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Body camera video released in 2021 police shooting death of erratic driver accused of trying to evade authorities in Cobb County

The GBI said Devonte Dawayne Brown, 28, of Austell, "refused to comply and sped away" after initially being pulled over for a traffic stop in August 2021.

MARIETTA, Ga. — Body camera video was released Wednesday in the 2021 death of a man who was fatally shot by a Cobb County Police officer following a short chase in Marietta.

The Georgia Bureau of Investigation said Devonte Dawayne Brown, 28, of Austell, "refused to comply and sped away" after initially being pulled over for a traffic stop in the area of South Loop and Powder Springs Road in Marietta on Aug. 18, 2021.

Then-Cobb County Police Chief Tim Cox said at the time Brown was pulled over after officers "observed the vehicle driving erratically and posing a threat to motoring and pedestrian traffic in the area." The GBI also previously said Brown "attempted to get away and hit multiple police vehicles."

Brown's family attorneys released the footage Wednesday that shows the moments leading up to his death. 

"The video speaks for itself. You can see airbags deployed. You can see them being boxed in and you can see disabled tires on his car," said civil rights attorney Harry Daniels, who is working with Brown's family.

RELATED: Cobb Police: Driver killed after being shot by officer, crashing into cars during chase

The bodycam video released begins following the chase and initially shows Brown's car surrounded by four law enforcement vehicles, boxing him in. The airbags inside Brown's car have already deployed, and the car he's driving appears to have significant damage. Brown backs up a short distance before driving straight and hitting one of the law enforcement vehicles surrounding him.

During that time, the officer yells, "Get your hands up! Get your (expletive) hands up! Get your hands up! Get your (expletive) hands up!"

An officer in the video, whose view into the car appears to be obscured by the airbags, then tells the other officers near the vehicle to "clear" before once again shouting, "Get your hands up! Get your hands up!"

Brown puts the car in reverse again before driving forward and crashing into the parked law enforcement car once again. Immediately after Brown crashes into the law enforcement vehicle, the officer fires what appears to be 12 shots into the driver's side of the vehicle.

Credit: Harry M. Daniels LLC

The officer then speaks over his radio that shots were fired and requests immediate medical attention for Brown.

A few minutes later, the officer says over his radio that Brown showed signs of "agonal breathing" -- in which a person is not getting enough oxygen and gasping for air -- and told EMS services to "step it up if they haven't already" and that Brown had "multiple gunshot wounds."

Roughly four minutes after Brown was shot, SWAT and additional law enforcement units arrive where they approach Brown's vehicle behind a shield to check inside.

Approximately nine-and-a-half minutes after the officer shot Brown, EMS extricated him from the car and began to perform life-saving measures on Brown. According to the GBI, Brown was taken to the hospital, where he later died.

A civil rights attorney for the family, Harry Daniels, had some concerns, such as why it took nine minutes for Brown to get medical assistance while he gasped for air. Daniels plans to file a civil lawsuit and appeal to the Department of Justice for a review.

"We don't know if they will, at least as a matter of that, a recourse that we will take to see if we can get some criminal justice for this family," Daniels said.

The GBI said one officer had "non life-threatening" injuries after being hit by Brown's car. The bureau did not say if that officer had required hospitalization. No officers were hurt by gunfire, authorities said.

A bystander video from 2021 shared online shows a wider view of the scene in which Brown's car can be seen boxed in by the officers' vehicles.

A handgun was recovered inside of Brown's car. Neither Cobb Police nor the GBI suggested it played a role in the incident.

11Alive reached out to both agencies earlier Wednesday evening for a comment on the release of the video. Cobb County Police said in a statement that the department's thoughts are with everyone impacted by the tragedy. Police added that after the GBI's independent investigation, the case was turned over to the Cobb County District Attorney's Office. It was then presented to a grand jury.

"The Grand Jury concluded that there were no grounds for charges against the officer involved," the statement reads in part. "We respect the Grand Jury process and also understand the public's need for transparency and accountability. We are committed to ensuring the safety and trust of our community. In light of the ongoing developments and potential legal proceedings, we are limited in what we can discuss about the specifics of the case."

The police department said it continually reviews and updates its policies and procedures to ensure the highest standards of law enforcement and public safety. 

Meanwhile, family attorneys said Devonte Brown "wasn’t a threat to anyone,” and the video makes that clear.

"He was trapped like a rat and that’s exactly how (the officer) treated him," Daniels said in a news release. "He gunned him down like vermin.”

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