Body camera footage of fatal shooting of Sylville Smith shown during Heaggan-Brown trial
(Warning: Video shown may be graphic to some.)
For the first time, body camera footage of the fatal shooting of Sylville Smith was shown in court Wednesday.
This was day 3 of the homicide trial against former Milwaukee Police Officer Dominique Heaggan-Brown.
While that video was being aired, several members of Sylville Smith's family sobbed and left the court-room, leaving Defense Attorney Steven Kohn to request a mistrial.
BREAKING: Defense is asking for a mistrial after body camera footage had to be stopped due to crying, talking, etc. in the gallery.— Evan Kruegel (@EvanKruegel) June 14, 2017
"My attention was drawn away from the evidence that was being presented. and instead was directed to the audience, where I heard sobbing, crying, some type of voices, and unfortunately, it was continuous," said Kohn. "I do think it is important for the defense to make this record that something dramatic happened here, that caused the jury to be removed from the court-room. So at this time I'm going to make a record asking for a mistrial.
After a lengthy deliberation, Judge Jeffrey Conen declined that request, but did ask audience members to refrain from reacting openly to the video.
The footage shown Wednesday is from the body camera of Officer Ndiva Malafa, who was patrolling with Heaggan-Brown at the time of the shooting.
It shows them chasing Sylville Smith into a walkway off 44th and Auer where the shooting takes place.
The officers then wait a few moments, telling Smith to "hang on", before beginning medical treatment.
His body is then dragged onto the sidewalk as more officers arrive on the scene.
Prosecutors spent much of the afternoon going through that video frame by frame as Officer Malafa described what he was seeing.
Heaggan-Brown was also wearing a camera during the shooting. That video has not yet been shown.
Officer Malafa was the fourth witness called to the stand today.
Here he is describing what happened in the moments after the shooting.
"In your observations did you see Heaggan-Brown pat down Mr. Smith after the second shot?"
"To my best recollection, no."
"At any point was Smith handcuffed by either you or Officer Heaggan-Brown?"