Trial of ex-deputy in teen’s death moved to Cabot center
The trial of a former Lonoke County deputy accused of recklessly killing teen Hunter Brittain has been moved to the Cabot Readiness Center, according to an email filed with the court.
Michael Davis was charged with felony manslaughter Sept. 17 following an Arkansas State Police investigation. He faces up to 10 years in prison, if convicted, for the June 23 shooting of Brittain, 17, during an early morning traffic stop.
Davis was released Sept. 20 on a $15,000 bond set by 23rd Circuit Judge Ashley Parker and entered a plea of innocent during a Nov. 15 hearing.
Lonoke County Circuit Court trial court administrator Deseria Blair notified attorneys in the case of the location change via email Feb. 1, according to documents filed with the court.
Blair said Thursday it is common for jury trials to be moved to the center because of the small size of the Lonoke County courtroom. She said reasons could include a large number of witnesses or attendees.
The pretrial has been set for March 14 with the trial scheduled March 15-18.
Discussions about moving the trial to another location began during a Jan. 21 status hearing. Attorneys for both parties agreed that chanting outside the courtroom during a previous hearing was a disruption to the case.
Other recent filings include a motion for protection of jury information and a motion to preclude improper clothing, both filed by Davis’ attorney Robert Newcomb.
“There has been a tremendous amount of public interest in the case including but not limited to demonstrations outside the Courthouse, threats to the Sheriff’s family and himself, National attention and mass demonstrations in the community,” a motion filed
Jan. 27 states. “The defendant reasonably believes that if the identity of the Jurors selected in this case or protentional selected in this case that individuals may harass the Jurors or make improper contact with them.”
The shooting has made national headlines and gained the attention of civil rights activists, including Rev. Al Sharpton, who spoke at Brittain’s funeral. Brittain’s family also has retained attorneys Ben Crump and Devon Jacobs, who have been involved in other high-profile cases that include George Floyd, Breonna Tyler, Trayvon Martin and Ahmaud Abrey.
The motion asks that jurors be referred to by numbers during proceedings.
Jeff Phillips, special prosecutor in the case, answered with no objections to the motion Wednesday.
“The state admits that this case has received more than the typical amount of press coverage,” Phillips wrote. “The state agrees that it is possible jurors or potential jurors could be contacted by supporters of either side or the press.”
Judge Elmore Barbara of the 23rd Circuit Division previously said she wouldn’t allow disruptive clothing in the courtroom when requested by Newcomb during the Jan. 21 status hearing. Newcomb filled an official motion Jan. 27.
“At the initial Plea and Arraignment of this case, a number of individuals were in the Court Room wearing t-shirts referenced to the Deceased and demanding Justice for him,” the motion says. “The defendant is entitled to Justice of a fair and impartial trail with a jury that is not coerced.”
The motion asks for the ban of any clothing that could suggest the results that a jury should reach.
Phillips also answered the motion Wednesday with no objections.
An affidavit states that Davis fired one shot that struck Brittain in the neck during a 3 a.m. traffic stop at 7180 Arkansas 89 South, south of Cabot. The teen was shot after exiting his truck and moving to the rear of the vehicle as it rolled backward toward the front of Davis’ patrol car.
Davis told investigators he didn’t see Brittain’s hands before the shooting but gave verbal commands for Brittain to get back in the vehicle and show his hands, the affidavit states. Davis saw a container fly from Brittain’s hands and land on the ground as the bullet struck the teen, according to the affidavit.
A witness told investigators that Brittain was test-driving the vehicle, which was smoking, when he was pulled over by Davis. The witness also told investigators he didn’t hear any verbal commands from Davis, according to the affidavit.
Attorneys for Brittain’s family have said the teen was grabbing a blue plastic bottle of antifreeze to place behind the wheel because the vehicle wouldn’t shift into park.