SAO: It was an 'unintentional' gunshot by Jacksonville police that killed suspect on July 30

A State Attorney's Office review of a fatal July 30 police shooting says the 41-year-old suspect's death was the result of "unintentional" but not criminal gunfire by the officer.

Bobby James Brown was killed as he brandished a steak and butter knife at officers during an hour-long standoff at a family member's home in the 2300 block of Grunthal Street, the Jacksonville Sheriff's Office said.

The situation began about 4:30 a.m. that Saturday, Chief Brian Kee said at the scene. Officers went to the home after reports of a man armed with two knives banging on doors on Grunthal Street.

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The man, who appeared to be under the influence of drugs, eventually made it to a relative's home and was allowed inside but started threatening to harm everyone and himself, Kee said.

He locked himself in a bathroom, and officers tried to calm him down and talk him out. Just about an hour later, Brown came out but still had the knives, Kee said.

Two officers used a Taser while another fired one shot as Brown was within 25 feet of them, the Sheriff's Office said. Officers performed emergency first aid on him before he was taken to a hospital. But his mother said he died from a gunshot wound to his chest.

His mother, Eugenia Brown, told news partner First Coast News that she vividly remembers when her son was shot. She was there when he said he would come out if he could have a cigarette.

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She said an officer told her she could go get him one and by the time she got to the last step on the stairs, “That's when I heard the gun. I kept screaming, 'Where did you shoot my son? Did you shoot my son?'

"He wasn't perfect, but he wasn't a monster," she said. "He wasn't a demon."

Jacksonville Sheriff's Office and State Attorney's Office procedure

The State Attorney's Office reviews all officer shootings for any criminal issue, while the Sheriff's Office reviews them for violations of policy. Assistant State Attorney Mark Caliel's Sept. 19 letter to the Sheriff's Office says its investigation determined Brown was killed by the unnamed officer as "the result of an unintentional firearm discharge."

"The State Attorney's Office has concluded that under the circumstances presented at the time of the shooting, the discharge of the firearm was not criminal," the letter states. 

Caliel did not initially specify how the gunfire was unintentional since this is not the final report. But in a follow-up email Thursday, prosecutors stated the shooting officer was faced with a "dynamic, threatening, and dangerous situation" in the home involving a suicidal and possibly homicidal suspect who was not obeying officer's orders.

The update said four officers were in front of the door to the bathroom where Brown was, and they came up with a tactical plan to secure him. The officer who fired was assigned "lethal cover in a kneeling position, and two additional officers were assigned non-lethal cover standing directly next to and above the shooting officer."

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Brown continued to open and slam the bathroom door while yelling, the State Attorney's Office update states. The third time he opened it, both standing officers fired their Tasers, followed "almost instantaneously" by the kneeling officer discharging his gun.

"The shooting officer provided a detailed statement explaining he involuntarily fired his gun after the Tasers deployed near his head," the State Attorney's Office statement reads. "Based on the totality of the circumstances, the shooting officer’s actions do not constitute culpable negligence. Because there is no evidence of a criminal act, no criminal charges will be filed against the officer.”

In his letter to the Sheriff's Office, Caliel said his office's final report and legal analysis are still pending, noting that the release of the officer's body camera video would not hinder the integrity of the investigation.

He said Brown's mother, however, objected to the public release of the footage. Considering the video was recorded in a private home also exempts it from being publicly available, Caliel said.

Brown was the seventh suspect shot by a Jacksonville sheriff's officer and the fifth who died, according to Times-Union records. He also was the second fatal police shooting in an eight-day period this summer. On July 22, two suspects were killed in a police pursuit and shootout that ended when their car crashed near the Jacksonville Zoo and Gardens.

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Last year, police shot six people including three who died, according to the Times-Union's data.

dscanlan@jacksonville.com, (904) 359-4549