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WEBVTT REACTED TO THE DECISION WITHIN THE LAST HOUR. JOYCE: WISN 12 NEWS' TERRY SATER IS LIVE WITH THEM AT 34TH AND BIRDLIFE. >> WE ASKED HIM FOR HIS REACTION TO ALLEGATIONS FACING THE OFFICER IN HIS BROTHER'S DEATH. >> MY BROTHER DID NOT HAVE TO DIE AT THE END OF THE DAY. A STEAL TO LIKE WHAT HAPPENED TO HIM DID NOT HAVE TO HAPPEN. NOWHERE IN THE COMPLAINT DOES IT SAY THAT. > EVEN THOUGH THE OFFICER HAS BEEN CRIMINALLY CHARGED, THE FAMILY IS STILL CALLING FOR A FEDERAL INVESTIGATION INTO THE MILWAUKEE POLICE DEPARTMENT, AND THEY SAY THIS NEW ROUND OF ALLEGATIONS AND CRIMINAL

Advertisement Bail set at $100K for former officer charged in shooting of Sylville Smith Dominique Heaggan-Brown charged with first-degree reckless homicide. Share Shares Copy Link Copy

Bail was set Friday for the former Milwaukee police officer who shot and killed Sylville Smith, sparking days of unrest in Sherman Park Dominique Heaggan-Brown was charged Thursday morning with first-degree reckless homicide. He is only the second Milwaukee police officer charged with an on-duty homicide in more than 50 years. Milwaukee County District Attorney John Chisholm said the decision to charge Heaggan-Brown wasn't easy. "All of these cases are difficult whether you clear the cases or charge them. Officer-involved shootings are always the most difficult cases to review," he said. During his initial court appearance Friday, a judge set bail at $100,000. If convicted, Heaggan-Brown faces up to 60 years in prison on the reckless homicide charge. "Thank God this happened, and that justice can be served in this case. This obviously is not the end of the line in terms of that, but it's the first step towards seeking some measure of accountability for this tragic shooting," Smith family attorney David Owens said. Smith was shot and killed Aug. 13 near 44th Street and Auer Avenue. According to the criminal complaint, a review of the body camera footage from Smith and another officer showed that Smith fled from police carrying a semi-automatic handgun with an extended magazine. The video showed Smith slip, rise back to his feet with the gun, then raise the gun upward while looking in the direction of the officers and throw the gun over the fence into the yard. Smith’s firearm was not discharged, the complaint said. When Smith raised his gun upward, Heaggan-Brown fired one shot from his service weapon at Smith, and Smith fell to the ground on his back. It was later determined that Heaggan-Brown’s shot struck Smith in his right upper arm, the complaint said. Heaggan-Brown is then seen standing a short distance from Smith with his weapon pointed down at Smith. Heaggan-Brown discharged a second shot from his weapon at what appears to be Smith’s chest. The body-camera footage showed Smith was unarmed at the time of the second shot, the complaint said. Milwaukee Police Chief Ed Flynn commented on the reckless homicide charge late Thursday afternoon as he headed into the regular Fire and Police Commission meeting. "I'm operating under the assumption there is more to the district attorney's decision than what's contained in the charging document because quite honestly, looking at that document and the fact that two shots fired in 1.69 seconds -- one's legal and one's not -- is a little difficult to understand or explain to the rank-and-file, quite honestly," he said. Flynn fired Heaggan-Brown in October after he was charged with sexual assault and prostitution-related charges. He remains jailed on those charges. "Unbeknownst to us he had a secret life that culminated in criminal activity. That's separate and apart from whether he made an appropriate decision acting on the color of office. His character isn't at issue here. It's whether he used deadly force accurately," Flynn said. The head of the Milwaukee Police Association expressed concerns that officers might question if they'll be penalized for their actions if they find themselves in a similar situation. "I worry that if an officer might not know that while he has a legal right to do what he's doing, he won't be backed the community he serves and the administration he serves. An officer will hesitate and we will lost officers," said MPA president Mike Crivello. Heaggan-Brown's attorneys got word of the new first-degree reckless homicide charge late Thursday and were able to tell him about it in a meeting at the Milwaukee County Jail. They wouldn't disclose how he reacted, but said the complaint raises a number of questions they'll be exploring in the criminal proceedings ahead. "Regardless of what is in the criminal complaint, and regardless of the amount of exposure that this case has had, this individual, our client, like any individual charged with a crime, deserves a fair trial, deserves to be presumed innocent," Heaggan-Brown's attorney Steve Kohn said. "We compare it to instant replay in sports. What one sees in real time as opposed to what one sees when video is broken down to tenths of a second is very, very different." "Even that footage as described raises a number of questions, and we're really talking about a very small window of time, at least according to the complaint," attorney Jonathan Smith said. Heaggan-Brown is scheduled to appear in court Friday afternoon. The body-camera video will not be released now because it is considered evidence. Smith Family Reaction: Smith's family held a news conference Thursday evening. "My brother didn't have to die at the end of the day. I still feel like what happened to him shouldn't have happened. Reading the criminal complaint, nowhere in there does it say he pointed a gun," Sylville Smith's brother, Sedan Smith, said. The family is calling for a federal investigation of the Milwaukee Police Department. Earlier in the day, the family issued a written statement saying, "We appreciate that the district attorney has shown independence and sound judgment in prosecuting the officer who shot and killed Sylville. We also appreciate that this is but the first step in holding that officer accountable, but a necessary step in bringing some measure of justice. We always believed that Sylville should be alive today, and that this rogue officer was completely wrong. Though the decision to prosecute cannot bring back Sylville, justice is needed for our family as we continue to move through deep grief and seek justice for his wrongful death." Milwaukee Mayor Tom Barrett's and Gov. Scott Walker's Reaction Milwaukee Mayor Tom Barrett pointed to one piece of evidence that played a key role in the district attorney's decision. "I'm sure some will be happy with this decision. Some will be unhappy with this decision, but I think it's critical to note once again that one of the most important parts of this entire investigation was the result of the body cameras worn by our Milwaukee police officers," Barrett said. Wisconsin Gov. Scott Walker said he isn't going to "prejudge Heaggan-Brown until he goes through the legal process, and we see ultimately what a jury or court decides on this." "I want to make it clear: Overwhelmingly, law enforcement in this state, not just in Milwaukee but elsewhere, does a tremendous job under difficult circumstances. But if people are violating the law -- no matter whether they're in law enforcement or not -- they should be held accountable.