trying to keep Brown alive and instructing Brown’s brother to get a first aid kit out of his patrol car.
‘I got you, man. I’ll pray for you man,’ the deputy was heard telling Brown. ‘Hey, man, stay with me. Don’t leave me.’
Brown’s family says he suffers from a mental illness, and that the officer had no reason to shoot him, Fox 5 Washington DC reported.