DeLAND, Fla. - Local 6 obtained video on Friday from the DeLand Police Department, taken from Officer Justin Ferrari's patrol car on the night Marlon Brown was run over and killed by a DeLand police officer.
However, it doesn't show what exactly happened to Brown, only the traffic stop before officers pursued him from the cruiser of the officer who was assisting former officer James Harris.
According to the investigative report, Ferrari's dash camera shows Brown jump out of his car, kick off his flip flops and take off running. But police wouldn't release that video, citing that state law says video that shows someone dying is sealed and not available to the public.
Local 6 spoke to Jon Kaney, attorney for the First Amendment Foundation.
He says the city is wrong and that the public is entitled to see portions of the video.
"The depiction of the killing, is what the statue covers, so anything - the whole thing- the car pursing, running up into the field, all those things that happened, that doesn't depict the killing- and it should- a video that shows that plus the critical moment the terrible moment- that could be redacted- that's all that's exempt," he said.
Kaney says that applies to the dash cam video from Harris' patrol car as well, which, according to reports, shows Marlon Brown lost his footing and fall, before he suffocated from the weight of Harris' patrol car on top of him.
City Attorney Darren Elkind says the DeLand Police Department doesn't have a copy of that video.
He says they gave it to Florida Highway Patrol investigators, who gave it to the state attorney's office.
"We didn't make a copy because, to preserve the evidence and make sure there was no question that no one did anything with the box- we took it in it's virgin state and turned it over to the FHP," he said.
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