• Investigators: Suspect was not struck, killed by cruiser but died from asphyxiation


    DeLAND, Fla. - A Volusia County family isn't finished fighting for answers after their loved one was run over and killed last year by a DeLand police officer as he ran during a traffic stop.

    The new details came to light from the Florida Department of Law Enforcement's independent investigation into Marlon Brown's death in May.

    The review focused on the medical examiner's report, and one of the main concerns raised seemed to be whether Marlon Brown fell down and was rolled over by the car or if he was stuck by the car first.

    Dash cam video shows Marlon Brown slip and go down. It appears he was struck as he was getting back up, but the medical examiner's report prepared by Dr. Marie Herrmann said, "There is no evidence that he was struck by the vehicle."

    Instead, the report shows the car rolled over Marlon Brown and that he died from asphyxiation.

    "We feel they have lied to us but the video is important, and it speaks the truth," said Marlon Brown's ex-wife, Krystal Brown.

    Krystal Brown was outraged and her attorneys filed a complaint with the FDLE in September. The FDLE then had an independent board, the Medical Examiners Commission, review the complaint.

    On Tuesday it revealed no wrong doing by the medical examiner and basically said the part about Marlon Brown not being struck was just in the context of Herrmann making the point that Marlon Brown wasn't "struck and flung from the vehicle" and died from those injuries. It revealed that Brown died when the car rolled over him.

    Off-camera Marlon Brown's family told Channel 9 it's clear Marlon Brown was struck and the mortician claims Marlon Brown had broken bones, while the ME's report shows no broken bones from the impact.

    The county said it understands the family wanting a second opinion but isn't surprised the commission found no wrong doing.

    An attorney for the family is asking the commission to reconsider, saying that line about Marlon Brown not being struck is misleading and may have persuaded the grand jury not to not bring charges against the officer.

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