New tape shows Tate-Brown driving with headlights on, lawyer says

A lawyer representing the family of Brandon Tate-Brown released video to the Daily News Monday that he says shows Tate-Brown driving with his headlights on prior to his fatal shooting by police officers.

The video, recovered from a 7-Eleven in Frankford by a private investigator hired by the family, reportedly shows Tate-Brown pulling up outside the store in a white Dodge Charger with his headlights on. Tate-Brown enters the store and leaves a few minutes later.

Police had said 15th District officers in a squad car pulled Tate-Brown over around 2:45 a.m. on Dec. 15 for driving without his lights on.

It is unknown exactly how much time elapsed between the visit to 7-Eleven and the traffic stop.

“The department has thoroughly investigated this incident; therefore this video isn’t some breaking development nor is it the video of the particular incident,” police spokesman Lt. John Stanford said in an email.

“Perhaps if those so quick to point out irrelevant video would just allow the investigation and review to take its course they could make an educated determination based on all evidence and not just what they want to see. We have been committed to the integrity of this investigation from the very beginning and that fact isn’t going to change.”

According to a preliminary police report released Dec. 15, police said Tate-Brown, 26, exited his car, but struggled with officers after they saw a gun in his car’s center console.

He “forced his way back to his vehicle and attempted to retrieve the gun,” when cops fatally shot him, according to the police report.

The shooting is under review by the D.A.’s office. The officers involved were cleared of departmental violations and are currently on active duty.

Police let Mildenberg and Tate-Brown’s mother see surveillance video of the stop and shooting. They both said Tate-Brown was not running for a gun at the time of the shooting.

Family and supporters have questioned why Tate-Brown was stopped in the first place, and have also questioned the police account of the shooting. His sister said that Tate-Brown, who served five years in prison, may not have wanted to risk returning to prison.