Jury finds ex-cop not guilty in fatal Sherman Park shooting that sparked violent unrest

MILWAUKEE — Former Milwaukee police officer Dominique Heaggan-Brown was found not-guilty Wednesday in an on-duty fatal shooting that set off two days of violent unrest last year.

Heaggan-Brown, 25, had been on trial since June 12 for the shooting of Sylville Smith last year that set off two days of violent unrest in Sherman Park.  

The verdict drew an emotional reaction in the courtroom, prompting Milwaukee County Circuit Judge Jeffrey Conen to clear the jury from the courtroom as deputies escorted members of the gallery out.

Heaggan-Brown was charged with first-degree reckless homicide. Jurors could have found him guilty of lesser charges of second-degree reckless homicide or homicide by negligent operation of a firearm. 

Heaggan-Brown and two other officers were doing overtime patrol on Aug. 13 prior to the start of their regular 4 p.m. shifts.

They pulled up on a parked car they suspected of being involved in a drug transaction. Smith ran from the car with a gun and turned into a gangway between two nearby homes when he fell at a fence.

Heggaan-Brown, who was chasing Smith on foot along with another officer, shot him once in the arm as Smith was throwing the gun over the fence. Less than two seconds later, after Smith had fallen to his back, Heaggan-Brown shot Smith in the chest.

The entire 12-second incident was captured by body cameras worn by the two officers. The videos, and Heaggan-Brown's statement to state investigators two days later, became central evidence to the state's case.  Jurors watched both video multiple times, in actual speed, slow motion and frame by frame.

Prosecutors say the first shot was justified self-defense, but that Heaggan-Brown's second shot was a felony.  Heaggan-Brown told investigators he feared Smith was reaching for a second gun.

The sole defense witness was an expert in police training and use of force, who told jurors Heaggan-Brown acted in accordance with his training.

The jury, which has been sequestered at an area hotel, began deliberations Tuesday. It started its second day of deliberations Wednesday with a request to see a state training manual for law enforcement officers.

Heaggan-Brown was only the second Milwaukee police officer to be charged in an on-duty homicide in modern history. The fatal shooting last August sparked two nights of violent unrest in the city’s Sherman Park neighborhood.

Conen, in agreement with lawyers on the case, denied the jury's request to see the Defense and Arrest Tactics manual, which was authored by the only defense witness, Robert Willis, an expert in police training and use of force.

After media inquiries, Conen made a record of two jury questions from Tuesday, which were addressed without the public present.

Jurors were given a copy of a report of Heaggan-Brown's statement made to state investigators two days after the shooting.

They were denied a copy of a transcript they had been able to use to help them understand audio recorded by Heaggan-Brown's body camera in the minutes after the shootings.  Such transcripts are not evidence and are considered only aids to understanding the audio.

Conen let the jury listen to the audio again, in the courtroom, but after clearing out the public. Though audio and video evidence is often replayed for juries in open court, during deliberations, Conen said Wednesday he considered that part of the deliberations and that the news media shouldn't be present.

Conen has imposed strict rules for the trial and ordered the jury sequestered, a rare precaution in Milwaukee County. So far, lodging alone has cost the county about $14,000.

Heaggan-Brown was fired in October after he was charged in an unrelated sexual assault that remains pending. He was charged with homicide in December.