New Police Reform law secures indictment against Officer in another Virginia killing

BRISTOL, Va. (WCYB) — The defense for Bristol, Virginia Police Officer Jonathan Brown continued calling witnesses Monday. He is accused of murder in the on-duty killing of Jonathen Kohler in March 2021.

The first witness called to the stand Monday morning, was Dr. Trista Wright, a Toxicologist with the Virginia Department of Forensic Science. She told members of the jury she had received a sample of Jonathen Kohler’s blood from the medical examiner. Wright testified there were several drugs in Kohler’s system, including methamphetamine, none of which were prescribed. She said the illicit use of meth could result in a person acting fidgety, have periods of irrational behavior and paranoid psychosis.

The defense also called Eric Hinchey to the stand. In March 2021, Hinchey was employed by the Bristol, Virginia Police Department, working as an officer. He is no longer a member of the police force and is now pursuing a career as an independent contractor. He told members of the jury he was working in the early morning hours of March 30, 2021, when the report of shots fired at the Rodeway Inn came in. He said when he responded to the area, he was attempting to locate a sliver pickup truck that witnesses had reported seeing leave the motel when they called 911 after hearing shots. That vehicle was later determined to not be involved in this case. When Hinchey arrived in the parking lot of the Rodeway Inn, it was after Officer Brown had fired his weapon at Kohler. He testified he then worked to secure the scene and keep members of the public away. Hinchey also spoke with and questioned Summer Cook, at the scene. Cook who was at the motel, was the girlfriend of Kohler. The defense told jury members last week, that Kohler threatened to shoot 18 rounds through the window of the motel room his girlfriend was staying in and then threatened to “shoot up the motel.” Hinchey also told jury members at the time of this incident, his body camera was not working correctly, and did not record the events at the Rodeway Inn.

Following Hinchey, Bristol, Virginia Police Chief John Austin testified. He told members of the jury he considers the Rodeway Inn a dangerous place and a haven for drug use. Heather Howard, representing Brown, asked Austin to look up data as to how many times police have been dispatched to the motel. Austin said between February 2021 and March 2022, police were dispatched 307 times. Austin also said that officers within the department are trained to respond to shots fired calls as if they are active shooter situations, until it can be determined otherwise. He testified that on March 30, 2021, he arrived at the scene 20 to 30 minutes after he received the call that Officer Brown had fired his weapon. He said he then checked on Brown and told him not to speak to anyone. The prosecution pressed Austin, asking if there was a delay contacting the Virginia State Police to come in and do an independent investigation, but he said he did not believe there was a delay.

In addition to Austin and Hinchey, the defense also called Bristol, Virginia Police Officers Timothy Sizemore and Christopher Stine to testify. Officers recapped the events of March 30, 2021, while listening to 911 dispatch calls and body camera video from the event. Stine and Sizemore testified it was an intense and stressful situation, with Kohler being non-compliant at times. Stine told members of the jury it was hard for him to articulate how stressful the call was and how quickly the events unfolded. He did testify Officer Brown fired his weapon because his life was in an imminent threat of danger, and said Kohler attempted to run Brown over when he quickly accelerated his Mustang.

Several of the officers involved also mentioned they had some issues with their body cameras – either forgetting to turn them on when first arriving on scene – or the cameras not recording any video.

The defense will continue to call witnesses to the stand on Tuesday.

2. The totality of the circumstances, including (i) the amount of time available to the law-enforcement officer to make a decision; (ii) whether the subject of the use of deadly force (a) possessed or appeared to possess a deadly weapon and (b) refused to comply with the law-enforcement officer's lawful order to surrender an object believed to be a deadly weapon prior to the law-enforcement officer using deadly force; (iii) whether the law-enforcement officer engaged in de-escalation measures prior to the use of deadly force, including taking cover, waiting for backup, trying to calm the subject prior to the use of force, or using non-deadly force prior to the use of deadly force; (iv) whether any conduct by the law-enforcement officer prior to the use of deadly force intentionally increased the risk of a confrontation resulting in deadly force being used; and (v) the seriousness of the suspected crime.