Marlon Brown Case: Family of Fla. man run down by cop cruiser wants officer indicted for his death
(CBS) - The family of a Florida man who was killed after being run over by a police cruiser in May wants charges filed against the officer behind the wheel.
A dash-cam video of the incident released by the family shows Marlon Brown, 38, running from police and then being struck from behind by a car driven by rookie officer James Harris.
Sgt. Chris Estes of the DeLand Police Department told CBS News' Crimesider that according to a 2,000 page investigation of the incident by the Florida State Police and State Attorney's Office, Brown was pulled over by Volusa County Sheriff's deputies for an alleged seatbelt violation on May 8. Sgt. Estes said Brown fled the scene on foot and nearby DeLand police officers gave chase.
According to a statement issued by DeLand Police Chief William Ridgway, Harris was fired on the same day Ridgway viewed video of the incident after the chief determined that the "actions taken by Officer Harris that night are not consistent with our department's training, directives, or accepted practices or techniques."
"This incident is a tragedy and I have personally spoken with the Brown's family and extended my deepest sympathies," wrote Ridgway.
A grand jury declined to indict the former officer, but the family questions the medical examiner's report presented in the case and is asking for an independent investigation.
"At best the report is inaccurate, at worst it's a blatant lie," says Brown family attorney Benjamin Crump, who also represented Trayvon Martin's family.
The medical examiner determined that Brown died of "mechanical asphyxia" - essentially, lack of oxygen - and that the death was an "accident" caused by Brown being trapped under a moving vehicle.
According to Crump, the funeral director who prepared Brown's body tells a different story about his injuries, but a spokesman for Volusia County says medical examiner's office "absolutely" stands behind the autopsy.
Crump says the Brown family will keep fighting to see the officer indicted on charges of vehicular homicide, which under Florida law is defined as "the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another."
"I think what's on that video is very clear - that police officer was completely reckless," says Crump.
Fla. attorney Jeffrey Meldon told Crimesider that although "most of the time" in a vehicular homicide case the prosecutor would have indicted Harris directly, he suspects State's Attorney R.J. Larizza gave this case to the grand jury because the potential defendant was a police officer, thus making the case "politically sensitive."
"At this point I think it's probably unlikely, no matter how much publicity there is, that this prosecutor will go forward with charges," says Meldon, a criminal defense and personal injury attorney. "He has cover now because the grand jury didn't indict."
Crump says that the Brown family received a $500,000 civil settlement from the City of DeLand, although the city did not admit wrongdoing.
