June 20, 2021

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NC Prosecutor Finds Deputies’ Shooting Of Andrew Brown ‘Justified’ – NPR

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District Attorney Andrew Womble announces the results Tuesday of a North Carolina State Bureau of Investigation inquiry into the fatal shooting of Andrew Brown Jr. Womble said Brown’s shooting by three deputies was “tragic” but “justified.” Sarah McCammon/NPR hide caption

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Sarah McCammon/NPR

District Attorney Andrew Womble announces the results Tuesday of a North Carolina State Bureau of Investigation inquiry into the fatal shooting of Andrew Brown Jr. Womble said Brown’s shooting by three deputies was “tragic” but “justified.”

Sarah McCammon/NPR

District Attorney Andrew Womble has declined to file charges against Pasquotank County, N.C., sheriff’s deputies for the fatal shooting of Andrew Brown Jr. in Elizabeth City last month. His decision followed an investigation by the North Carolina State Bureau of Investigation which presented its findings to the prosecutor.

At a press conference Tuesday morning, Womble said Brown’s shooting by three deputies was “tragic” but “justified,” because law enforcement officers “reasonably believed” they were in danger.

Brown, 42, was shot and killed in his car by deputies as they arrived to carry out warrants in drug-related charges in Elizabeth City on April 21. He was killed a day after a jury found former Minneapolis police officer Derek Chauvin guilty of murder in George Floyd’s killing.

Brown’s family has called his death an “execution.”

Womble described Brown’s drug-related charges that led to the warrants for his arrest and showed still images from deputies’ body cameras as he detailed what he said happened that day. Protesters could be heard chanting outside while Womble spoke.

The district attorney then showed on a large screen four body camera videos of the shooting, which unfolded within seconds. Officers are seen arriving at Brown’s residence in the bed of a law enforcement vehicle, holding rifles or handguns. Brown is in his car outside his house, and deputies immediately pull their weapons and train them on Brown.

Brown puts his car in reverse and backs up, and deputies move on foot to surround it. Boxed in, Brown turns the wheel and puts the car in drive. He then drives forward in the direction of a deputy. The officers quickly open fire and strike Brown’s vehicle with multiple shots.

Womble says his showing of the videos was “display” and not “release” of the footage, and that release of body camera footage will be done through the courts. Judge Jeffrey Foster blocked release of the body footage, except to Brown’s family, until the state completed its investigation.

However, a reporter who was at the press conference recorded the video as it played and shared one of them on Twitter.

Womble said law enforcement fired the first shot into the front windshield and then several others into the back of the vehicle as it drove away and toward other responding law enforcement officers. Fourteen shell casings were found at the scene.

A medical examiner found that Brown died from a bullet to the head. Brown was also shot in the arm and had other abrasions on his body that appeared to be caused by shrapnel.

The video is likely to invite criticism about law enforcement methods and use of force.

Asked if officers might not have simply let Brown go and arrested him at another time, rather than shooting him, Womble said that “they simply couldn’t let him go.”

“Law enforcement officers are duty bound,” he said, and delivering the warrant “was their job on that particular day.”

“Mr. Brown’s response to that was to flee,” Womble said.

Brown’s sons — Jha’rod Ferebee (left) and Khalil Ferebee — speak at his funeral this month in Elizabeth City, N.C. Pasquotank County deputies shot Brown to death on April 21. Joe Raedle/Getty Images hide caption

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Joe Raedle/Getty Images

Brown’s sons — Jha’rod Ferebee (left) and Khalil Ferebee — speak at his funeral this month in Elizabeth City, N.C. Pasquotank County deputies shot Brown to death on April 21.

Joe Raedle/Getty Images

The district attorney said he believes Brown’s aim was to flee, not to injure the officers – but that if he was going to attempt to flee, he had no choice but to drive at the officers. Womble said he believes Brown fled because he did not want officers to find drugs he had in his possession, though he acknowledged he was speculating as to Brown’s intentions.

Asked by a reporter whether deputies might have violated the sheriff’s office’s use-of-force policy on shooting into vehicles, Womble said that was a matter for the sheriff’s office, and not part of his criminal negligence inquiry.

Members of Brown’s family viewed about 20 minutes of body camera and dashcam footage last week. They said that the videos show deputies standing on a sidewalk firing multiple times at Brown and that deputies “ambushed” him as he sat in his car. They said Brown never posed a threat to the deputies, and there were no weapons found in the vehicle.

Brown’s family members have pushed for Womble to be removed from the case, arguing he is too close to the county sheriff’s office.
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