Fatal shooting by Phoenix officer who thought pill bottle was gun stirs questions in community

PHOENIX — The family of an unarmed drug suspect fatally shot by a Phoenix police officer expressed frustration Friday that an independent investigator was not present at an autopsy and accused authorities of not being transparent.

Attorney Marci Kratter said an autopsy on Rumain Brisbon, 34, took place Friday as soon as a request for injunction to halt it was denied in Maricopa County Superior Court.

Kratter said the family was "devastated and frustrated" that the medical examiner's office would not wait until Saturday, when their expert would have been available. Brisbon's mother, Nora Brisbon, wanted an independent expert present for the examination of her son's body, according to court documents.

Maricopa County spokeswoman Cari Gerchick said the office does not postpone autopsies unless ordered to do so by a court.

"It's a case-management issue," she said. "We don't have the flexibility, the ability to be flexible and change the scheduling."

Kratter said they will wait for the autopsy results and any police reports before making any judgments. "We won't know about a lawsuit until all the evidence is in," she said.

The deadly shooting Tuesday of Brisbon, 34, demonstrates the challenges law enforcement agencies face at a time of unrest over police tactics.

Nora Brisbon said she doesn't want people to focus on the fact her son was black.

"This had nothing to do with race," Nora Brisbon told The Arizona Republic. "This is about Rumain and the wrong that was done to him, and I want people to focus on that. If they want to rally, let's support him positively."

Despite the department's efforts to be transparent with information, protesters marched Thursday night.

About 150 marched through the streets of downtown Phoenix to police headquarters, while calling for an end to what they say is a nationwide epidemic of police brutality.

Brisbon's mother also criticized media and police for highlighting his prior criminal record. Court records show Brisbon had convictions dating back to 1999 that included aggravated DUI, burglary and marijuana.

The police chief and top prosecutor in metro Phoenix met with the president of the NAACP's Maricopa County Branch and other civil rights leaders in the hours after the incident, which came as emotions are running high in New York, Missouri and elsewhere over what protesters call heavy-handed law enforcement efforts.

The NAACP official, the Rev. Oscar Tillman, said he cautioned Brisbon's family and friends about channeling their anger as the investigation into the shooting unfolds.

"I told them not to be openly explosive or whatever because the fact is ... as you can see what happened to Michael Brown's (stepfather) now. They're talking about going after him. I said, 'Just be very careful,' " Tillman said.

Sgt. Trent Crump said the shooting in Phoenix happened after an officer responded Tuesday to reports of someone selling drugs out of a Cadillac SUV. The officer ordered Brisbon, the sole occupant, to show his hands.

Authorities say Brisbon ran inside an apartment building and then got into a struggle with the officer. Brisbon put his hand in his pocket, and when the officer grabbed the hand, he thought he felt the handle of a gun through Brisbon's pants, police said.

Brisbon was hit in the torso and later pronounced dead at the scene. Investigators recovered a semi-automatic handgun and a jar of marijuana from his SUV.

An internal investigation is underway, Crump said Thursday. Prosecutors will determine whether the officer will face criminal charges. Police did not identify the 30-year-old officer but said he is a seven-year veteran of the department.

Days after the shooting, police in a Phoenix suburb postponed a "Run From the Cops 5K" fun run scheduled for Saturday. Tempe Police Chief Tom Ryff said the annual event is intended to bring police and the community together, but the event's name could be misinterpreted to mean the opposite.

The Phoenix shooting occurred the day before a grand jury in New York City decided not to indict Officer Daniel Pantaleo, who is white, in the chokehold death of Eric Garner, an unarmed black man. Dozens of protesters were arrested on New York streets Wednesday, police said.

It followed a grand jury decision Nov. 24 not to indict Ferguson Officer Darren Wilson in the shooting death of Brown, an unarmed 18-year-old. The decision sparked violent protests, lootings and the destruction of several businesses.