A grand jury in Spotsylvania County, Virginia, has indicted a deputy for the shooting of Isiah Brown in late April.
Deputy David Matthew Turbyfill was indicted Thursday for “reckless handling of firearm resulting in serious injury,” according to the indictment provided by Brown’s attorney. He faces up to five years in prison.
David Haynes of The Cochran Firm, who is representing Brown, said in a statement that the indictment signals a “measure of justice.”
“Isiah Brown's life was shattered and changed forever when he crossed paths with David Turbyfill,” Haynes said.
“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,” he said.
Turbyfill had given Brown a ride home the night of April 21 after his car broke down.
Later in the evening, Brown called 911 over a dispute over car keys, during which he threatened to kill his brother.
When Turbyfill arrived, he demanded to see Brown’s hands and demanded he drop a gun. However, Brown had told the dispatcher on the phone that he did not have a gun.
Video of the incident shows the offer screaming “stop” before firing several shots. Brown’s family says Turbyfill mistook the cordless phone in Brown’s hand for a gun.
Brown was hospitalized in critical condition after the shooting, but was discharged in late May.
Turbyfill has been on leave from the force pending an investigation. Haynes said Turbyfill should be fired.
“We are calling for the immediate termination of Deputy David Turbyfill. We are also asking for the release of all audio communication between the deputy and dispatch, all video from the scene as well as Turbyfill's employment records and personnel file,” Haynes said.