A Virginia sheriff’s deputy has been indicted on felony charges in a shooting that left an unarmed Black man with at least eight bullet wounds after the officer allegedly mistook a cordless phone for a gun.
A grand jury charged Spotsylvania County Sheriff’s deputy David Matthew Turbyfill last Thursday in the non-fatal shooting of 32-year-old Isiah Brown, a motorist whom he had given a ride home after his car stalled in the middle of the night on April 21.
The one-count indictment accuses the officer of “reckless handling of a firearm resulting in serious injury” and alleges Turbyfill “did unlawfully and feloniously handle (his) firearm in a manner so gross, wanton and culpable as to show a reckless disregard for human life.”
If convicted, he faces a maximum sentence of five years in prison.
Brown survived but was hospitalized in intensive care for a month with wounds to his face, neck, chest and pelvic area, reports said. Six bullets remain lodged in his body, including one in a leg bone and another in his pelvis, according to Brown’s attorney David Haynes.
“The shooting resulted in significant injuries to Mr. Brown which will undoubtedly impact him for the rest of his life,” Haynes said in a statement.
On the night of the shooting, Turbyfill gave Brown a ride home about 2:30 a.m. after the health care aide’s vehicle broke down at a Wawa gas station on Route 3, reports said.
He dropped Brown off at home in the 12200 block of West Catharpin Road and left without incident but moments later received an emergency call at the residence for help and circled back.
During that time, Brown had called 911 to report a domestic dispute between himself and his brother, Tazmon Brown.
A source at the department said Isiah Brown complained during the 911 call about his brother, but Tazmon Brown said his brother began worrying about his car being towed and simply wanted a ride back to the gas station.
When the deputy returned to the home about 3 a.m. with lights flashing, Isiah Brown came outside to meet him near the roadway. Within seconds, multiple shots rang out, and Isiah Brown was critically wounded all over his body.
Stunned family members called the shooting inexplicable.
“The officer just started shooting at him for no reason,” Tazmon Brown said at the time. “I didn’t hear a warning shot. All I heard was ‘Hands up!’ one time. And all he had was his phone, so I know he put his hands up.”
After the gunfire, the deputy began administering CPR to the victim.
Isiah Brown later underwent emergency surgery that saved his life.
After the incident, the Spotsylvania County Sheriff’s Office released a 911 audio recording of the incident along with the officer’s body cam footage.
According to audio of the 911 call, Brown told a dispatcher “My brother won’t let me get inside my mom’s room” before the siblings could be overheard arguing with Isiah Brown saying, “Give me the gun.”
The argument continues before Isiah Brown tells the dispatcher, “Can you send somebody down here? ... I’m about to kill my brother.”
When the dispatcher asks Isiah Brown if he has a gun, he first answered yes, but then says “nope.”
Moments later, Brown went outside and began walking down the driveway to meet the approaching officer while still on a cordless phone with the 911 dispatcher, saying again that he did not have any weapons in his possession.
Soon, a siren could be heard in the background and the dispatcher tells Brown to raise his hands. An officer can then be heard shouting “Show me your hands, drop the gun!”
The voice of the officer can be heard saying “He’s got a gun to his head,” according to reports.
“Drop the gun now!” the officer screams. “Stop walking towards me! Stop walking towards me! Stop! Stop!” as shots rang out.
Later, the officer can be heard saying, “I killed a guy.”
Deputy Turbyfill has remained on administrative leave since the shooting pending a review by the Virginia State Police Bureau of Criminal Investigations.
Haynes said the Brown family was pleased with the indictment but called for Turbyfill’s immediate termination from the department, adding that additional body-camera footage, 911 recordings and surveillance video from the scene have yet to be released.
“There’s a lot to the story we still don’t know,” Haynes said. “Isiah Brown’s life was shattered and changed forever when he crossed paths with David Turbyfill. While this indictment doesn’t take Mr. Brown’s physical pain away it does signify a measure of justice.”
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