The police officer who shot Isiah Brown, an unarmed, gay Black man, this April was reportedly indicted last week.
Deputy David Turbyfill of the Spotsylvania County Police Department in Virginia was charged by a special grand jury last Thursday on a felony charge of “reckless handling of a firearm resulting in serious injury,” as reported by the Free Lance-Star. Although the crime is usually a misdemeanor, special prosecutor LaBravia Jenkins told the publication that the “significant injuries” Brown incurred elevated the crime to a potential felony conviction.
A trial date has not been set, and it is not yet clear when Turbyfill will face charges. If convicted, he could face up to 5 years in prison and a $2,500 fine.
As previously reported by them., Turbyfill shot Brown earlier this year after giving the 32-year-old a ride home when his car broke down. Later in the same evening, Turbyfill returned to Brown’s home after he placed a 911 call following a family dispute. Brown reportedly told the dispatcher, “I’m about to kill my brother.”
Although Brown clarified to the emergency operator on multiple occasions that he was unarmed, Turbyfill shot Brown 10 times after entering his home. Eight bullets were found in the victim’s body, according to reports.
Turbyfill mistook the phone in Brown’s hand for a gun, per audio of the 911 call released by the police department.
Although Brown was initially admitted to the ICU in critical condition, subsequent reports claim that he was discharged on May 25 and is continuing his recovery at home. Brown’s attorney, David Haynes, has clarified that his client was experiencing obvious mental distress when he called 911.
“Isaiah was a bit depressed,” Haynes told the local CBS affiliate WTVR. “The family had lost a grandmother figure. He was having a difficult situation, a bit of mental stress and he just needed some assistance.”
In a separate statement posted to Facebook, Haynes said Brown’s family was “pleased” with Thursday’s indictment.
“Isiah Brown’s life was shattered and changed forever when he crossed paths with David Turbyfill,” said a statement Haynes shared on behalf of the family. “While this indictment doesn’t take Mr. Brown’s physical pain away, it does signify a measure of justice. We look forward to the successful prosecution of David Turbyfill.”
However, Brown’s sister Yolanda Brown expressed dissatisfaction with the legal proceedings, claiming that Turbyfill deserves a greater sentence.
“Looks like we are going to have to take this to [the] Supreme Court,” Brown said in a Facebook post. “They got the Brown family mistaken if they think we are going to accept 5 years!”
The family is also demanding Turbyfill’s immediate termination, as the officer remains on the force but has been placed on administrative duties. They are also calling for the release of all audio communication between Turbyfill and the dispatch team and video from the scene, as well as the deputy’s employment records and personnel file.
The Spotsylvania County Police Department has declined to offer comment on the indictment, according to the Free Lance-Star.
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