Tue. Oct 26th, 2021

ELIZABETH CITY, N.C. (AP) — Andrew Brown Jr., a Black man killed by deputies in North Carolina, was shot five times, including in the back of the head, according to an independent autopsy report released Tuesday by his family’s attorneys.

Also Tuesday, the FBI announced a federal civil rights investigation into last week’s shooting of Brown by deputies serving drug-related search and arrest warrants. The developments come amid increasing calls for the release of body camera footage, including formal petitions to make the video public that will be considered by a judge on Wednesday.

The autopsy was performed Sunday by a pathologist hired by Brown’s family. The exam noted four wounds to the right arm and one to the head. The state’s autopsy has not been released yet.

The family’s lawyers also released a copy of the death certificate, which lists the cause of death as a “penetrating gunshot wound of the head.” The certificate, signed by a paramedic services instructor who serves as a local medical examiner, describes the death as a homicide.

Brown was shot last Wednesday by deputies serving drug-related search and arrest warrants at his house in the North Carolina town of Elizabeth City, about 160 miles northeast of Raleigh.

The autopsy results come a day after Brown’s relatives were shown a 20-second clip of footage from one deputy’s body camera. Another family lawyer, Chantel Cherry-Lassiter, who viewed the video, said Monday that officers opened fire on Brown while he had his hands on the steering wheel of a car. She said the video showed Brown trying to drive away but posing no threat to officers.

Brown’s son Khalil Ferebee questioned why deputies opened fire.

“Yesterday I said he was executed. This autopsy report shows me that was correct,” he said Tuesday at a news conference. “It’s obvious he was trying to get away. It’s obvious. And they’re going to shoot him in the back of the head?”

Wayne Kendall, one of the lawyers representing the family of Andrew Brown Jr., points to an autopsy chart that his team condu



Wayne Kendall, one of the lawyers representing the family of Andrew Brown Jr., points to an autopsy chart that his team conducted showing where Mr. Brown was shot on April 27, 2021 in Elizabeth City, North Carolina. (Photo by Joe Raedle/Getty Images)

The pathologist, North Carolina-based Dr. Brent Hall, noted a wound to the back of Brown’s head from an undetermined distance that penetrated his skull and brain. He said there was no exit wound.

“It was a kill shot to the back of the head,” family attorney Ben Crump said.

Two shots to Brown’s right arm penetrated the skin. Two others shots to the arm grazed him. The pathologist could not determine the distance from which they were fired.

The shooting prompted days of protests and calls for justice and transparency. Pasquotank County Sheriff Tommy Wooten II has said multiple deputies fired shots but released few details about what happened. Seven Pasquotank County deputies have been placed on leave while the State Bureau of Investigation probes the shooting.

The FBI announced that its Charlotte field office had opened the civil rights investigation into Brown’s death, saying its agents will work closely with federal prosecutors and the Department of Justice “to determine whether federal laws were violated.”

Wednesday’s court hearing on the video will consider petitions to release the footage, including filings by a media coalition and by the county attorney on behalf of the sheriff. A North Carolina law that took effect in 2016 allows law enforcement agencies to show body camera video privately to a victim’s family, but it generally requires a court to approve any public release.

It’s not clear how soon a judge could rule or how quickly the video would be released if the release is approved. In similar cases, it has sometimes taken weeks for the full legal process to play out.

The slow movement has prompted an outcry from protesters, the family’s lawyers and racial justice advocates, who noted that law enforcement agencies in other states have moved faster. In Columbus, Ohio, the day before Brown was shot, body camera footage was released within hours of an officer fatally shooting a 16-year-old Black girl who was swinging a knife at another girl.

Democrats in the North Carolina General Assembly filed a measure this month proposing that body camera video be released within 48 hours unless a law enforcement agency asks a court to delay its distribution. But the legislation faces long odds with the GOP controlling both chambers of the Legislature.

A key Republican lawmaker, state Sen. Danny Britt, issued a statement saying GOP lawmakers are open to considering improvements to the current law. But with a hearing set for Wednesday, he said, the process has had little time to unfold.

“It would seem very early, then, to label as broken a process that just began,” Britt said.

Drew reported from Durham, N.C. Associated Press Writer Gary D. Robertson in Raleigh contributed to this report.

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