Dominique Heaggan-Brown, the former Milwaukee cop who fatally shot a black man in August, sparking two days of riots, was charged charged with reckless homicide on Thursday. The charge against Dominique Heaggan-Brown is related to the Aug. 13, 2016 death of Wisconsin native Sylville Smith. John Chisholm, the Milwaukee County District Attorney didn’t make the announcement himself. Rather, the charge showed up in online courthouse records early Thursday morning. The record also revealed that the former police officer had made his first court appearance already.

Sylville Smith was originally armed

According to charging documents, Sylville Smith had a gun earlier during the incident. However the documents assert that the fatal shot was fired by Heaggan-Brown after the victim was no longer had possession of his weapon.

Heaggan-Brown fatally shot Smith during a traffic stop in the north side of Milwaukee. According to an official criminal complaint, Heaggan-Brown and fellow officer followed Smith, on foot, after he ran from his vehicle. In body camera footage, you can see that Smith was in possession of a semi-automatic weapon.

Smith allegedly pointed the gun at officers, according to the complaint. Afterward, Heaggan-Brown is said to have fired a single round, which struck Smith in the arm.

According to video footage, Smith them tossed the gun over a fence, before the Officer fatally shot him in the chest. Though the complain alleges that Smith was reaching for his waistband before being killed, the body camera footage shows that at the time of his death Smith was completely unarmed.

Police Chief Ed Flynn weighs in

Milwaukee Police Chief Ed Flynn stated that the altercation started when officers stopped a rental car they deemed suspicious. The victim then bolted from the car, sprinting through the surrounding residential neighborhood. Officer Heaggan-Brown chased and then fired on Smith after he turned to face the officer and started to raise his weapon despite Heaggan-Brown's command to lower it, Flynn said.

A statement from the Milwaukee County District Attorney’s office said Chisholm wouldn’t be holding a news conference nor would he issue a statement about the charge or the riots.

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