Former Milwaukee Officer Charged In Shooting Makes First Court Appearance

Defense Attorney Says Releasing Body Camera Footage Could Compromise Right To a Fair Trial

By
Chuck Quirmbach/WPR

The former Milwaukee police officer charged with first-degree reckless homicide in the shooting of an African-American man last summer had his initial court appearance Friday afternoon.

Dominique Heaggan-Brown is the accused. One of his defense attorneys said any public viewing of police body camera video that recorded the shooting might dim the chances for a fair trial.

Prosecutors say the video shows then-officer Heaggan-Brown shooting Sylville Smith to death, after Smith tossed away a gun.

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Defense attorney Steve Kohn says he’ll vigorously defend his client. Kohn says he hasn’t seen the video yet, and says the public will see it at the appropriate time.

“I think it is much more of concern that our client get a fair trial than that the media broadcast this video or any piece of evidence that is going to cause him not to have a fair trial,” Kohn said.

Milwaukee County District Attorney John Chisholm said the video is evidence and won’t be released before the end of the case. He said whether a jury or judge will see the footage would be determined at a trial.

Chisholm also said he’s not trying to send a message by charging the former police officer with homicide.

Chisholm said he knows police shootings of African-Americans like Smith are a national issue, but says the Milwaukee case is not the forum for a message.

“On an individual case, I have an ethical obligation just to look at those facts and make a determination based on those facts and not to consider extraneous things like you know, public sentiment and trying to send a message.” Chisholm added, “It just wouldn’t be appropriate to do that.”

Heaggan-Brown, who is black, has a preliminary hearing set for Dec. 23.