The case has been dismissed against a Spotsylvania sheriff's deputy accused of recklessly shooting a Black man multiple times.
David Turbyfill faced a felony charge of reckless handling of a firearm in the April 2021 shooting that left Isiah Brown critically injured with 11 wounds.
A judge dismissed that charge Thursday, ruling that the prosecution didn't make its case against Turbyfill.
Prosecutors said Turbyfill shot Brown seven times outside Brown's home in Spotsylvania County. Brown, who was unarmed, spent weeks in the hospital.
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The incident began when Turbyfill, who is white, gave Brown a ride home after Brown’s car broke down at a gas station on Route 3, several miles from his home in the 12200 block of West Catharpin Road.
The deputy dropped him off and drove away.
Moments later, Brown called 911, reporting a dispute with his brother.
During the call, it sounds like Brown is asking his brother for a gun.
Brown then tells the 911 dispatcher, “I’m about to kill my brother."
“Don’t kill your brother,” the dispatcher replies.
“Alright,” Brown says.
“Why would you say something like that?” the dispatcher asks.
“Somebody needs to come here real quick,” Brown says.
Brown then tells the 911 operator he doesn’t have a gun on him.
Turbyfill responded to the 911 call and shot Brown as he stood in the road while talking with the 911 dispatcher, allegedly mistaking Brown's phone for a gun.
On body camera video, Turbyfill can be heard shouting orders at Brown.
“Show me your hands,” he shouts. “Show me your hands. Show me your hands, now. Show me your hands. Drop the gun. He’s got a gun to his head. Drop the gun now. Stop walking towards me. Stop walking towards me. Stop. Stop.”
The deputy fires and then begins CPR.
Brown was unarmed. He had a phone in his hand.
“It’s one of those unfortunate circumstances where the officer is given a call for service for domestic with a gun,” defense attorney Andy Meyer said. “He is concerned about that and then he confronts the subject of the domestic call who has an object that appears to be a gun. It was dark and the subject wouldn’t comply with lawful orders and kept walking and approaching the deputy until the deputy had no choice but to use force.”
Turbyfill’s defense team told News4 they don’t believe the criminal charges should have been sought in the case.
“There was never enough evidence to prosecute successfully this officer because his actions were within policy, within the law and reasonable under the circumstances,” said Mark Bong, one of two attorneys who defended the deputy.
They said testimony from the dispatcher that night was crucial. When Brown first called 911, he told the dispatcher he had a gun and he was threatening to kill his brother. Brown later assured her he did not have a gun. But the dispatcher said Turbyfill, rushing to the call with lights and siren on, never acknowledged receiving that update.
When Turbybill arrived, Brown was in the roadway holding something to his head.
Months after the shooting, a grand jury charged Turbyfill with felony reckless handling of a firearm. Officials said the charge against Turbyfill is usually a misdemeanor, but he was charged with a felony because of the significant injuries Brown suffered.
Turbyfill remains employed with the Spotsylvania Sheriff’s Office but is assigned to administrative, non-law enforcement duties.
Bong says Turbyfill has had strong support from the Spotsylvania Sheriff’s Office in the years since the shooting.
“I think Deputy Turbyfill is going to resume his role with the sheriff’s office, and that was always his intention in this case,” Bong said.
“I’m still trying to figure out where he felt the threat at, to feel the need to shoot,” Brown’s sister, Yolanda Brown, previously told News4.
"Isiah and his family are very disappointed that the felony criminal charge against Spotsylvania County Deputy David Turbyfill has been dismissed by the judge before it reached the jury," Brown's attorney, David Haynes, said in a statement.
"Even though Mr. Brown was unarmed, posed no danger to the deputy and was on the phone with 911 at the time, he was shot seven times and suffered significant injuries," the statement said. "His life has been changed forever."
Brown's civil lawsuit already had been resolved, Haynes said.
