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Andrew Brown Jr latest – Judge won't release body cam footage of cop shooting, but will allow family see deadly moment

  • Who was Andrew Brown? Man shot and killed in Elizabeth City
  • Andrew Brown cop shooting: North Carolina in state of emergency as cop body cam video of black man's death to be released
  • Who is the North Carolina sheriff's deputy who shot Andrew Brown?

A JUDGE has ruled AGAINST releasing the full body cam footage showing the moment Andrew Brown Jr was "executed by cops".

Following a hearing today at Pasquotank County Courthouse in Elizabeth City, Judge Jeff Foster denied a media petition and appeal from a North Carolina sheriff for the video to be made public.

He agreed, however, for it to be disclosed to Brown's immediate family, including his adult son Khalil Ferebee, and one licensed attorney – once any identifying information of deputies in the footage is blurred or redacted.

In court, District Attorney Andrew Womble argued for a 30-day delay in releasing the video so that state investigators can make progress on their probe of the shooting.

Before the hearing, Pasquotank Sheriff Tommy Wooten said he would have released the video days ago as soon as investigators allowed, reports WAVY News.

Earlier this week, Brown's family and legal team viewed 20 seconds worth of body cam footage showing the death of the 42-year-old.

After seeing the allegedly shortened version, Attorney Ben Crump said: "We do not feel that we got transparency, we only saw a snippet of the video where we know that the video started before and after what they showed the family.

"They determined what was perfect – why couldn't the family see all of the video they only showed one body cam video even though we know there were several bodycam videos," he fumed.

When asked how many shots were fired, one of the family's legal team said "we lost count in 20 seconds how many shots."

Meanwhile, the FBI is opening a civil rights investigation into Brown's death.

Brown was fatally shot during a drug-related warrant executed by police on April 21 in North Carolina. He was hit five times in all; four times in the arm, and once — the alleged fatal "kill shot" — in the head.

Brown was confronted by a Pasquotank County Sheriff's Office deputy attempting to serve him a warrant at around 8.30am on Wednesday of last week.

The deputy fired a gun while Brown was allegedly driving away from his home.

Elizabeth City declared a state of emergency on Monday ahead of the possible release of the body cam footage of Brown's death. Protests demanding transparency have erupted in the area.

Since the April 21 shooting, authorities have provided limited information about the situation in which Brown was killed, and the body cam footage has not been released to the public.

North Carolina law requires that in order to release critical evidence such as body camera footage, a court order must be issued.

Read our live blog below for the very latest on Andrew Brown Jr's death…

  • Katie Davis

    SELLERS RESPONDS TO FOX NEWS HOST WHO ACCUSED HIM OF FAKING ACCENT

    Fox News commentator Laura Ingraham accused Bakari Sellers of faking an accent during a press conference earlier this week.

    Sellers responded after Ingraham accused of him of faking an accent during a press conference.

    "I know that people said I switched accents," Sellers told reporters on April 27.

    "But my daddy would always say – never argue with a fool because you don’t know who’s watching, and they can’t tell the difference."

    The quote refers to one made by legendary writer Mark Twain.

  • Katie Davis

    WHO IS BAKARI SELLERS?

    Bakari Sellers is a former lawmaker who is one of the attorneys representing the family of Andrew Brown Jr.

    The 36-year-old is a lawyer and political commentator who made history when he served in the South Carolina House of Representatives from 2006 until 2014.

    In 2006 he became the youngest member of the South Carolina state legislature and the youngest elected black official in the nation. Sellers was just 22 when he won the election.

    Sellers has "followed in the footsteps of his father, civil rights leader Dr Cleveland Sellers, in his tireless commitment to public service while championing progressive policies to address issues ranging from education and poverty to preventing domestic violence and childhood obesity," his online bio reads.

    He is married to his wife Dr Ellen Rucker-Sellers and father to twins Sadie and Stokely. 

  • Katie Davis

    BROWN FAMILY'S ATTORNEYS 'DEEPLY DISAPPOINTED' BY JUDGE'S DECISION

    Civil rights attorney Ben Crump and co-counsels Bakari Sellers, Harry Daniels, and Chantel Cherry-Lassiter have said they "refuse to be discouraged" by the judge's ruling to not release body cam footage of the moment Andrew Brown Jr was shot by cops.

    “We are deeply disappointed by the judge’s decision to not make body camera footage from the involved officers available to be viewed by the public," they said in a joint statement.

    "In this modern civil rights crisis where we see Black people killed by the police everywhere we look, video evidence is the key to discerning the truth and getting well-deserved justice for victims of senseless murders.

    "Just look at the murder of George Floyd – if the world had not seen that clear and disturbing footage, there might not have even been an ounce of accountability for those officers.

    "We refuse to be discouraged and vow to keep the pressure on these agencies until we get to the truth. We will not stop saying his name. Andrew Brown Jr.” 

  • Katie Davis

    ANDREW BROWN JR’S FUNERAL TO BE HELD NEXT MONDAY

    Civil rights activist Al Sharpton will deliver the eulogy at Andrew Brown Jr’s funeral next Monday.

    His family’s lawyers said the the service will take place at midday on May 3 in Elizabeth City.

    Others details are yet to be confirmed.

  • Katie Davis

    PASQUOTANK COUNTY SHERIFF 'DISAPPOINTED' BY JUDGE'S RULING

    Pasquotank County Sheriff Tommy Wooten has said he is "disappointed" the body cam footage won't be released immediately after appealing for it to be made public.

    “I wanted the body camera footage to be released to the public as soon as possible, and I’m disappointed it won’t happen immediately," he said.

    "Obviously, I’ll respect the judge’s ruling. 

    "Although we’re unable to show the public what happened right now, the independent investigators are working to complete their investigation. 

    "As soon as all of the important facts are given to me, I will act quickly to ensure accountability and I’ll be as transparent as I possibly can with the public."

  • Katie Davis

    BROWN'S FAMILY CALL RULING A 'PARTIAL VICTORY'

    The family of Andrew Brown Jr have called the judge's ruling today a "partial victory".

    Judge Jeff Foster denied requests for the full body cam video to be released today following a hearing in Elizabeth City.

    He did, however, approve a disclosure of redacted footage to Brown's immediate family- including his adult son Khalil Ferebee – and one licensed attorney.

  • Katie Davis

    'RELEASING FOOTAGE NOW WOULD JEOPARDIZE INVESTIGATION', JUDGE SAYS

    Judge Jeff Foster said he was delaying the release of the footage "to allow completion of any investigation being undertaken" by NC SBI and the local district attorney.

    He added that sharing video at this time would "pose a serious threat to the administration of justice and infringe on the confidentiality necessary to protect a possible criminal investigation".

    The judge said he would reconsider Pasquotank County Sheriff Tommy Wooten's request for video to be released in 30 to 45 days time "based on the factors as they exist at the that time".

  • Katie Davis

    DISCLOSURE TO BROWN'S FAMILY WILL INCLUDE FIVE FILES

    Judge Foster has approved the disclosure of body cam footage to Brown's immediate family, including his adult son Khalil Ferebee, and one licensed attorney.

    It will include five files from body cameras and a dash cam.

    Any identifying information of deputies in the footage will blurred or redacted before it is disclosed to Brown's family in the next 10 days.

    Judge Foster will reconsider a public release of the footage in 30 to 45 days, once the investigation is complete.

  • Katie Davis

    FOOTAGE WILL BE RELEASED TO PUBLIC IN '30 TO 45 DAYS'

    Judge Foster says the footage will NOT be released to the public until the investigation is complete and it caused threaten a fair trial.

    Only then, in 30 to 45 days time, will he reconsider releasing the video.

    Judge Foster did, however, rule that redacted footage will be disclosed to members of Brown's immediate family and one licensed attorney in the next 10 days.

  • Katie Davis

    BODY CAM FOOTAGE TO BE DISCLOSED TO FAMILY

    The judge has said that the body cam footage should be disclosed to Andrew Brown Jr's family – but not released publicly at this time.

    Following a hearing today at Pasquotank County Courthouse, Judge Foster denied a media petition for the video to be released, saying that news outlets do not qualify to seek release under the law.

    "A good cause does not exist for granting the petition of the media," he said.

    Judge Foster has ordered for any identifying information of deputies in the footage to be blurred or redacted before it is disclosed to the family.

  • Katie Davis

    BREAKING: JUDGE RULES AGAINST RELEASE OF FULL BODY CAM FOOTAGE

    Judge Foster has today ruled AGAINST the release of the full body cam footage showing the moment cops shot Andrew Brown Jr dead in North Carolina.

    During a hearing today at Pasquotank County Courthouse, DA Andrew Womble argued for a 30 day delay in releasing the video so that state investigators can make progress on their probe of the shooting.

    A 20-second clip was shown to Brown's family earlier this week – but protesters demanded the full video be made public.  

  • Katie Davis

    OFFICERS 'RECEIVING DEATH THREATS' FOLLOWING SHOOTING

    An attorney for anonymous officers has said death threats are being made against them.

    He argued against the release of the full body cam footage of the incident, saying there are fears the "wrong person" could be targeted if the video is made public.

    The attorney said: “The officers are very distraught. They feel for the family of Andrew Brown.

    “We believe the shooting was justified.”

    He added there is a difference between the public “wanting” to see the video and “needing” to see it.

  • Katie Davis

    CONTINUED

    "As it backs up, it does make contact with law enforcement officers," Womble said, before the car reportedly stops again 

    "The next movement of the car is forward. It is in the direction of law enforcement and makes contact with law enforcement. It is then and only then that you hear shots."

    Womble argued that body camera video from the shooting – a portion of which was shown to the family on Monday – should be kept from the public for another month so that state investigators can make progress on their probe of the shooting.

  • Katie Davis

    PROSECTOR CLAIMS BROWN HIT COPS WITH CAR BEFORE THEY SHOT HIM

    Andrew Brown Jr hit deputies with his car before they fired the shots that killed him, a prosecutor today claimed.

    Bodycam footage of the fatal incident has not yet been released by police, however, family members of Brown have called his death an "execution".

    A judge is considering formal requests to make the video public in a hearing that began at 10am this morning.

    District Attorney Andrew Womble told the judge that he had viewed the footage and disagreed with a characterization by attorneys for the family of Brown Jr. that his car was stationary when the shooting started.

    Womble said the footage shows Brown's car making contact with police twice before two shots could be heard ringing out in the video.

  • Katie Davis

    JUDGE'S DECISION ON RELEASING BODY CAM FOOTAGE IMMINENT

    Judge Foster is due to soon make a decision on whether the full body cam footage will be released.

    Lawyers have pushed for the cop body camera footage to be released as the public "wouldn't have known what happened to George Floyd without the video."

    DA Andrew Womble, however, has argued for a 30 day delay in the video being released to allow for the NC SBI to complete its investigation and for anycharges to be decided upon.

  • Katie Davis

    PRESS ATTORNEY SAYS PUBLIC INTEREST IN FOOTAGE IS 'COMPELLING'

    Attorney Mike Tadych, who is representing some 20 media organizations wanting the body cam footage to be released, told Judge Foster that his clients were "advocating for transparency in the hopes of aiding the national conversation we find ourselves in about citizens' interaction with police."

    He said there is "compelling public interest" for it to be sent out.

    Tadych added that the differing accounts of footage from DA Andrew Womble and the Brown family's attorney Chantel Cherry-Lassiter is a reason to release it.

    He said he does not believe it will impede the investigation.

  • Katie Davis

    BROWN 'HIT COPS WITH CAR BEFORE SHOTS WERE FIRED', DA CLAIMS

    DA Andrew Womble has claimed Andrew Brown Jr hit officers with his car before shots were fired.

    He alleged in court this morning that Brown's car was stationary when deputies approached, but Brown backed up and "made contact" with officers, then drove forward and again "made contact" with cops before he was shot.

    "As it backs up, it does make contact with law enforcement officers," Womble – who has viewed the footage – said.

    "The next movement of the car is forward. It is in the direction of law enforcement and makes contact with law enforcement. It is then and only then that you hear shots."

  • Katie Davis

    SEVEN PROTESTERS ARRESTED DURING LATEST NIGHT OF RIOTS

    Cops arrested seven protesters last night as riots continued over the shooting of Andrew Brown Jr.

    Demonstrations raged on for the seventh night in a row yesterday.

    Crowds of protesters defied the 8pm curfew put in place in Elizabeth City to take to the streets.

    Shortly before 10pm last night, police said: "The final warning has been given to disperse.

    "Arrests will be made at this time."

  • Katie Davis

    DA SAYS FAMILY'S ATTORNEY MADE 'FALSE' COMMENTS

    DA Andrew Womble said in court that statements made by Brown family attorney Chantel Cherry-Lassiter at a press conference were "patently false".

    He told the judge that he had viewed the footage and disagreed with a characterization by attorneys for the family of Brown Jr. that his car was stationary when the shooting started.

    Cherry-Lassiter said the video showed Brown in his vehicle in his driveway and blocked in by law enforcement, making it so he couldn't have driven away.

    "He had his hands firmly on the steering wheel. They run up to his vehicle shooting. He still stood there, sat there in his vehicle, with his hands on the steering wheel while being shot at."

  • Katie Davis

    'WE BELIEVE THE SHOOTING WAS JUSTIFIED'

    An attorney for "unnamed defendants" has said the officers involved are "very distraught" by the incident.

    He said that death threats are being made against officials and there are fears the "wrong person" could be targeted if the full body cam footage is released.

    The attorney added: "The officers are very distraught. They feel for the family of Andrew Brown.

    "We believe the shooting was justified."

  • Katie Davis

    ATTORNEY ARGUES AGAINST RELEASE OF BODY CAM VIDEO

    An attorney has argued against the release of the footage, saying there are concerns for the people in the video.

    He has said if it is released, the faces of those in the video should be redacted for their safety.

    He argued there is a difference between the public "wanting" to see the video and "needing" to see it.

  • Katie Davis

    DISTRICT ATTORNEY ASKS FOR 30 DAY DELAY IN RELEASING BODY CAM FOOTAGE

    District Attorney Andrew Womble is requesting for the judge NOT to order the release of the full body cam footage.

    He has argued that it could interfere with the investigation.

    Womble has said there for four body cam clips, which the judge has said he has spent "hours" reviewing.

    Womble has argued that either the video should be released in 30 days if charges are not brought, or if they are, the footage should be released in court.

    He said, however, he believes it should be disclosed to the family.

  • Katie Davis

    'RELEASE OF FOOTAGE WILL NOT HINDER INVESTIGATION'

    Pasquotank County Attorney R. Michael Cox has said he does not believe the release of the the full body cam footage will hinder the State Bureau of Investigation probe.

    Cox has requested Judge Foster allow the Pasquotank Sheriff's Office to release the footage.

    The hearing is taking place at Pasquotank County Courthouse in Elizabeth City now.

  • Katie Davis

    JUDGE COULD ORDER RELEASE OF BODY CAM FOOTAGE

    Superior Court Judge Jeff Foster could order for the full body cam footage of Andrew Brown Jr being shot by police to be released.

    A hearing is taking place now at Pasquotank County Courthouse in Elizabeth City.

    Judge Foster is considering demands and a petition for the whole video to be released.

    Roads were closed in downtown Elizabeth City ahead of a hearing scheduled to be have begun at 10am.

  • Katie Davis

    CONTINUED – NC SBI STATEMENT

    Mr Schurmeier continued: "As far as any relevant video, we defer to the local authorities and the courts to make that determination as guided by State law.

    "The SBI supports transparency to the greatest extent possible, as we think this serves the interests of the family, the local community, and North Carolina as a whole.

    "Please know we will continue to investigate this matter with a full commitment to obtaining truth and justice for all concerned. That is central to the mission of this agency and will certainly be upheld with respect to the timely investigation of this matter.

    "Anyone with material information regarding this case is encouraged to call the NC SBI at 1-888-NCISAAC or email us at [email protected]"

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