The Virginia cop who shot an unarmed black man multiple times while he was on the phone with a 911 dispatcher was indicted on a felony charge of reckless handling of a firearm on Thursday.
Spotsylvania County Deputy David Matthew Turbyfill, 23, shot Isaiah Brown, 32, while he was walking down the street outside of his home around 3:18am on April 21.
Reckless handling of a firearm is usually a misdemeanor, but special prosecutor LaBravia Jenkins said it's a felony in this case because Brown suffered significant injuries.
The charge carries a maximum of five years in prison.
Three months after the shooting, Brown has six bullets still lodged in his body, the family lawyer David Haynes said.
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Isaiah Brown, 32, was heard on a 911 call, which was released Friday, saying he wanted to kill his brother. He went out for a walk outside his Virginia home, still on the phone with 911, when a deputy in the Spotsylvania County Sheriff's office responded and seemingly mistook the phone for a gun before shooting him multiple times
Spotsylvania County Sheriff's office released body camera footage and a recording of the 911 call late Saturday after public outrage over the shooting
Isiah Brown's family, including his brother and sister Tazmon and Yolanda, said Isaiah suffers from mental illness, and the officer had no reason to shoot him, Fox 5 Washington DC reported
Haynes said Brown was shot eight times and is currently recovering at home after spending more than a month in the hospital.
He said Brown and his family are 'pleased' that Turbyfill was indicted on a felony, but they still are calling for the officer's 'immediate termination.'
Turbyfill was placed on administrative leave after the shooting and is still on leave.
'The shooting resulted in significant injuries to Mr. Brown which will undoubtedly impact him for the rest of his life,' Haynes told DailyMail.com in an emailed statement. 'Mr. Brown did nothing wrong and was on the phone with a 911 dispatcher when Turbyfill recklessly shot him eight times.
'Isiah Brown's life was shattered and changed forever when he crossed paths with David Turbyfill. 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.'
Spotsylvania Sheriff’s Maj. Troy Skebo told The Free Lance Star that the Sheriff’s Office will have no further comments on the matter and referred all inquiries to Jenkins.
Turbyfill hasn't made a comment to the media since Thursday's indictment.
Less than an hour earlier that night, Turbyfill gave Brown a ride home after his car broke down near a gas station several miles away.
Brown's brother Tazmon said he spoke to Turbyfill, who told him Brown wasn't in any trouble and just needed a ride home. The deputy then left.
