Andrew Brown’s estate seeks $30M from 2 NC sheriffs, 7 deputies. Here are the details.
A $30 million lawsuit filed on behalf of Andrew Brown Jr.’s estate Wednesday contends two North Carolina sheriffs and seven deputies unlawfully used deadly force against an unarmed man who was fleeing officers because he was scared.
The lawsuit was filed against seven Pasquotank County deputies, Pasquotank Sheriff Tommy Wooten and Dare County Sheriff Doug Doughtie. The News & Observer left messages Wednesday morning for both sheriffs, who have not responded.
The lawsuit contends the defendants deprived Brown, a 42-year-old father of seven children, of his constitutional rights by using unlawful deadly force on an unarmed man who didn’t pose a threat. It accuses them of wrongful death and battery and assault.
“Brown died as a result of members of the PCSO’s and/or DCSO’s intentional and reckless disregard of his life and safety,” according to the the lawsuit , which was filed by Lillie Brown Clark, Brown’s aunt and the administrator of his estate.
The estate is represented by civil rights attorneys Harry Daniels, Ben Crump Jr. and Bakari Sellers, who have offices in Atlanta, Washington D.C., and Columbia, South Carolina, respectively.
Daniels told The N&O on Tuesday that the lawsuit will also seek the release of body-camera footage and other information about Brown’s death in Elizabeth City.
“We are going to get the full transparency leading up to the incident,” he said. “We are seeking all files, officer personnel files, everything we are entitled to get.”
At a Wednesday press conference in Elizabeth City, Daniels said federal subpoena power grants attorneys access to all footage and records, trumping state law. The lawsuit isn’t about justice, he said, but a “loud resounding gong” that murderers will be held accountable.
“Now is the time to put this thing in court under the microscope of the Constitution and the law,” said the Rev. William Barber II at the press conference, “and not just the opinion of one DA.”
Sellers introduced Brown’s new grandson, Carter, whom Brown will never meet. Standing at the entrance to Elizabeth City’s federal courthouse, he noted that the family will find justice that has so far been elusive. With the lawsuit in federal court, he added, the case is no longer in the hands of a judge who knows the deputies’ lawyers and the district attorney personally.
“The irony in this is they were going to serve Andrew Brown a warrant and we question the legality of that warrant,” Sellers said. “But now they need to stand up and stand by because now they’re being served.”
In Elizabeth City, Clark told reporters that she is thankful to the community for its daily marches and support, adding, “We pray that God will keep you safe.”
Brown killed April 21
On the morning of April 21, Brown was shot and killed in his car outside his home in Elizabeth City by Pasquotank deputies.
The deputies were trying to serve Brown with arrest warrants on two Dare County drug charges and search warrants on suspected drug charges in Pasquotank County, said Pasquotank District Attorney Andrew Womble, who has described Brown as a known drug dealer.
Womble outlined the sheriff’s office version of the case at a May 18 news conference in which he said the killing of Brown was justified and none of the deputies involved would face criminal charges.
“Mr. Brown’s death, while tragic, was justified because Mr. Brown’s action caused three deputies with the Pasquotank Sheriff’s Office to reasonably believe it was necessary to use deadly force to protect themselves and others,” Womble said.
At that news conference, Womble shared photos and video clips from the shooting, but a Pasquotank judge has denied releasing complete unedited body-camera footage to the media or the family at this time.
In North Carolina, body-worn or dashboard camera footage can only be released if a judge orders it.
Brown’s family members saw 20 minutes of redacted video footage May 11.
The lawsuit will unfold in federal courts, which are separate from North Carolina state courts.
A state court hearing on releasing the body-camera footage is scheduled for 10 a.m. Monday in Pasquotank County.
DA Womble’s version
A law enforcement team from Pasquotank and Dare counties was assembled to serve the warrants and arrest Brown, Womble said in May.
Dare County deputies were to provide surveillance, while six members of the Pasquotank County Sheriff’s Office special operations and tactics team were to serve the warrants, Womble said.
Brown was identified around 8 a.m. April 21 and watched as he drove his car to his home on Perry Street and parked. When Pasquotank deputies arrived, they pulled their vehicle in front of Brown’s to prevent him from going forward.
Brown, who was talking on the phone, threw down the device, reversed his car and turned his steering wheel toward law enforcement officers who had surrounded his vehicle, Womble said.
Brown’s car moved forward toward a deputy, who used his left hand to push off the hood and get out of the way of the car, Womble said.
“It was at this moment that the first shot was fired,” Womble said.
Several more shots followed as Brown’s car accelerated across a vacant lot and a street. It hit a tree near a home, where it stopped.
Autopsy results released in June showed Brown died of a gunshot wound to the back of his head, The N&O reported.
Lawsuit version of events
Brown’s attorney and others have described the killing, which sparked weeks of protests, differently.
“Andrew was murdered, make no mistake about it,” Daniels said.
The lawsuit states Brown was “gunned down” by deputies as he was unarmed and posed no threat.
The lawsuit also states the drug charges against Brown weren’t considered violent felonies in the state and the arrest warrants were invalid.
After deputies pointed rifles and shouted at Brown, he was ‘startled and afraid,” the lawsuit states.
In an attempt to escape he backed away.
“At no time were any members of the PCSO, DCSO or any others in any imminent threat of harm or injury from Brown or his vehicle,” the lawsuit states.
Still, the lawsuit states, deputies fired on Brown’s vehicle when he passed them. They continued when he was a considerable distance away.
“As a result of members of the PCSO’s and/or DCSO’s intentional and reckless disregard of the life and safety of Brown, Brown’s vehicle was riddled with bullets,” the lawsuit states.
This is a breaking news story that will be updated throughout the day.
This story was originally published July 14, 2021 at 8:48 AM with the headline "Andrew Brown’s estate seeks $30M from 2 NC sheriffs, 7 deputies. Here are the details.."
