Charges against man accused of firing at Chattanooga police sent to grand jury

Curtis Brown
Curtis Brown

Fearing for his and his partner's safety, a Chattanooga police officer testified Monday, he opened fire first on a 34-year-old man who brandished a silver handgun during a footchase in July.

Stephen Huckabee, a six-year veteran of the department, said he noticed Curtis Brown holding his waistband as he ran away from Sandy's Mini Mart at 2404 Glass St. around 9 p.m. on July 11.

photo Curtis Brown

Moments earlier, his colleague, officer Kelly Downs, had been called to the store because of "a disorder with a gun," records show. When she arrived, Downs said Monday in Hamilton County General Sessions Court, she didn't see a gun on Brown.

But then, the officers said, Brown refused to listen to orders, took off down a dark street, tripped on an embankment and came up raising a silver handgun as they followed.

"As he's getting up, I yelled, "Kelly, he's got a gun!'" Huckabee said. "At that point, I've never been in more fear of my life in six years of my career. When I saw the gun raising up, I've never been in more fear of my life."

After listening to their testimony Monday, Judge Clarence Shattuck sent Brown's charges to the grand jury. He faces two counts of attempted first-degree murder on police, one count of unlawful carrying of a firearm and one count of possessing a firearm during commission or attempt to commit dangerous felony. If he is indicted, Brown will be arraigned in Criminal Court.

Although Brown escaped that night, he arranged his surrender days later through Olivet Baptist Church preacher Kevin Adams. He was shot in the foot and seemed to have been grazed in the side, Adams said at the time.

Neither officer was injured in the chase.

Though police initially said a gun fell from Brown's pants when he tripped, officers didn't mention that in court. An affidavit filed in Sessions Court said Brown "pulled the firearm from his waist area and turned toward the officers with the firearm in his extended arms."

Police could not immediately confirm Monday whether the gun fell from his pants.

Huckabee said he fired two shots after Brown raised his firearm. When Brown started running away, he fell a second time, Huckabee told defense attorney Jeffrey Schaarschmidt.

And that time, Huckabee said, he saw muzzle flashes as Brown got up. The officer fired back, going through one magazine completely, he said.

Before Brown fell that second time, Huckabee said he didn't know whether officer Downs had been firing because he was disoriented and his ears were ringing. Downs said she fired eight shots.

"He was attempting to get away," Huckabee said. "However, he was shooting back at us."

In addition to Huckabee and Downs, prosecutor Kevin Brown called Victor Miller, an investigator with the Chattanooga Police Department.

Miller said he found a chrome revolver with a wooden handle in a driveway off Wheeler Avenue, where the chase led. A witness said she saw Brown earlier in the day with a firearm with a wooden handle, records show.

Brown asked whether a revolver holds shell casings when it fires - as opposed to other handguns, which eject them.

"That's correct," Miller said.

"Did you take it and look?" Brown said.

"Yes," Miller said. "There were spent casings inside."

"How many?" Brown asked.

"Five," Miller said.

"How many rounds did this revolver hold?" Brown asked.

"Five."

Contact staff writer Zack Peterson at zpeterson@timesfreepress.com or 423-757-6347. Follow on Twitter @zackpeterson918.

Upcoming Events