Judge Rules On Release Of Police Videos Of Andrew Brown Shooting

NORTH CAROLINA — A North Carolina Superior Court judge denied a request by Pasquotank County officials and nearly two dozen media outlets Wednesday to release officer body camera footage of the death of Andrew Brown, Jr., a Black man who was shot and killed last week in Elizabeth City while trying to drive away from officers.

Judge Jeff Foster issued the ruling midday Wednesday, saying that the footage could be disclosed to the family and one attorney within 10 days, but that the full video would not be released to them for at least 30 to 45 days, according to reports.

In his ruling, Foster said releasing the video could put the safety of deputies involved at risk and also potentially affect any future trial proceedings, the Washington Post reported.

The Brown family legal team issued a statement immediately following the judge's ruling, vowing to continue the fight to release the video.

“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. 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," the attorneys said. "We refuse to be discouraged and vow to keep the pressure on these agencies until we get to the truth.

Earlier this week, Brown's family expressed outrage after they were shown a 20-second video clip of the incident.

During court proceedings Wednesday, Pasquotank County Attorney Mike Cox told Foster the sheriff's office was in favor of releasing the five video files from four body cameras, and that doing so would not impede state and federal investigations into the shooting. “While the body-cam footage only shows one perspective for a limited period of time, it might give the public some ability to understand what happened that day,” Cox said, The Charlotte Observer reported.

The FBI Charlotte field office announced Tuesday that is had launched a federal civil rights investigation into Brown's death.

"Agents will work closely with the U.S. Attorney's Office for the Eastern District of North Carolina and the Civil Rights Division at the Department of Justice to determine whether federal laws were violated," FBI Charlotte said Tuesday.

SEE ALSO: FBI Launches Civil Rights Probe Into Andrew Brown's Death

District Attorney Andrew Womble, however, argued in opposition to the video release, saying it could hinder any future criminal proceedings, Carolina Public Press reported.

Womble also told the court the officer shooting was justified because Brown hit officers with his car before they started shooting, the Washington Post reported.

Andrew Brown Jr., 42, was shot and killed by Pasquotank County Sheriff's Office deputies in Elizabeth City April 21 as they attempted to serve an arrest and search warrant that alleged that Brown sold small amounts of cocaine and methamphetamine to an informant. The police informant claimed to authorities to have purchased drugs from Brown for more than a year.

Community leaders have joined Brown's family in calling for full video release, saying it would shed light on what transpired in the moments before he was targeted in a volley of gunfire. According to early eyewitness accounts, Brown was shot in the back of the head while trying to get away from officers, which prompted days of local protest and calls for transparency.

According to the group of attorneys, the 20-second clip offered to the family Monday began with footage of at least five officers running to the driver's side of Brown's vehicle with guns drawn and shooting as both his hands gripped the steering wheel. He attempted to back away from officers, not toward them, as he tried to evade getting shot, they said. After his car crashed into a tree, they continued to shoot at him, Brown family attorney Chantel Cherry-Lassiter said Monday.

"They were shooting and saying, 'let me see your hands,' at the same time," she said. "Let's be clear, this was an execution."

"We only saw a snippet of the video," Brown family attorney Ben Crump added. "We do not feel that what the county attorney offered was transparency at all."

Tuesday, independent autopsy results indicated he was shot five times. Reading the autopsy results before a gathered crowd, Crump said Brown had four non-lethal bullet wounds in his right arm and "a kill shot to the back of the head."

"They won't release the video, so we have to painstakingly put the pieces together," Crump said.

The shooting occurred the same day former Minneapolis police officer Derek Chauvin was convicted for his role in the death of George Floyd in a trial that gripped national attention due to footage of the incident.

SEE ALSO:

• Andrew Brown Shooting: NC Governor Calls For A Special Prosecutor
• Autopsy Shows Andrew Brown Shot 5 Times, Including Back Of Head
• Andrew Brown Shooting: Family Only Shown 'Snippet' Of Video
• NC Cops Sued After Black GA Librarian Pulled Out Of Car By Hair