David Turbyfill was indicted by a grand jury with a felony for the reckless handling of a firearm, for firing his gun at Isiah Brown. The deputy sheriff is on administrative leave at the Spotslvania County Sherriff’s Office after the shooting. An hour earlier, Mr Brown had received a ride home from the same police officer.
Mr Brown’s injuries led him to be in a critical condition in hospital. “My concern at this point is just for my son to hopefully come home alive,” his mother, Jennifer Brown, said at the time of the shooting.
The shooting happened after Mr Brown called 911 on 21 April. In a recorded call that was released four days after the shooting, he is heard asking for authorities to come help a situation with him and his brother.
He tells the operator, “I’m about to kill my brother.” When the operator tells him not to do that, he says “alright”. Mr Brown is then asked by the operator why he would threaten to kill his brother, and Mr Brown responds by saying, “Somebody needs to come here real quick.” Mr Brown then clarifies to the operator that he does not have a gun.
The interaction between Mr Brown and Deputy Sherriff Turbyfill was caught on a body camera. According to the footage, it takes 30 seconds from the police officer getting out his vehicle to begin shooting. He asks Mr Brown to drop his gun repeatedly.
“Show me your hands,” Deputy Sherriff Turbyfill yells. “Show me your hands. Show me your hands, now. Show me your hands. Drop the gun. He’s got a gun to his head. Drop the gun now. Stop walking towards me. Stop walking towards me. Stop. Stop.”
The item that Deputy Sherriff Turbyfill was convinced was a gun was actually Mr Brown’s telephone, a cordless landline. It was discovered later that Mr Brown did not have a gun.
David Haynes, the lawyer representing Mr Brown, issued a statement about the grand jury’s decision.
“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,” he said.
If convicted, the felony holds a minimum sentence of five years.
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