Body cam footage of Andrew Brown shooting will not immediately be released to the public, judge rules

A Pasquotank County judge decided today not to release the body cam videos of Andrew Brown’s shooting by deputies, but left the door open for the footage to be disclosed after the state’s investigation into the fatal incident.

Superior Court Judge Jeff Foster did, however, rule that Andrew Brown’s family and one North Carolina attorney could view four body cam videos within the next 10 days.

Brown, 42, was shot and killed April 21 by Pasquotank County sheriff’s deputies in Elizabeth City. Brown was trying to leave his home in a vehicle when deputies shot him five times, including once in the back of the head, according to Brown’s family’s attorneys.

The N.C. State Bureau of Investigation is leading the probe into Brown’s death. The FBI also has launched a federal civil rights investigation into the shooting.

Hundreds have protested daily since the shooting, many pushing for the footage to be released. Pasquotank County Sheriff Tommy Wooten had petitioned for its release, which is what prompted today’s hearing, but District Attorney Andrew Womble opposed the move.

Judge Foster said doing so now could affect a future trial or jeopardize the safety of the deputies. He also ruled against a request from more than a dozen media outlets for an immediate public release of the footage, saying they did not have the standing to request it.

In the hearing, Womble provided a description of the shooting that stood in sharp contrast to how Brown’s family and attorneys had previously described the events.

He said the video footage showed Brown making physical contact with deputies with his car while backing up and driving forward, before being shot.

One of Brown’s family attorneys, Chantel Cherry-Lassiter, after viewing a 20-second clip of body camera footage Monday, said Brown never posed a threat to deputies and was shot with his hands on the steering wheel.

After today’s hearing, she stood by her previous description, saying that she did not see Brown’s vehicle make contact with any deputies.

She also said she felt “disrespected” by Womble’s courtroom comments — he had asked the judge to admonish her for public remarks she’s made about the case.

Another attorney for the family, Harry Daniels, called Womble’s behavior “beyond reprehensible.” He said any disputes over what the footage shows demonstrate why they should be publicly released.

“Show us the video. Show us the tape,” he said. “If that’s your position, show the tape.”

Womble said that, just before deputies shot Brown, one grabbed the car’s door handle, and Brown reversed the car and “made contact” with deputies as he backed up. Then Brown briefly stopped and moved forward, making contact with deputies in front of his vehicle before he was shot.

The sheriff’s department has not reported that any deputies were injured in the incident. A drug task force had been investigating Brown for more than a year, and allegedly had a confidential informant buy drugs from Brown at his home and at various motels, court records show. Deputies were trying to execute a search warrant on Brown’s home when the shooting happened.

An attorney for the deputies involved, H.P. Williams, contended the video should not be released, saying his clients could not get a fair trial. They are “distraught” about what happened, he said, but added: “We believe the shooting was justified.”

Womble said if he decides to bring charges forward, the footage would be made public at a trial. If he elects not to bring charges, he would release it during a press conference when announcing his findings.

Gov. Roy Cooper on Wednesday called for a special prosecutor to handle all matters related to the shooting, saying it would help assure both the community and Brown’s family that the ultimate decision on bringing charges is handled without bias. But Womble would have to make the request for that to happen.

Michael Tadych, an attorney representing the coalition of newsrooms pushing for the footage’s release, said the content was absolutely in the public interest. He argued that the differing accounts of the incident only add to that — as the public release could help clear the air.

Womble said the release could hinder a fair trial — as potential jurors viewing it would make judgments.

“You cannot swing a skunk in front of a group of people and ask them not to smell it,” he said.

The judge, who said he spent hours reviewing the footage Tuesday night, ultimately sided with Womble. Judge Foster said the deputies’ faces and any other identifying information will be redacted before the family and one attorney can view the footage. He could consider the footage’s release after 30 to 45 days.

Both Pasquotank County and Elizabeth City declared a state of emergency earlier this week in anticipation of the footage being released and imposed a curfew starting Tuesday, running from 8 p.m. to 6 a.m. nightly.

This story is developing. Check back to PilotOnline.com for more information.