The shot multiple times by a Virginia deputy who had just given him a ride home is on a breathing machine and in critical condition, an attorney for his family said Monday.
The man, Isaiah Brown, 32, was shot Wednesday by a Spotsylvania County sheriff's deputy who had given him a lift home after his car broke down. He was holding a cordless house phone outside his home when he was shot, Brown family attorney David Haynes said.
Haynes said Monday that Brown was shot at least 10 times. Two bullets have been removed from his body, and eight remain, surgeons have told the family. "He's on a breathing machine and remains in very critical condition," Haynes said, adding that Brown's condition is "touch and go."
Brown's mother, Jennifer Brown, said Monday, "My concern at this point is just for my son to hopefully come home alive."
Haynes asked Sheriff Roger Harris not to comment any further about Brown's condition, saying Harris had downplayed the extent of Brown's injuries.
Brown's family was "incredulous" that Harris told a crowd of Black Lives Matter protesters that the deputy who shot Brown, whom the sheriff's office has not identified, "actually saved this gentleman's life."
"I believe that the sheriff was reporting to the fact that he performed CPR, as of course he is required and trained to do. But it is incredible that he would make that statement that he saved his life by rendering CPR after he's the one that shot him 10 times," Haynes said.
Haynes, of the Cochran Firm in Washington, D.C., said the law firm will formally ask for the full audio of the call between the deputy and the dispatcher who was on the phone with Brown.
Body-camera video and at least part of the call between Brown and the dispatcher have been released. Haynes said he is asking for the call between the dispatcher and the deputy because Brown had told the dispatcher that he was not armed, meaning "this was clearly a failure of communication between the dispatch and the officers that arrived on scene."
"He made it totally clear that he did not have a weapon, that he did not have a gun, and he was calling for assistance from 911," Haynes said. "In fact, the same deputies had just given him a ride and assisted him for a broken-down vehicle just within the past 30 to 45 minutes, but before they knew exactly who he was, that he was not armed, not dangerous."
When Brown got home, he dialed 911 because, he said, his brother wouldn't let him into his mother's room to retrieve his car keys and other items, according to audio of the dispatch call. The sheriff's department categorized it as a domestic disturbance call.
In the audio, the dispatcher seems to be aware that deputies had just driven him home. "Your car is broken down, so why do you need your keys?" the dispatcher asks.
At one point, Brown can be heard threatening to kill his brother and saying, "Give me the gun."
"Don't kill your brother," the dispatcher says.
"All right," Brown replies.
"Why would you say something like that?" the dispatcher asks.
"Somebody needs to come here real quick," Brown says.
But when the dispatcher asks whether he has a weapon on him, Brown says, "Nope."
Brown tells the dispatcher that he is "walking down the road" with his house phone.
The deputy who responds to the call appears to believe that the phone at his ear is a firearm. The deputy is heard saying, "He's got a gun to his head."
"Drop the gun," he yells before opening fire. "Drop the gun, now!"
The deputy was placed on administrative leave, and a special state prosecutor will investigate, Harris said in a statement.
Yolanda Brown, Brown's sister, said Monday that her brother is a home health aide who is "the life of the party" and is "known for his smile."
"He has a good heart. He's a good person. And if anybody ever had the opportunity to meet him, they will tell you the same," she said.
"Anybody knows that if you call on Isaiah, he will be there. He will be there," she said.