1 dead in Volusia County deputy-involved shooting: Timeline, body cam, sheriff responds

VOLUSIA COUNTY, Fla. - An hours-long pursuit of a Florida driver led to a deadly deputy-involved shooting in a Walmart parking lot. Now, officials will investigate whether the deputy's deadly use of force is justified after a single gunshot through the windshield led to the driver's death. 

Reckless driving in Volusia County: Multiple agencies respond

What we know:

A Florida man – later identified as Brandon Joseph Brabin, 29, – died after a police pursuit ended in a Walmart parking lot on May 9. Brabin was killed by the deadly force of a Volusia County deputy. 

Volusia County Sheriff Mike Chitwood provided a timeline of the events that night during a May 11 press conference. 

The incidents began on Friday, May 8 through the early hours of May 9. 

Listen: 911 call

Timeline:

• 9:10 p.m. – A DeLand Police officer on foot patrol saw a gold Nissan Altima speed out of Artisan Alley in downtown DeLand, nearly hitting a pedestrian walking in the alleyway. The pedestrian stumbled, but wasn't hit. The officer approached Brabin's vehicle, telling him to stop, but he backed out of the one-way alley into the path of an oncoming vehicle, the sheriff's office said. The second vehicle braked to avoid a crash. Brabin drove west on New York Avenue without lights on.
• 9:15 p.m. – Brabin ran two red lights and almost "T-boned" a driver at the intersection of New York Avenue and Spring Garden Avenue. Units responded to the area, but didn't find Brabin, VCSO said.
• 3:44 a.m. – Early Saturday morning, a DeLand officer spotted the Altima approaching Spring Garden Avenue from New York Avenue. The officer chose not to chase Brabin, rather to use Stop Sticks. However, Brabin sped away, running a red light in the process.
• 3:46 a.m. – A Volusia County deputy spotted Brabin's car near DeLand City Hall – running another red light before turning south on Florida Avenue.
• 3:48 a.m. – Radio traffic said, "one at gunpoint, northbound in southbound lanes," before a car made a u-turn and headed toward the Neighborhood Walmart.
• 3:49 a.m. – As the deputy approached Brabin's vehicle at Walmart, the car lurched forward, Chitwood described, and the deputy fired one shot through the front windshield.
• 3:50 a.m. – Brabin continued driving after being shot before coming to a stop at the south end of Walmart. His vehicle wheels were still spinning, indicating his gas pedal was being pressed, the sheriff's office said.
• 3:52 a.m. – 4:05 a.m. – Brabin didn't respond. He was seen leaning down and not moving. It was confirmed he had a gunshot wound to the front of his body and didn't have a pulse. He was transported to the nearest hospital.
• 5:04 a.m. – Brabin was pronounced dead at the hospital.

Watch: Full press conference

Was the deputy's use of force justified? 

When asked if Chitwood had any thoughts on the events that transpired, he declined to comment. 

"To be fair to the deputy and be fair to everybody, I'm going to refrain my thoughts," he said. 

According to the Volusia County Sheriff's office's use of force policy, the sheriff authorized deputies to "to use that amount of force that is proportional, reasonable and necessary under the circumstances to protect themselves and/or others while performing their lawful duties."

Chitwood said the body camera footage shows Brabin's car lunging toward the deputy before the deputy fired.  

"A vehicle can kill you just as quick as a gun can kill you," the sheriff said. "… You can't come out on top when you're standing in front of a car. You're just not gonna win." 

Under the sheriff's office's policy, deputies are also required to attempt de-escalation techniques and verbal warnings. In released by body camera footage, a deputy could be heard yelling, "Get on the ground" as he held his gun out, pointing it toward Brabin. 

"You have to look at the totality of the circumstances here. Nobody comes to work to kill anybody," Chitwood said. "You have to look at how this whole thing transpires."  

The deputy's name has not been publicly released. He's been serving as a deputy for two years after graduating from the sheriff's office's academy, Chitwood said. 

Not following agency training? 

Chitwood said deputies are trained to use a PIT maneuver – with an active moving vehicle – or Vehicle Containment Tactic (VCT) in these situations. 

With a VCT, deputies are trained to pincer a suspect's vehicle to immobilize them. Chitwood said the VCT would have been the right tactic to use in this situation. 

"I don't know why they didn't execute any of that. … That's what we have to flesh out," the sheriff said. 

Who was the chase suspect? 

Brabin has a previous traffic citation in 2020 from Volusia County as well as a Grand Theft Auto charge in Lake County, court records show. He also has a criminal history in Tennessee, the sheriff said. 

Brabin was on probation at the time of the shooting, Chitwood said. A probation warrant had been issued a few days before the incident occurred. 

"It's his (Brabin's) actions that led to this," Chitwood said. 

Chitwood noted that Brabin was driving through DeLand, speeding, running red lights, driving in the opposite direction and driving without headlines on, over course of hours. He remained on the same streets. He did not own the vehicle he was driving, the sheriff's office confirmed. 

"He continued to be in that area like it was a game – wanting us to chase him," Chitwood said. 

Over 10 bottles of Fireball whisky were found in Brabin's car. It's not known if Brabin was driving under the influence. 

"He clearly was not acting rational, whatsoever," the sheriff said. 

Watch: Body camera footage shows shooting

What's next:

The Florida Department of Law Enforcement is currently investigating the shooting incident. 

When the investigation is completed, the sheriff's office will conduct an internal investigation to decide if any policies, procedures or training were violated. 

The deputy is currently placed on a non-patrol, non-policing status. 

Crime and Public Safety