Why NC Needs New Legislation Regarding the Release of Police Body-Worn Camera and Dashboard Camera Footage
On April 21, 2021 Andrew Brown, Jr. was killed at the hands of law enforcement while Pasquotank County deputies attempted to execute warrants. Twelve days later, on May 3, Brown’s family gathered to pay their final respects to their father, son, brother, uncle, nephew and friend.
On April 30, Judge Jeff Foster ruled that Brown’s adult son and his family members with one degree of kinship could see limited portions of the videos of his death within 10 days. Foster’s order of 30 April was not filed until May 6 — seven days later — which means that local law enforcement can withhold the limited portions of the video from Brown’s family until May 16, 2021, more than three weeks after his death and two weeks after his funeral.
I filed SB 510 Release Body-Worn/Dashboard Camera Video prior to Brown’s death because even at the time of the passage of the current law regarding police video footage, I knew the law left a lot to be desired and put too much burden on everyday citizens to petition the courts for relief. Most citizens — including myself — have little interaction with the court system on a regular basis and would not know where to begin to ask the court to provide video of a loved one’s encounter with police. When you factor in the emotional fragility of a grieving family and the high-profile attention of a controversial police encounter, the current law actually exacerbates the harm to families.
This is not political; it is not about Democrats and Republicans. Ultimately, this is not even about reforming or reimagining policing in this state. At its essence, this is about humanity, decency, and kindness. Knowing how someone died is an important part of the grieving process for a family. That knowledge should not be denied or delayed just because the case is controversial or law enforcement is involved. Can’t we agree that if there is a video of someone’s death, their family members and loved ones should be able to see it — without a legal fight, without a court order, before the funeral, before that person is laid to rest?
The 2016 law was an improvement over the nonexistent laws NC had at that time regarding the release of police footage. However, the Brown case has demonstrated in the starkest of terms that it did not go far enough in providing a transparent and compassionate process to serve the needs of the public and the state.
I urge the NC Senate to continue working on a fix for this issue. No other family should have to endure what the Brown family has.
