Family Seeks Justice In Boy’s Hit And Run Death; District Attorney Responds

March 10, 2016

Tomorrow marks one month since a 12-year old W.S. Neal Middle School student died after being struck by a car, and his family has launched a social media campaign against what they say in wrongdoing by the East Brewton Police Department.

On February 11, Devon Spencer and his friend were walking to school on Williamson Street when they were hit by a car. The friend was not seriously injured, but Devon died a few days later at Sacred Heart Hospital.

There have been no charges filed in the case, and the family is alleging that the East Brewton Police Department has not conducted a proper investigation and won’t provide them with an accident report or answer their questions. East Brewton Police Chief Kenneth Brazile has declined to talk about this case with the media.

District Attorney Stephen Billy said a proper investigation is being conducted by state and local law enforcement agencies.

“As is standard procedure these agencies have been thoroughly investigating this case and will present all evidence collected to the good citizens of this county at a future grand jury session, after their investigation is fully completed, for their consideration. In order to secure justice to all involved, investigations must be conducted professionally and according to the highest standards. That is exactly what law enforcement and this office have always done, and will continue to do. No one is more dedicated to finding the truth, and pursuing justice than this office.”

He said the investigative process before a grand jury hearing can be exhaustive, and the law prevents the release of some information concerning this case because juveniles are involved.

“In order for the justice system to work, the necessary steps must be taken–even when that process can seem slow to hurting families and the public. Justice does not rest, and it is not inattentive in this case. As is normally true and pursuant to Alabama law as it relates to juveniles, the facts in this case are not publicly released,” Billy said.

On their Facebook page, family encouraged supporters to contact area major media, including local and national television stations and NorthEscambia.com, to push for coverage on the case. Several local television stations did air stories this week. It was a tactic that he district attorney said will likely not help the family in their quest for justice.

“I understand the curiosity of the public for details, but trial by media seldom results in justice served,” Billy said.

Anyone with information regarding the case is asked to contact the Escambia County (AL) District Attorney’s Office at (251) 867-0239.

Devon Spencer has several close relatives that live in Century, according to family members.

Pictured: Family members have created the Justice 4 Devon Facebook page seeking justice after 12-year old Devon Spencer died as the result of being struck by a hit and run driver in East Brewton, AL. Courtesy image for NorthEscambia.com, click to enlarge.

Comments

18 Responses to “Family Seeks Justice In Boy’s Hit And Run Death; District Attorney Responds”

  1. TUMom on March 12th, 2016 2:13 pm

    Well said Anna!

  2. AC on March 11th, 2016 8:53 am

    @Dennis HE Wiggins:

    I couldn’t agree more! Unfortunately there are some who have rushed to judgement and are demanding “justice” based primarily on emotion, impatience and conjecture instead of facts and due process. It may very well be that charges are warranted against the driver, but none of us know all the facts in this case. Even if the driver is arrested and charged by EBPD, the case STILL has to go before a grand jury per the 5th amendment to the US Constitution. The DA is right that trial by media in not a good idea, as evident in these comments.

  3. Sidewalk sam on March 11th, 2016 7:40 am

    Seems like the elected officials would see the need for sidewalks…Yes, the citizens can draw attention to the issue. Based on comments above…this street is covered with kids walking to and from school. Speed bumps? Deputy? Sidewalk? Where are the mayor, city council, sheriff…what say you elected “servants of the people?

  4. john on March 11th, 2016 6:39 am

    I used to live in an area that had really nice sidewalks, and you know what, people still do not use them, they still walked in the middle of the street, to bring up sidewalks in the middle of this is simply ridiculous, to teach a pedestrian to stay out of the street is more profitable. You won’t get Jesse Jackson or Al Sharpton down here because there is no big city money in it for them. As far as the major media goes all they would do is stir up strife and try to provoke a riot in the community, and lie like they always do. I pray that justice will prevail for this family and that they may find peace that only Jesus Christ can offer.

  5. Rodney on March 10th, 2016 5:53 pm

    It is better to remain silent and thought a fool than to speak up and remove all doubt.

  6. Dennis HE Wiggins on March 10th, 2016 3:32 pm

    The justice system is a process that the overwhelming majority of the public has very little knowledge of. If Mr. Billy plans to present this to the Grand Jury, it is in the State’s – and the family’s – best interest to have every single piece of evidence and testimony possible. Law allows everything to be submitted to the Grand Jury – including evidence that may not be admissible when and if the matter comes to trial before the Petit Jury.

    As I understand it, the driver is, as Mr. McCall stated, known. At this point it is not a matter of whether or not East Brewton PD and Mr. Billy’s office are doing their respective jobs. It is simply that in events like this, the departments generally want to take the time that is needed to decide the best charges to levy against the accused. (Remember, “innocent until proven guilty [and so adjudicated].”) There would be nothing worse than a sloppy investigation that led to charges that could not be proven beyond a reasonable doubt. That would mean the driver would never be held accountable.

    While I understand how the family must feel, I also know how the justice system works. I ask you to please be a little patient and give them the time that is needed to serve the family – and the community – as they should be served. That time may be several more months, although we can all certainly hope and pray that it is not.

  7. TLW on March 10th, 2016 2:33 pm

    @AC, I know this family well and what they are looking for is just what they deserve, JUSTICE and not blood. The same thing any of us would want if this was our child. As far as the driver being a “child”. Once she got her drivers license and got behind the wheel of a car she had to be just as responsible as someone who is 20,30, 40, etc. I have a 16 year old who drives and we made it very clear the responsibility that she has when driving and what can happen if she isn’t responsible. The driver need to be held accountable. A child is DEAD. At least her parents can see and talk to her. She still has a future. Devon’s family has nothing. She took his future. @Jim, when you have experienced the lost of a child due to someone else’s negligence then you can tell the family how to feel. They have known who hit Devon since the day it happen and nothing was done. It doesn’t take the district attorney office nearly a month to talk to the family and let them know what is going on with Devon’s case. So you can miss me with that. JusticeforDevon but a fire under these people that needed to be lit.

  8. Anna on March 10th, 2016 2:17 pm

    A child driver or no child driver, another child was killed, never to return to his family. If it was an accident and that driver had nothing to hide, they would have stayed at the scene and if nothing else, turned themselves in. You can call it whatever you want, but that family needs justice. That child is probably a family friend of the someone in the “elite or well known”. You can find a drug house, but you can’t find a hit and run that occurred in daylight….Brewton police, please do your job!!!!

  9. Just saying on March 10th, 2016 12:51 pm

    Some of this energy being exhausted by the family and supporters should be used to get sidewalks on Williamson street. Lest this happen again. There are simply too many kids walking down the street.

  10. Daniel on March 10th, 2016 12:06 pm

    No excuse for this. It doesn’t matter who it is or their age. To leave the scene is inexcusable. Had they stayed and tried to help I might could sympathize with them but to leave shows absolute disregard for the life of a human being.

  11. mq on March 10th, 2016 11:08 am

    It doesn’t seem the family or public is just “curious” for information. A child was KILLED and NO on is in custody. A month is waaaay to long for this to be kept so secretive. A day or two maybe, but NOT a month. Something, somewhere just doesn’t seem right.

  12. Bryan McCall on March 10th, 2016 10:47 am

    We know who it was,where it happened, and not only did they leave the scene they went on like nothing else happened. East Brewton is to small to not do anything, there has to be something done. If they had hit a mailbox or animal it would be different, but a child died.

  13. AC on March 10th, 2016 9:36 am

    While I have great sympathy for the family of this child, I agree totally with the district attorney. Too often when people are demanding “justice” what they really want is blood. As tragic as this is justice will not necessarily be best served by charges against a child who accidentally ran over another other child. None of us know all the circumstances surrounding this case, nor should we.

  14. Earl Sparrow on March 10th, 2016 9:19 am

    If a juvenile hit a police officer and left him for dead it wouldn’t take all of this. If a juvenile hit Stephen Billy’s kid it wouldn’t take this long. If Devon robbed a store and killed the store clerk his name, mug shot etc… would be public knowledge. He would have been arrested and charged as an adult. This is a shame. God is not pleased. Everyday Devon’s killer is free exposed how corrupt our justice system is. Every parent reading this should demand justice. Devon could have been any of our kids. Justice delayed is justice denied.

  15. MISS B on March 10th, 2016 9:09 am

    I hope that this family gets justice for their child. The person that hit him and left the scene should have been arrested and charged with something. There is something wrong when the police department does not investigate a hit and run. I pray that they get justice.

  16. Jim on March 10th, 2016 8:07 am

    I understand that grief takes many forms and people vary in their reactions, and that everyone goes through stages of grief, but to blame law enforcement because a driver took off is wrong. The investigation is ongoing, and LEOs don’t normally discuss the particulars of an ongoing case.
    The hardest part of all this is to accept the possibility that the person who hit Devon may never be identified. Allowing the resentmant and hate to eat away at you is simply self-destructive. Maybe instead of trying to create a “movement” from this tragedy, perhaps a campaign geared toward improving pedestrian routes with things like sidewalks and better lighting would be a more fitting memorial to this unfortunate young man.

  17. CW on March 10th, 2016 5:53 am

    Williamson St really needs sidewalks, there’s way too many kids walking in the street everyday when school lets out.

  18. 429SCJ on March 10th, 2016 5:21 am

    To run over a child and then to leave them in the road, no though or regard.

    The person who did this knows that the heat is on them, they are not sleeping, not sleeping because of guilt, but because of the selfish realization that their days of personal liberty are coming to a close.

    I hope that this person is caught and prosecuted to the full extent of the law. Prayers for the Spencer family. God gets us all in the the end, and his son Jesus Christ judges us, no-one!, gets away.