After a grand jury decided not to indict a DeLand Police Officer who ran over man on foot, the family, along with their attorney, are calling for an independent investigation.
They say the autopsy report drafted by the Medical Examiner's office is inaccurate.
"At best it was inaccurate, and it was done unintentional, at worst it was intentional, and it was some conspiracy to deceive the truth from this family," said attorney Benjamin Crump.
Crump is representing the family of 38-year-old Marlon Brown. This past May, investigators say Brown refused to stop when a Volusia County deputy tried to pull him over for a seat belt violation.
That's when the DeLand police officer took up the chase. At some point, investigators said Brown was run over after he got out his car and started running.
Dashcam video caught the chase. It shows Brown running through a grassy area. He appears to trip, and the video shows the cruiser hitting him.
MyFoxTampaBay.com has chosen to publish the full, unedited video. We did so because the video is central to the dispute between the medical examiner's report and the family's claims that that report is false. The family released the video so people could judge for themselves what happened; despite its graphic nature, we want our readers to be able to do the same, if they choose to view it.
The Volusia County medical examiner released a report earlier this month saying that Brown was not hit by the patrol car; rather, he died of mechanical asphyxia from of the weight of the car.
But Brown's family, along with Crump and the funeral director who prepared Brown's body, all say the medical examiner's report is false. They are calling for an independent investigation.
"It is my conclusion, that the trauma to his head and neck, and the multiple compound fractures and contusions, came from the force of the impact from the vehicle hitting his body," said James Cusack, the funeral director.
"I saw compound fractures, to the point where fluid would not go in," Cusack said.
Cusack is not a doctor, but says based on his 40 years of experience, Brown's injuries were due to blunt force trauma.
"I saw an indication that his neck was very loose, where you could move it, which to me was an indication that there were some contusions if not a complete break," Cusack said.
The report states that Brown slipped and fell, and the police car came to a stop on top of him. The family says the dash cam video that they released last week clearly refutes that claim.
"The medical examiner's report was a lie, it enhances the families belief and feelings that we have been betrayed by our criminal justice system," said Krystal Brown, Brown's former wife.
"They based their determination on inaccurate evidence, so if there's new evidence that evidence should be submitted to the grand jury," Crump said.
The associate medical examiner who performed the autopsy was terminated earlier this month for unknown reasons. The DeLand police officer involved was fired in June.
In response to the family's claims, a Volusia County spokesman released a brief statement saying "The autopsy speaks for itself."
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