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Where is Andrew Brown shooting bodycam footage? 3 deputies resign, 7 on leave as NC governor asks for clip

Pasquotank Sheriff Tommy Wooten says footage cannot be released without judge's consent

ELIZABETH CITY, NORTH CAROLINA: More than two days after the fatal shooting of Andrew Brown, Pasquotank County Sheriff has refused to release boydcam footage of the incident. Sheriff Tommy Wooten says that footage cannot be released without a judge's consent in North Carolina, but did not confirm if the department has made a reqeust to the court.

The fatal shooting of Brown on Wednesday, April 21 has stirred up massive protests in Elizabeth City, with public pressure mouning on the City Council and police department to act. The investigation is currently being handled by the North Carolina State Bureau of Investigation (SBI). 

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As a result of the shooting, Wooten announced that seven deputies have been placed on administrative leave, while another three have chosen to resign. Their names were not made public, nor was their role in the incident. Right now, details are sketchy as the shooting is being investigated.  

What happened?

Around 8:30 am on April 21, the Pasquotank County Sheriff's Office was conducting a drug raid and attempted to serve Brown with an arrest warrant. Brown then reportedly ran away, and police resorted to using their guns. He was shot in the back while trying to drive away from his home in Elizabeth City. The car skidded out of Brown’s yard and eventually hit a tree, according to eyewitnesses. He was killed on the scene, with gunshot wounds to his back.

It is unclear how many officers discharged their guns in the incident, and how many times Brown was shot. Within hours, dozens of people gathered in front of Brown's house in support. Associated Press reported "a large crowd later stood outside City Hall while the City Council held an emergency meeting. As the evening wore on, a group gathered in the parking lot of the sheriff’s office and a crowd that grew to more than 200 blocked traffic on a main thoroughfare of the city, forcing cars to turn around."

Where is bodycam footage?

Protests are still going on, more than two days later as police are yet to release the bodycam footage. On April 23, the Elizabeth City Council unanimously approved the motion to send a request to the Pasquotank County Sheriff’s Office, District Attorney Andrew Womble and the SBI for the public release of the body camera footage. Womble and County Attorney Michael Cox released a statement saying, "We know people want to see the body camera footage. However, under North Carolina law, police body worn camera footage is not a public record and cannot be released to the press or public without a court order...We must follow the law and the law prohibits us from publicly releasing the body worn camera footage. The law does allow a private viewing by the family of Mr. Brown. We are working with their attorney to arrange that."

On April 23, Wooten and Chief Deputy Daniel Fogg released a pre-recorded statement. The two confirmed that all those involved in the shooting have been placed on leave. Reportedly, the three deputies that resigned were not involved in the incident. One of those who resigned has reportedly retired, according to 13 News Now reporter Evan Watson. They also confirmed that Brown was a convicted drug felon with a history of resisting arrest. They also said that several of the deputies have been receiving death threats. 

It is unclear as of now if the SBI, DA or Sheriff's Office has petitioned the court to release the footage. There is now additional pressure from North Carolina's Governor Roy Cooper. In a tweet, Cooper said, "Initial reports of the shooting in Elizabeth City and death of Andrew Brown, Jr. this week are tragic and extremely concerning. The body camera footage should be made public as quickly as possible and the SBI should investigate thoroughly to ensure accountability."