A sheriff’s deputy in Spotsylvania County, Virginia was indicted on a felony charge Thursday in connection with the April shooting of county resident Isiah Brown.
David Turbyfill was charged by a special grand jury with felony reckless handling of a firearm, special prosecutor LaBravia Jenkins said. Reckless handling of a firearm is usually a misdemeanor, but Jenkins said it is a felony in this case largely because of the significant injuries suffered by the 32-year-old Brown.
If convicted, Turbyfill could receive up to five years in prison.
The shooting took place early April 21 near Brown’s home. Turbyfill had given Brown a ride home earlier that night after Brown’s car broke down and returned to the area after Brown made a 911 call.
The portion of the 911 call released by police shortly after the incident indicated that Turbyfill thought that Brown had a gun when he was actually on a portable phone, talking with a dispatcher.
Turbyfill could be heard screaming at Brown to drop the gun and stop walking toward him, before the deputy fired multiple shots. Brown’s attorney has said Brown was shot 10 times and that eight bullets were found in his body.
During the 911 call, Brown expressed concern about getting his car and at one point made a comment about killing his brother. He initially told the dispatcher that he had a gun, but then said at least twice that he didn’t.
Virginia State Police, the department that handled the investigation, confirmed early on that Brown had no gun.
Brown was critically injured and was in the hospital until May 25. He is continuing his recovery at home.
Per standard policy, Turbyfill has been placed on administrative duties since the shooting.