Willis testified that Heaggan-Brown acted in "accordance with his training", CNN affiliate WTMJ-TV reported. It was not the officer but rather a man who helps review police protocol. "It was unconscionable for defendant Heaggan-[Brown] to kill Sylville Smith by shooting him at point-blank range, standing above him, while Smith had already been shot and was completely unarmed", according to the complaint. It was later determined that Heaggan-Brown's first shot struck Smith in his right bicep area with the bullet passing through Smith's bicep and lodging in a window casement to the east of the shooting.
Chisholm has said that Heaggan-Brown was justified when he fired the first shot, but argues the second shot was unnecessary.
The ruling follows Friday's acquittal of a police officer in the state of Minnesota over the shooting death of a black man, triggering local protests and fueling debate over the use of force by law enforcement against minorities.
Heaggan-Brown fatally shot Smith after Smith ran away from the traffic stop with a gun.
The Sylville Smith shooting represents just one of many unnecessarily violent encounters in an endless drug war. Nine women and three men sat on the jury, and four of them were African Americans. The defense insisted Heaggan-Brown feared for his life and had to make a snap decision. Prosecutors argued Smith was defenseless.
Jonathan Smith, Heaggan-Brown's lawyer, said, "A gunfight doesn't end until the threat is stopped"-although, of course, the threat had stopped when Smith had thrown his gun away and fell to the ground injured". Heaggan-Brown and two officers were making their way back to their district station when they made a decision to initiate one last traffic stop.
"This isn't over at all by any means", David Owens, the Smith family attorney said.
Smith and an old friend were parked on Milwaukee's north side on August 13 when three officers, including Heaggan-Brown, boxed in Smith's auto with their Milwaukee Police Department SUVs. Smith was carrying a gun when Heaggan-Brown opened fire. Yesterday (June 21), a jury acquitted the officer-who was sacked following an internal investigation into his alleged off-duty sexual assault-of first-degree reckless homicide.
Smith's family members reacted angrily to the verdict, swearing and storming from the courtroom. The time between the two shots was 1.69 seconds.
In Cincinnati, a jury began deliberations Monday in the retrial of former University of Cincinnati police Officer Ray Tensing in the fatal shooting of a motorist during a July 2015 traffic stop.
Dominique Heaggan-Brown, who is also black, shot 23-year-old Sylville Smith after a brief chase that was captured on a police body camera.
Smith's shooting was among a string of killings of blacks by police in recent years that have increased debate about race and policing. Jurors began deliberating in that second trial on Monday. The resulting first-degree reckless homicide case revolved around the question of whether the officer was acting in self defense.
In Milwaukee, Smith's death brought to the surface long-simmering tensions between black residents and police, and demonstrators assembled near the site of the shooting in Sherman Park hours after it happened.