A driver wanted for fleeing from law enforcement backed his car up in a DeLand parking lot as a Volusia Sheriff’s deputy ran up with his gun drawn, shouting commands. The car moved forward and the deputy fired a fatal shot, according to a video shown by the Volusia Sheriff’s Office on May 11.
Sheriff Mike Chitwood identified the driver as Brandon Joseph Brabin, 29.
The shooting happened about 4:30 a.m. May 9 in the Walmart Neighborhood Market parking lot, 955 S. Woodland Ave.
Chitwood said DeLand Police had tried to stop the car several times earlier in the night on May 8, but Brabin fled. Chitwood also played a 911 call during the press conference in which another driver reported the reckless driver.
Chitwood said Brabin fled from law enforcement several times during the night.
DeLand Police first encountered Brabin when he was driving down Artisan Alley at 9:10 p.m. May 8 without headlights. When a police officer ordered him to stop, he backed out of the alley and drove off, according to body camera video and Chitwood.
He said for the next 6 1/2 hours there were reports of the driver not stopping for police, running red lights and driving in the wrong direction.
DeLand Police decided not to pursue him, Chitwood said, adding that Brabin created a hazard to the community.
Law enforcement eventually spotted Brabin again and entered the Walmart Neighborhood Market on South Woodland Avenue.
Chitwood: Deputy fires as car ‘lunges’ forward
Chitwood played a deputy’s body camera video which showed the deputy arriving at the Walmart parking lot, exiting his vehicle and drawing his gun as he approached the car while shouting orders at Brabin.
The car backed up as the deputy walked closer. The deputy was near the front right corner of the car as the vehicle moved forward.
“The car lunges toward the officer and the officer fires, I’m sorry, the deputy fires, one shot,” Chitwood said.
The car turned away from the deputy and drove off to the back of the Walmart, where it crashed.
Chitwood said the shot struck Brabin in the “upper torso.”
Brabin had a criminal record in Tennessee and in Lake County, Florida, Chitwood said. He said Brabin violated his probation a few days earlier and a warrant was out for his arrest.
He said Brabin’s criminal record included motor vehicle theft, simple assault, drugs and probation violation.
Deputies found a bunch of bottles of Fireball liquor inside the car Brabin was driving. He said they would know more once Brabin’s toxicology tests results are returned.
Chitwood also said the car did not belong to Brabin and deputies were looking into his connection to the car’s owner.
Chitwood: FDLE will investigate deputy-involved shooting
The Florida Department of Law Enforcement is investigating the shooting as is standard practice when a deputy shoots someone. After the FDLE completes its investigation, the report will be forwarded to the State Attorney’s Office, which will decide whether criminal charges are warranted.
Chitwood said the deputy was placed on non-law enforcement duty, which is routine after an officer-involved shooting.
“I can’t imagine, I could be wrong, I can’t imagine under the law that deadly force, that he could not have used deadly force, under the law,” Chitwood said.
The sheriff’s office did not respond to a News-Journal request for the deputy’s name.
Chitwood said he was responsible for looking at the other side of the issue, referring apparently to the agency’s policies and procedures. He said the deputy graduated about two years ago from the Volusia Sheriff’s Office training academy.
Chitwood said after the FDLE and State Attorney complete their roles in the case, his agency would begin its own investigation to see if any policies or procedures were violated.
Chitwood says he will determine if procedures were followed
Chitwood said in cases of fleeing vehicles, deputies are taught to use a “pit” maneuver, which refers to intentionally using their vehicle to strike and stop the fleeing vehicle.
Chitwood said another maneuver, called the “vehicle containment tactic,” is when deputies use their vehicles to box in a suspect vehicle.
“That would have been a perfect maneuver in there,” Chitwood said.
He added he did not know why it was not attempted in the Walmart lot.
Chitwood said that he would refrain from giving his thoughts on the incident to be fair to the deputy, but added they do a lot of training.
Volusia sheriff says driver’s actions led to outcome
Chitwood said Brabin could have easily killed someone due to his driving earlier in the night. He was running red lights without his headlights on. He said Brabin almost hit a pedestrian and almost hit a car as he backed out of Artisan Alley despite a DeLand Police officer telling him to stop.
“A vehicle can kill you just as quick as a gun can,” Chitwood said.
“It’s his actions that led to this. It’s his actions,” Chitwood said. “If he stops when a DeLand Police officer in Artisan Alley says stop, we are not even having this discussion.”
This article originally appeared on The Daytona Beach News-Journal: Volusia Sheriff believes deputy’s use of deadly force was lawful
Reporting by Frank Fernandez, Daytona Beach News-Journal / The Daytona Beach News-Journal
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