More bodycam videos to be shown to Andrew Brown Jr.'s family; will not yet be released publicly, judge says

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Wednesday, April 28, 2021
Family of Andrew Brown reacts to footage of deadly Elizabeth City shooting
A North Carolina family and their attorneys are reacting with anger and frustration after viewing only a short bodycam video of the shooting death of Andrew Brown Jr. in Elizabeth City.

ELIZABETH CITY, N.C. -- The body camera video in the killing of Andrew Brown Jr. will not be released publicly for at least 30 days, a judge ruled Wednesday.

Judge Jeffrey Foster said the video was of "compelling public interest." However, he said public release of the video could harm the ongoing investigation into the case and post a "threat to administration of justice."

That's why he put a hold on public release of the video for now. He said the video could be released in 30 days and had to be released within 45 days.

In the meantime, Brown's son Khalil Ferebee and an attorney will be allowed to see all of the video within 10 days.

Brown's family was allowed to see one 20-second video Monday. They will now be allowed to see all five bodycam videos and one dashcam video.

The judge also ordered that the videos be censored before they are shown to anyone, in order to protect the officers' identity.

WATCH: Attorneys reveal independent autopsy results for Andrew Brown Jr.

Attorneys representing Andrew Brown Jr.'s family said a Pasquotank County deputy executed him with a shot through the back of his head.

During the court hearing Wednesday prior to the judge's ruling, the district attorney said the Black man killed by deputies in Elizabeth City last week made "contact with law enforcement officers" with his car before they shot him.

Andrew Brown Jr. was shot and killed by Pasquotank County deputies on April 21 while inside his car. The deputies were at his home serving drug-related search and arrest warrants.

An independent autopsy performed by Autopsy PC found that Brown was shot five times, with the final and fatal blow entering the back of his head.

During the court hearing on Wednesday, District Attorney Andrew Womble said Brown's car struck deputies before they started shooting.

"The video, the body cam video, clearly shows Mr. Brown's car in a stationary position when approached by law enforcement, and they begin to shout commands. The car is still stationary when law enforcement officers grab the door handle, still shouting commands. The car goes in a reverse position," he said. "The law enforcement officer is forced to release the door handle, and the car is backing up--those were the comments made by Miss Cherry-Lassiter (attorney representing Brown family), the car backing up, those movements. The car then stops; it is stationary once again. As it backs up it does make contact with law enforcement officers. At this point the car is stationary, there is no movement and officers are positioned around the car. 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 you hear shots."

The official autopsy report from the coroner's office has not been released.

Body camera video from the officers present at the shooting as well as dash camera video have also not been released. But that could change with the judge's decision Wednesday.

Judge Jeffrey Foster acknowledged the intense national scrutiny over this case, but made it clear his decision would not take into account any of those pressures.

"There will be no decision made based on political whims of elected officials," Foster said.

The judge said there were three options for how he could rule in the various petitions to release the bodycam video. He could rule that the video be disclosed to the party requesting access, the video could be released (a copy made) for the party requesting access, the video release could be denied, or the video release could be delayed.

Arguing before the judge Wednesday was Pasquotank County Attorney Michael Cox, District Attorney Andrew Womble, attorney H.P. Williams representing unnamed individuals, and attorney Mike Tadych representing various media members.

Cox briefly argued that the sheriff's office was legally bound to not release the video when first asked to do so by Brown's family. He said North Carolina law gives that decision solely to the judge.

Cox went on to say the sheriff's office now formally requests the video be released to Brown's family and the media.

"(This) sad event has drawn great public interest and scrutiny. 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.

District Attorney Womble spoke for the longest amount of time. He laid out an argument for why he supported the release of the video to Brown's family as well as the public, but he wanted to do it in a controlled environment so as to not corrupt the legal process.

"(Release of the video now) will hinder the orderly administration of justice, and it will hinder a fair trial," Womble said.

WATCH: Street-cam footage shows police heading to serve Brown with search warrant

New footage released Tuesday shows police heading to the house where Andrew Brown Jr. was killed.

He went on to say there are two scenarios in which the video should be released to the public: The first is in open court during a jury trial. The second is during a press conference held by Womble, if he decides not to pursue charges, where he would show the video and explain his reasoning.

"What I have asked is disclosure and release," Womble said. "I want your honor to complete this investigation--or the SBI to complete this investigation--let me review it, make my decision and then everybody can Monday morning quarterback me."

Williams spoke after Womble. Williams said he represented attorneys and clients who did not want to be identified due to a fear for their own safety.

He argued police were justified in shooting Andrew Brown: "The officers are very distraught over what happened. They feel for the family of Andrew Brown. But, as Mr. Womble described to you, we believe that the shooting was justified."

He argued that the video should not be released, but that if the judge deemed it necessary it should be released in one of the controlled scenarios Womble laid out.

Finally Tadych argued on behalf of various media members. He said the video is of high public interest and should be released as soon as possible. He explained dozens of similar cases in North Carolina where the video had been released, saying there was plenty of precedent for the judge to do so.

He also said the director of the SBI said release of the video would not hinder the investigation.

Brown's family has been able to watch an edited 20-second clip from one officer's perspective. The family is demanding to see more, unedited video.

A funeral will be held next week for Brown, with the Rev. Al Sharpton delivering the eulogy. Lawyers for Brown's family said that the funeral will be held Monday in Elizabeth City. Other details of the arrangements were still being settled.

The director of the State Bureau of Investigation issued a statement on Wednesday morning saying the agency is committed to finding out what happened.

"Our role is to pursue the truth and to ultimately share the results of our work with the prosecutor," the statement said, in part. "To that end, I want to assure that the full resources of the NC SBI are being utilized to pursue an independent, thorough, and impartial investigation into the matter of Mr. Brown's death."

Meanwhile, the FBI announced Tuesday that it had opened a federal civil rights investigation into the case.

Also on Tuesday, Gov. Roy Cooper called for a special prosecutor to be assigned to the case in order to reassure the public that the case is "conducted without bias."